Quote:
I'm not sure what Sotomayor said in that regard, but the Supreme Court has long imposed different standards of review based upon a history of discrimination against members of a litigant's ethnic group. Depending upon the subject matter of a discrimination case the Court might apply strict scrutiny, intermediate scrutiny, the "rational basis" test, or declare that it's not a form of discrimination subject to recourse in the courts. How is it "identity politics" to recognize that fact?
To reward someone to correct a wrong perpetrated against an ancestor is to punish someone for a transgression carried out by an ancestor. That is ridiculous. A white man is to be punished because another white man discriminated against a black man 100 years ago, even if the black man's ancestors didn't arrive in the country until AFTER the segregation and discrimination laws put an end to that practice? What happened to the 14th Amendment's Equal Protection Clause? Or is it Equal Protection only if you are a member of a certain class?