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Justice O'Connor has often been cited as saying that a wise old man and wise old woman will reach the same conclusion in deciding cases. I am not so sure Justice O'Connor is the author of that line since Professor Resnik attributes that line to Supreme Court Justice Coyle. I am also not so sure that I agree with the statement. First, as Professor Martha Minnow has noted, there can never be a universal definition of wise. Second, 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.
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In such cases, one can feel powerless and wonder why the others were not persuaded by what one took to be so salient in the case. There is, on the other hand, a singularly satisfying feeling that one gets when one has arrived at a particularly penetrating analysis and is able to convince both of one's colleagues of its merit.
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I find the speech in this case patently offensive, hateful, and insulting. The Court should not, however, gloss over three decades of jurisprudence and the centrality of First Amendment freedoms in our lives because it is confronted with speech it does not like.
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In our private conversations, Judge Cedarbaum has pointed out to me that seminal decisions in race and sex discrimination cases have come from Supreme Courts composed exclusively of white males. I agree that this is significant but I also choose to emphasize that the people who argued those cases before the Supreme Court which changed the legal landscape ultimately were largely people of color and women.
Sonia Sotomayor
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Nobody ever did anything very foolish except from some strong principle.
William Lamb, 2nd Viscount Melbourne
Sonia Sotomayor
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Born:
June 25, 1954
(age 70)
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