×
Via Brian Tamanaha, Justice Clarence Thomas makes an important point here, and I hope conservatives listen:
"There are different approaches, because we start with different assumptions. Or we look at things differently," he reportedly said. "And I think law school should encourage you that these differences are acceptable in our legal system. And in the end, it is what strengthens and informs our legal system."The crux of Sonia Sotomayor's "wise Latina" statement is that one's life experience informs a judge's interpretation of the law -- it doesn't follow that said experience necessarily leads one to the same legal conclusions as someone who shares your gender or ethnic background. Still, the political opposition to Sotomayor always maintained that there is one correct way to read the law, and that correct way is whatever most closely conforms to their political opinions. Politicians are often more interested in finding judges who will rule the way their party wants than with the integrity of the law.
Now Thomas clearly believes the way he reads the law is correct. But he's also acknowledging that other legal opinions are valid as well, and that the diversity of approaches is something that good for our legal system.
Of course, it's worth noting that Justice Thomas was making this argument in the context of defending the right-leaning Roberts court against charges of politicization and partisanship, which it would be less vulnerable to if the votes weren't always so predictable about overturning legal precedents on the GOP hit list.
