By Tom Johnson

Jul 15, 2009 11:14am

Sotomayor Asked About ‘Temperament’. Sexist Question?

Judge Sonia Sotomayor would very much like to be the nation's new Supreme Court Justice.  She would be one of only two women on the high court. 

At yesterday's Senate confirmation hearings Sotomayor was asked a question that is being debated today.  Senator Lindsey Graham, a Republican from South Carolina, asked Sotomayor if she thought she had a "temperament problem"?   He read the judge anonymous comments written about her that used terms such as "nasty" and "bully".

"When you look at the evaluation of the judges on the second circuit you stand out like a sore thumb in terms of your temperament," Graham said.

"Do you think you have a temperament problem?" he asked.

"No sir," Sotomayor replied. "I can only talk about what I know about the relationship with the judges of my court and the lawyers who appear regularly before our circuit. And I believe my reputation is such that I ask the tough question but I do it evenly to both sides."

Is a "temperament problem" code for something else?  Would the Senator have asked a male judge the same question?  Or is it a fair, relevant question?  Graham also said this to the nominee before him: "I like you", "I may vote for you."

On Monday, Senator Graham remarked that Sotomayor would breeze through the confirmation hearings unless she had a "meltdown" and there was little chance of that.  The New York Times' Maureen Dowd had this to say in today's paper:

"Senator Graham said Sotomayor would be confirmed unless she had a "meltdown" — a word applied mostly to women and toddlers…" 

User Comments

His question to her is being commented on because he is a white man asking a minority a question. The left wing liberal media has a problem with conservative white men. PERIOD.

Posted by: steve | July 15, 2009, 11:48 am 11:48 am

He should have asked her if she was a racist. The answer would have been “yes”.

Posted by: P Henry | July 15, 2009, 11:51 am 11:51 am

Steve,
It has nothing to do with liberal bias, the man is a jerk. He’d never ask that kind of question of another man…no matter what color He was.

Posted by: louise | July 15, 2009, 11:54 am 11:54 am

Naw, it wasn’t sexist. If someone is called a “bully” — be he man or woman — it’s fair to ask if they have a problem with temperament. And Sotomayor is proving in the hearing, where she’s been asked the same thing over and over, that her temperament is just fine.

Posted by: Myron | July 15, 2009, 11:54 am 11:54 am

It is a fair question. On every college application and many application the question is asked – “how would your peers describe you?” In this case, the question was leading and adversarial. To read anymore into the question is just dumb. Anyway Maureen Dowd is way left of center, and of course, she would try to editorialize the question to make it look it sexist. Its her job to be biased and to try to make things up and cause controversy.

Posted by: Gordon | July 15, 2009, 11:59 am 11:59 am

Past remarks by candidates for supreme court are fair game. Sotomayor has made some very racially oriented statements and clearly thinks in terms of race in her perpective. Some prospective supreme court judges (as well as candidates for other offices) have been harshly criticized in the past for such remarks. Perhaps we are going to cease using such criteria in the future?..not likely. Women are different in temperament than men. We need not debate this. The question is whether Sotomayor’s behavior on the bench in the past should be used as a criterion for expectation of how she will act in the future. The answer is yes.

Posted by: Gary | July 15, 2009, 12:11 pm 12:11 pm

I’m a 44 yr old white married female. I would like to see the ‘diversity’ and balance of another female on the Supreme Court. But after living in NYC for a little over a year some time ago, I hesitate to feel comfortable with a NY Puerto Rican woman with her history. We are all a product of our upbringing and I fail to see how she can judge a case w/o a bias. Sure she brings much absolute knowledge of the law of this land, but she also brings –what I feel would be– the effect of her experiences.

Posted by: Lisa | July 15, 2009, 12:12 pm 12:12 pm

It’s SO nice that we are going to end discrimination on the basis of race and gender… by practicing discrimination on the basis of race and gender. The firefighter case discredited Sotomayor and showed her bias for her personal views outside of the law. But impartial arbiters haven’t been on the bench for most of the 20th century. It seems the primary qualification is to be a judical activst, writing and enforcing policies either party could NEVER get away with were they exposed to the election cycle. They are unaccountable and therfore the last resort and best effort to implement political policies, instead of monitor fidelity to the law. Law is politics and enforcement of the law has always been relative to the politics of the enforcer… Why should we expect anything to change along these lines???

