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Correction to This Article
A photo caption with the continuation this article about Judge Sonia Sotomayor incorrectly identified her father as Omar Lopez. Lopez is her stepfather; her father was Juan Luis Sotomayor.
ETHNIC IDENTITY

Sotomayor Has Said Gender and Ethnicity 'Make a Difference' in Judging

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By Amy Goldstein and Jerry Markon
Washington Post Staff Writers
Wednesday, May 27, 2009

A few months shy of her 10th anniversary on the federal bench, Sonia Sotomayor flew to a law conference across the country from her native New York to give a speech that explored her ethnic identity and her role as a judge in strikingly personal terms.

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She evoked childhood memories: pigs' feet and beans, the sound of merengue at family parties, Saturday-night bingo games with her grandmother calling out the numbers while the children used chickpeas to mark their cards.

Then she pivoted to her view of the judiciary, bluntly rejecting the argument of conservative legal thinkers that judges should decide cases purely on close readings of facts and law, excluding their own frames of reference. "Our gender and national origins may and will make a difference in our judging," Sotomayor told the audience at the University of California at Berkeley that day in October 2001. "Personal experiences affect the facts that judges choose to see. . . . I wonder whether by ignoring our differences as women or men of color we do a disservice both to the law and society."

Long before she made history yesterday as the first Latina nominated to the Supreme Court, Sotomayor had been heavily sculpted, if not fully defined, by her ethnicity. "It defines everything -- a sense of what's fair and what isn't, an identity with respect to a culture," said Sergio Sotolongo, who was a year behind Sotomayor at a Bronx high school and later at Princeton University.

According to interviews with people who grew up and came of age with her, and who have worked with her and for her, Sotomayor, 54, has long had a deliberative and scholarly nature. As a Princeton freshman, she waited to decide whether to join a Latino student group until she researched it to her satisfaction. She can be demanding and exacting, with some lawyers over the years criticizing her as outspoken and temperamental on the bench. She is not a reflexive liberal, her friends and her court opinions suggest.

Yet through decades of success in the highest echelons of academia and the legal profession, she has retained an acute consciousness of herself as a Latina from modest circumstances. She serves queso blanco, a Spanish white-cheese dish, at lunches with her law clerks in her chambers. In an article nearly seven years ago in a magazine about Hispanics in higher education, she was quoted as saying: "I have spent my years since Princeton, while at law school and in my various professional jobs, not feeling completely a part of any of the worlds I inhabit."

A Bronx Upbringing

Her parents were born in Puerto Rico and moved to New York during World War II. Her father, a factory worker, died when she was 9. Her mother was a nurse. They lived in the South Bronx in the Bronxdale Houses, a massive brick housing project.

She has had her own frailties. When she was 8, she got a diagnosis of diabetes, and she has taken insulin injections since she was a child. The disease increases her risk for a long list of medical complications.

As a teenager, she commuted about five miles to the Catholic Cardinal Spellman High School -- at the time a middle-class bastion, where boys wore ties and girls wore plaid skirts and relatively few students were minorities. Hers was the first co-educational class. She was elected to the student Senate and was a member of the forensics team, memorizing speeches to be delivered before panels of judges. From early in high school, she talked of becoming a litigator. "In her mind it was speaking up for those who couldn't speak for themselves, going to court," Sotolongo recalled.

At Princeton, there were no more than several dozen black and Latino students when she entered. A history major, she studied hard, earned stellar grades and was so understated that some of her friends learned that she had won the premier undergraduate academic award, the Pyne Prize, by reading about it in the student newspaper.

She was active in Latino student affairs but not a bomb-thrower. Next to her Princeton yearbook photo, she chose a quote from Norman Thomas, a prominent socialist who ran for president six times: "I am not a champion of lost causes, but of causes not yet won."

She entered Yale Law School and succeeded there as well. As an editor of the Yale Law Journal, she published what was called a "note" that explored the possibility of statehood for Puerto Rico -- "not a topic that was much in discussion at Yale Law School," recalled a classmate, Martha L. Minow, now a law professor at Harvard. The note, Minow recalled, examined the effect statehood might have on Puerto Rico's mineral rights, without taking a side on the volatile statehood issue itself.


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