For Leftists, the rule of law must give way to the law of diversity

April 20, 2020

A good legal system is a reliable system, one that is never “arbitrary and capricious.” The best hedge against tyranny is a legal system that is not dependent on a tyrant’s whims or the emotional responses of a cabal of activist judges. Under that system, people have the necessary information to make decisions that will benefit themselves and society. Washington State does not allow those concerns to affect how it chooses judges.

In a system subject to unpredictable, unequally-applied whims, people are paralyzed. That’s why it’s important to have judges that (a) know both case law and statutory law; (b) respect the law and have the will to apply it equally; and (c) have the intelligence and education to analyze cases and determine the correct law.

These three qualities are abstracts that apply regardless of a judge’s race, color, creed, ethnicity, sex, or sexual orientation. Unfortunately, leftism, with its commitment to identity politics, has stripped the law of these reliable absolutes. Instead, it cares little whether a judge knows the law, respects the law, applies the law, or has functional knowledge and intelligence. The only thing that matters to the left is ticking off those little identity politics boxes.

In 2001, eight years before Obama nominated her for the United States Supreme Court, Sonia Sotomayor linked her judicial abilities to her race and sex: : “I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life.”

However, in 2009, when the Senate contemplated Sotomayor’s nomination, leftists backed away from her explicitly expressed belief that sex and race matter more than the rule of law. They focused, instead, on her academic credentials (Princeton and Yale) and her professional experience............  To Read More