Posted by: hmn | July 15, 2009, 12:16 pm 12:16 pm

It is a profoundly sexist question. No man would ever be asked it. A man who stands up for himself and his views is perceived as being forthright and principled; a woman doing the same is perceived as being temperamental. B
y the way, I am not a liberal, and I am not a woman. I’m a straight white male independent who has seen first-hand the treatment that my wife and sisters have endured by cretins like Graham.

Posted by: Mark | July 15, 2009, 12:20 pm 12:20 pm

My take is this…Senators questioning an esteemed judge(any esteemed judge)about law is like a drunk asking a brew-master if he uses quality hops to make beer. Neither the senator nor the drunk has any idea what they are talking about.

Posted by: Mytake is | July 15, 2009, 1:07 pm 1:07 pm

“The firefighter case discredited Sotomayor and showed her bias for her personal views outside of the law.”
No! The firefighter case showed that she follows the law, as written. The Supreme Court overturned the decision based on new criteria, new grounds that the appeals court could not take into account.

Posted by: thebob.bob | July 15, 2009, 1:58 pm 1:58 pm

One hopes that the process has moved beyond Clarence Thomas being shoved onto the Court for political reasons, despite credible testimony by a woman who worked with him… to the point where Justices should be judged by their breadth of experience and their personal growth. Not too much actual experience on the Court now, as far as I can see. The Court needs a Justice Sotomayor. Go, Sonya!

Posted by: go sonia | July 15, 2009, 2:24 pm 2:24 pm

It is ironic that Senator Graham has indicated that “he likes her (Sotomayor)and may vote for her”. Likes her??? what about judicial qualifications, this is not a personality contest Senator Graham. With the exception of republicans who need a piece of red meat, his comment reflects the lack of critical thinking.

Posted by: Lorenzo | July 15, 2009, 2:26 pm 2:26 pm

Having worked in the corporate workplace for over 25 years with all kinds of people, I think it is safe to say that in this era of being a “team player” or conversely, “going postal” and of course, workforce diversity, that asking a job candidate (which is what Sotomayor is) regardless of gender about his or her temperament is a legitimate question.
Also, as a female over 40 who has worked with her share of menopausal women, I’d personally want to know if she is popping her Premarin on a daily basis to keep the mood swings in check.

Posted by: Judy | July 15, 2009, 2:35 pm 2:35 pm

What hyocrits! Many of the senators now in the house have awful temperaments and are considered gross,vulgar and real BULLYS. One that comes to mind right away is Sen. John McCain who has been called on his gross, insulting behavior many times. Where he has come down on his peers and constituents with the four letter words. The other one is former hypocrit and senator Phil ‘Foreclosure’ Gramm. How can they sit there and condemn others for what they do regularly. As far as being ‘racist,’ what about the senators who belonged to private clubs that excluded Jews, Blacks, women and Latinos. Now that is being bigoted and racist!

Posted by: Ann G. | July 15, 2009, 2:42 pm 2:42 pm

Gary: Please provide the specific multiple statements that were made that can back up your statement “Sotomayor has made some very racially oriented statements”. When, where and why? Be specific and back it up with multiple reliable sources.

Posted by: dlboggan | July 15, 2009, 3:17 pm 3:17 pm

I can’t believe that Senators are asking Sotomayer questions, I thought she was supposed to just breeeze through these hearings. Isn’t that the way it works for minorities and Democrats.

Posted by: Robert L Cerra | July 15, 2009, 4:37 pm 4:37 pm

Yeah Steve,…”the left wing media”. Those who don’t report the news that you like… those are the “left wing media”. And who do you think reports the news the way you like to hear it? I have a pretty good idea but I won’t mention it.

Posted by: leftyintexas | July 15, 2009, 5:06 pm 5:06 pm

What’s all the boo-hooing about? She’s called temperamental? So what. Male judges perceived as bullies on the bench get called much worse. And ‘meltdown’ has passed on from defining a tantrum to a definition that is more in line with its original meaning – a situation that goes horribly wrong very quickly, leaving a mess no one wants to deal with. To be honest, I’ve never heard of ‘meltdown’ being applied to a woman.

