Sotomayor and the Politics of Race - WSJ.com

Sotomayor and the Politics of Race - WSJ.com

President Obama's nomination of Sonia Sotomayor for the Supreme Court points to a dilemma that will likely plague his presidency: How does a "post-racialist" president play identity politics?


What is most notable about the Sotomayor nomination is its almost perfect predictability. Somehow we all simply know -- like it or not -- that Hispanics are now overdue for the gravitas of high office. And our new post-racialist president is especially attuned to this chance to have a "first" under his belt, not to mention the chance to further secure the Hispanic vote. And yet it was precisely the American longing for post-racialism -- relief from this sort of racial calculating -- that lifted Mr. Obama into office.

The Sotomayor nomination commits the cardinal sin of identity politics: It seeks to elevate people more for the political currency of their gender and ethnicity than for their individual merit. (Here, too, is the ugly faithlessness in minority merit that always underlies such maneuverings.) Mr. Obama is promising one thing and practicing another, using his interracial background to suggest an America delivered from racial corruption even as he practices a crude form of racial patronage. From America's first black president, and a man promising the "new," we get a Supreme Court nomination that is both unoriginal and hackneyed.

This contradiction has always been at the heart of the Obama story. On the one hand there was the 2004 Democratic Convention speech proclaiming "only one America." And on the other hand there was the race-baiting of Rev. Jeremiah Wright. Does this most powerful man on earth know himself well enough to resolve this contradiction and point the way to a genuinely post-racial America?

The Sotomayor nomination suggests not. Throughout her career Judge Sotomayor has demonstrated a Hispanic chauvinism so extreme that it sometimes crosses into outright claims of racial supremacy, as in 2001 when she said in a lecture at the University of California, Berkeley, "a wise Latina woman . . . would more often than not reach a better conclusion [as a judge] than a white male."

The White House acknowledges that this now famous statement -- both racist and dim-witted -- was turned up in the vetting process. So we can only assume that the president was aware of it, as well as Judge Sotomayor's career-long claim that ethnicity and gender are virtual determinisms in judging: We need diversity because, as she said in her Berkeley lecture, "inherent physiological or cultural differences . . . make a difference in our judging." The nine white male justices who decided the Brown school-desegregation case in 1954 might have felt otherwise, as would a president seeking to lead us toward a new, post-racial society.

But of course "post-racialism" is not a real idea. It is an impression, a chimera that grows out of a very specific racial manipulation that I have called "bargaining." Here the minority makes a bargain with white society: I will not "guilt" you with America's centuries of racism if you will not hold my minority status against me. Whites love this bargain because it allows them to feel above America's racist past and, therefore, immune to charges of racism. By embracing the bargainer they embrace the impression of a world beyond racial division, a world in which whites are innocent and minorities carry no anger. This is the impression that animates bargainers like Mr. Obama or Oprah Winfrey with an irresistible charisma. Even if post-racialism is an obvious illusion -- a bargainer's trick as it were -- whites are flattered by believing in it.

But the Sotomayor nomination shows that Mr. Obama has no idea what a post-racial society would look like. In selling himself as a candidate to the American public he is a gifted bargainer beautifully turned out in post-racial impressionism. But in the real world of Supreme Court nominations, where there is a chance to actually bring some of that idealism down to earth, he chooses a hardened, divisive and race-focused veteran of the culture wars he claims to transcend.

I have called Mr. Obama a bound man because he cannot win white support without bargaining and he cannot maintain minority support without playing the very identity politics that injure him with whites. The latter form of politics is grounded in being what I call a challenger -- i.e., someone who presumes that whites are racist until they prove otherwise by granting preferences of some kind to minorities. Whites quietly seethe at challengers like Jesse Jackson who use the moral authority of their race's historic grievance to muscle for preferential treatment. Mr. Obama has been loved precisely because he was an anti-Jackson, a bargainer who grants them innocence before asking for their support. So when Mr. Obama plays identity politics -- as in the Sotomayor nomination -- he starts to look too much like the challenger. Still, if he doesn't allow identity to trump merit so that he can elevate people like Judge Sotomayor, he angers the minorities who so lavishly supported him. So far he is more the captive of America's ongoing racial neurosis than the man who might liberate us from it.

Judge Sotomayor is the archetypal challenger. Challengers see the moral authority that comes from their group's historic grievance as an entitlement to immediate parity with whites -- whether or not their group has actually earned this parity through development. If their group is not yet competitive with whites, the moral authority that comes from their grievance should be allowed to compensate for what they lack in development. This creates a terrible corruption in which the group's historic grievance is allowed to count as individual merit. And so a perverse incentive is created: Weakness and victimization are rewarded over development. Better to be a troublemaker than to pursue excellence.

Sonia Sotomayor is of the generation of minorities that came of age under the hegemony of this perverse incentive. For this generation, challenging and protesting were careerism itself. This is why middle- and upper middle-class minorities are often more militant than poor and working-class minorities. America's institutions -- universities, government agencies, the media and even corporations -- reward their grievance. Minority intellectuals, especially, have been rewarded for theories that justify grievance.

And here we come to Judge Sotomayor's favorite such ingenuity: disparate impact. In the now celebrated Ricci case the city of New Haven, Conn., threw out a paper and pencil test that firefighters were required to take for promotion because so few minorities passed it. In other words, the test had a disparate and negative impact on minorities, so the lead plaintiff, Frank Ricci -- a white male with dyslexia who worked 10 hours a day to pass the test at a high level -- was effectively denied promotion because he was white. Judge Sotomayor supported the city's decision to throw out the test undoubtedly because of her commitment to disparate impact -- a concept that invariably makes whites accountable for minority mediocrity.

Challengers are essentially team players. Their deepest atavistic connection is to their aggrieved race, ethnicity or gender. Toward the larger society that now often elevates and privileges them, they carry a lingering bad faith -- and sometimes a cavalier disregard where whites are concerned, as with Judge Sotomayor in the Ricci case.

With the Sotomayor nomination, Mr. Obama has made the same mistake his wife made in her "This is the first time I am proud of my country" remark: bad faith toward an America that has shown him only good faith.