GREENBURG: Well, the problem, though, I think, for Judge Sotomayor -- and obviously, we've seen this week in Justice Alito's confirmation hearings, when he talked about how his life experiences, being the son of an Italian immigrant, affected his thinking when he's taking up immigration cases or discrimination cases.
But with Judge Sotomayor in that speech, she also said a line before we got to the now famous line, and you played this clip from Justice O'Connor, when Justice O'Connor was saying that I think a wise old man and a wise woman judge will reach the same result. In that speech, Judge Sotomayor says, I don't think I agree with Justice O'Connor on that. So she's really going beyond life experience.
STEPHANOPOULOS: But I actually think that's less controversial than the sentence that's gotten all the attention. I mean, has Judge Sotomayor said reach a different conclusion than a white male, it probably wouldn't have been a problem. But Ed Gillespie, let me bring you in on this. A lot of studies have shown that who you are does change. When you have more women on a panel, that does tend to change how panels of judges deal with discrimination cases.
GILLESPIE: We are all shaped by who we are. We all bring that to the table. I do think, though, the -- you know, the conscious injection that you see, in a lot of her comments, of gender and race is what is causing for concern. And not only -- a little different with politicians, I think, our identity, than with a judge, and with a Supreme Court justice for a lifetime appointment.
I disagree with my friends on the Republican side, some who say, well, we should give her a pass because she's a Latina. I disagree with those who say, well, she's racist because of these comments. Neither of that is the right approach.
The fact is, you know, look, we can all, as Americans, be proud that the first African-American president just nominated the first Latina to the Supreme Court of the United States. But we need to ask the tough questions.
And frankly, I don't think those questions are so much revolving around race or gender as how did it end up that, seven of your cases that went to the Supreme Court, six of them were overturned. That's a legitimate question to ask. STEPHANOPOULOS: Well, actually that was three out of six. But that's not that exceptional, is it, for cases on the Supreme Court?
KRUGMAN: Yes, you know, what amazes me about all this is that this was a speech, right? The famous line comes from a speech where she was trying to be entertaining.
And, you know, have I -- I was thinking about this -- have I, somewhere along the line, said something like, I like to think that bright Jewish kids from suburban New York make the best economists? I probably have, somewhere along the line. It doesn't mean anything, right?
She's trying to makes a little bit of who she is...
KRUGMAN: But the judicial record shows nothing of this. The judicial record shows a straight, mainstream careful judge. And this is just crazy to be making so much out of this line.
STEPHANOPOULOS: Jan, you studied her opinions. What does -- if you look broadly at her -- at her record, her judicial record, you know, you saw, going into this, a lot of liberals were hoping the president was going to appoint a firebrand. He was sending signals to both sides.
You heard Senator Schumer say he believes she's got a moderate record.