Posted by: Ed | July 15, 2009, 6:23 pm 6:23 pm

Some of these postings are just as much as farce as some of the questions from the likes of people such as Gramm and Sessions. As if Scalia hasn’t a reputation for being cranky and temperamental. As if Rhenquist hadn’t the same. History indicates a bunch of Justices who were irascible and often “temperamental.” What a joke. If an intellectual lightweight with the baggage of Clarence Thomas is on the Supreme Court, then this lady’s endorsement is a done deal.

Posted by: Igor | July 15, 2009, 6:50 pm 6:50 pm

Who wrote this indefensible drivel? I see there is no byline! Whoever it is, they are desperately trying to reinforce their absolutely firm conviction that all Republicans MUST be racists/sexists/whateverists by manufacturing up some controversy out of thin air.
What an preposterous stretch to take a “temperament problem” comment and try to call it “sexist”! This is from the same liberal crowd that was all over McCain for his “temperament problem” – AND the same crowd that gives Sotomayor a complete pass on her “wise Latina” comment.

Posted by: Eric | July 15, 2009, 7:01 pm 7:01 pm

This whole article is a stretch by any standard. Trying to make this question and the meltdown comment into something sexist is absurd. Typical leftism.

Posted by: mwester | July 15, 2009, 7:22 pm 7:22 pm

Since the beginning of this country, we have had 111 Supreme Court Justices. Of these, 2 have been African-American men and 2 have been women. So, tell me again what you point is, sweetie, when you don’t understand that there are many men in power who, for no fault of their own, don’t realize when they are patronizing? 111-2-2. You don’t have to be a statistican to recognize a non-random distribution.

Posted by: MOM | July 16, 2009, 12:01 am 12:01 am

Judge Sotomayor is neither racist nor temperamental. And, I do agree with her that you would think that a person from one ethnic roup would make a better decision than a person who has not experienced the same problems.
That remark does not make a person a racist the Republicans saw an opportunity to take advantage of the wording and to play sound bites from it. Just like we can’t possible know what it is like to be a politican unless we have made an attempt to run for public office or has held public office.
I am so sick and tire of the politicalization of everthing that is said or done. I don’t know what it is like to be a Puerto Rican, but neither do I know what it is like to be a Cacusian either.
Enough already everyone is not a racist because they say something that someone else disagrees with it.
Get over yourselves, and move on there are so many more real issues that we need to work on, e.g., like ending these two wars, the economy, etc.

Posted by: Mary | July 16, 2009, 1:54 am 1:54 am

“temperament” seems generic to me. I’ve had both male and female bosses with temperament problems, and I’ve seen both sexes have “melt downs”. Looking for something that isn’t there, people!

Posted by: Jane Hall | July 16, 2009, 10:12 am 10:12 am

First of all Judy, if you don’t see the difference between a senator and a Supreme Court justice you need to go back to school. Senators can get the boot in 6 years if the act improperly. Secondly, show me a Senator today who belongs to a “club” that discriminates against anyone. Stop living in the past. The guy who questions a senator posing law questions to a judge… What senator is equal to an expert in any field? They’re not… but they have a staff who is qualified to investigate and present the senator with questions.

Posted by: steve | July 16, 2009, 10:36 am 10:36 am

Sotomayor is a moderate to conservative judge who was appointed by Republican George H.W. Bush. She wrote three opinions favoring anti-abortion protesters and anti-abortion policies. When Sotomayor made the “wise Latina” comment, she was specifically discussing the importance of judicial diversity in deciding “race and sex discrimination cases. There has been no bias in her judicial record. In 96 cases alleging racial discrimination, Sotomayor and the panel rejected the claim of racial discrimination roughly 78 times. In 80 percent of immigration cases she rejected the immigrants’ applications.
Sotomayor also was tougher on convicted criminals than her colleagues during her six years as a federal district judge, sending more convicts to prison and handing out longer sentences than her colleagues. In the Ricci firefighter case, Sotomayor simply followed existing law; the Supreme Court in overturning that decision created new precedent (which is fine for the Supreme Court to do, but it is not the job of a lower court; Sotomayor rightly followed precedent in this case.) It will be interesting to see how Republicans vote; a straight party line vote here is likely to send a strong message to Hispanic and women voters.

Posted by: Teri | July 17, 2009, 9:54 am 9:54 am

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