America has a deeply confused image of itself that is in perpetual tension. We are a nation that takes pride in our ethnic diversity, recognizing its importance in shaping our society and in adding richness to its existence. Yet, we simultaneously insist that we can and must function and live in a race and color-blind way that ignore [sic] these very differences that in other contexts we laud. That tension between "the melting pot and the salad bowl"—a recently popular metaphor used to described [sic] New York's diversity—is being hotly debated today in national discussions about affirmative action. Many of us struggle with this tension and attempt to maintain and promote our cultural and ethnic identities in a society that is often ambivalent about how to deal with its differences. In this time of great debate we must remember that it is not political struggles that create a Latino or Latina identity. I became a Latina by the way I love and the way I live my life. My family showed me by their example how wonderful and vibrant life is and how wonderful and magical it is to have a Latina soul. They taught me to love being a Puerto Riqueña and to love America and value its lesson that great things could be achieved if one works hard for it. But achieving success here is no easy accomplishment for Latinos or Latinas, and although that struggle did not and does not create a Latina identity, it does inspire how I live my life.
(Sonia Sotomayor, "A Latina Judge's Voice," Berkeley La Raza Law Journal 13 [2002]: 87-93, at 88-9)
Note from KBJ: Judge Sotomayor should think about the expression "E pluribus unum." She should also give some thought to the distinction between the personal and the political. In our personal lives, we may be partial to those who share our race, our sex, our ethnicity, our nationality, or our religion. In our political lives, we must be scrupulously impartial. The rule of law requires that judges not play favorites. They are to ignore such things as race, sex, ethnicity, nationality, and religion. If it is said that judges have not, heretofore, been impartial, the remedy is not to be partial in the other direction but to criticize partiality in all of its manifestations.
Note 2 from KBJ: I became a white male by the way I love and the way I live my life. My family showed me by their example how wonderful and vibrant life is and how wonderful and magical it is to have a white-male soul. They taught me to love being a white male and to love America and value its lesson that great things could be achieved if one works hard for it.
