The XX Factor: What women really think.

Of Course the Bench Would Be Better With More Latina Judges

A guest post from Cornell law professor Eduardo M. Peñalver, who clerked on the Second Circuit for Judge Guido Calabresi and on the Supreme Court for Justice John Paul Stevens:

As some of you have pointed out, considered in the context the rest of her speech, it is clear that Sotomayor merely meant that appointing “a wise Latina woman with the richness of her experiences” to the bench would (on average) do more to improve judicial decision-making than appointing a(nother) comparably wise white male judge. Understood in this way, the comment is benign and, more importantly, almost certainly true.

Crucial to understanding Judge Sotomayor’s argument is... (To read the rest of this post, visit our new website DoubleX.com!)