WASHINGTON - There are two sides to Supreme Court nominee Sonia Sotomayor: a Latina from a blue-collar family and a wealthy member of America's power elite.
The White House portrays Sotomayor
as a living image of the American dream, though its telling of the
rags-to-riches story emphasizes the rags, a more politically appealing
narrative, and plays down the riches.
Branding a complex person
in a simplistic way can backfire in the highly charged environment
surrounding her coming Senate hearing.
Discussions about Sotomayor
and her ethnicity, gender and tax bracket carry risks for supporters
and detractors. Unartful criticism by Republicans risks offending
voters they'd like to win. Democrats, likewise, need to be cautious
about how they conduct the debate in a nation uncomfortable talking
about matters of race and gender.
On ethnicity, Sotomayor
herself has recognized - and contributed to - the dichotomy. She
proudly highlights her Puerto Rican roots but hasn't always liked it
when others have. She once took issue with a prospective employer who
singled her out as a Latina with questions she viewed as offensive yet
has shown a keen ethnic consciousness herself.
In a California
speech in 2001 now under renewed scrutiny, she remarked that, on a
court, "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." On Friday, White House
spokesman Robert Gibbs said Sotomayor acknowledges she made a poor word choice.
In that same speech, "A Latina Judge's Voice," Sotomayor
drew attention to cultural differences between Mexican-Americans and
Puerto Ricans and between Puerto Ricans born in Puerto Rico and those
born on the U.S. mainland, and narrowed her ethnicity beyond American,
Hispanic and Puerto Rican to "Newyorkrican."
"For those of you on
the West Coast who do not know what that term means: I am a born and
bred New Yorker of Puerto Rican-born parents who came to the states
during World War II," she explained.
Yet years ago, during a recruiting dinner in law school at Yale, Sotomayor
objected when a law firm partner asked whether she would have been
admitted to the school if she weren't Puerto Rican, and whether law
firms did a disservice by hiring minority students the firms know are
unqualified and will ultimately be fired.
Afterward, Sotomayor
confronted the partner about the questions, rejected his insistence
that he meant no harm and turned down his invitation for further job
interviews. She filed a discrimination complaint against the firm with
the university, which could have barred the firm from recruiting on
campus. She won a formal apology from the firm.
In speeches, Sotomayor
has harkened back to her and her brother's beginnings in a poor Bronx
neighborhood, roots that President Barack Obama highlighted in
introducing her this week.
"Born in the South Bronx, she was
raised in a housing project," Obama said. "And even as she has
accomplished so much in her life, she has never forgotten where she
began, never lost touch with the community that supported her."
Yet Sotomayor
did not live her entire childhood in a housing project in the South
Bronx - she spent most of her teenage years in a middle-class
neighborhood, attending private school and winning scholarships to
Princeton and then Yale.
And Sotomayor's
life and lifestyle after law school largely resemble the background of
many lawyers who rise to powerful positions in Washington.
She
climbed her way up through New York's Democratic power structure
boosted by its ultimate brokers over those years - Gov. Mario Cuomo,
Mayor Ed Koch, Sen. Daniel Patrick Moynihan and District Attorney
Robert Morgenthau. That's the access of a partner in a corporate law
firm, not a kid from the South Bronx.
She now earns more than
$200,000 a year and owns a condominium in Greenwich Village, a
neighborhood of million-dollar-plus homes. Her brother, Dr. Juan Sotomayor,
is a physician in North Syracuse, N.Y., whose practice doesn't accept
Medicaid or Medicare - programs for the poor and elderly - according to
its Web site.
Her ethnic consciousness was apparent in the earliest days of her career, in the New York City prosecutor's office.
"What
I am finding, both statistically and emotionally, is that the worst
victims of crimes are not general society - i.e., white folks - but
minorities themselves," she told The New York Times in 1983. "The
violence, the sorrow are perpetrated by minorities on minorities."
The "riches" part of Sotomayor's
rags-to-riches story began when she left her low-paying job in that
prosecutor's office and joined the Pavia & Harcourt law firm. Her
clients included Fendi, maker of luxury purses that she was unlikely to
have seen as a child in the Bronx.
Still, she kept her hand in the Puerto Rican community - possibly to the point of a conflict of interest.
She
served simultaneously on New York's campaign finance board and the
board of the Puerto Rican Legal Defense and Education Fund, an advocacy
group that took legal action in 1991 to fight what it considered
discriminatory redistricting. Sotomayor
didn't recuse herself from a finance board discussion of the
redistricting battle, despite the involvement of her own advocacy group.
Also during this time, Sotomayor
served on the state board that makes mortgages available to low- and
middle-income New Yorkers. She missed nearly a third of the board's
meetings during three of those years but apparently still left a mark.
Cuomo said Sotomayor's respect for the law, her "life story" and her integrity were deciding factors in his decision to name her to the agency.
And
when she left in 1992, the agency's board adopted a resolution praising
her for defending "the rights and needs of the disadvantaged to attain,
maintain, and secure affordable housing appropriate to their need." It
went on: "Ms. Sotomayor also served as the
conscience of the Board concerning the negative effects of
gentrification which can harm communities and create hopelessness and
homelessness if individuals and families are displaced."
Republicans are scrutinizing her full record and background, but carefully. The White House warned as much earlier this week.
"It
is probably important for anybody involved in this debate to be
exceedingly careful with the way in which they've decided to describe
different aspects of this impending confirmation," White House
spokesman Robert Gibbs said.
With Hispanics a growing voting
bloc, and ethnic sensitivities high, few are willing to be as blunt as
former House Speaker Newt Gingrich, who said of her comment that a
Latina woman would rule more wisely than a white man: "New racism is no
better than old racism."
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Associated Press writers Cal
Woodward in Washington, Sara Kugler in New York and Jessica M. Pasko in
Albany, N.Y., contributed to this report.