I believe the most qualified candidate should get the job, always, regardless of the job. Supreme Court Justice, or really any political appointment is a bit different due to the fact that there is ideology involved in the selection of the candidate, which is as it should be, because politics is ABOUT ideology. But in terms of a job selection, a person should get or not get the job based on their ability to do the job and their fit within the role and the environment of the company. I do however think there are some jobs, and this is certainly one of them where qualifications/skills/experience are not all the job is about…i.e.there may be a variety of people who fit the bill, and a person’s background could help act as a tie-breaker.
Now I think there are some times where ethnicity is important, particularly in roles that serve the public interests, where perhaps all other things being equal among the pool of candidates qualified to serve in this capacity, perhaps one finds added value where one can. Breaking the glass ceiling for a certain ethnicity does indeed bring about positive social consequence, and therefore could be a factor, though it should not be the sole deciding factor in my opinion.
In other words, as it relates to this particular nomination, I would imagine there are literally dozens (if not hundreds) of judges who are qualified. Of those, I’m certain that ideological issues would make a good share of them incompatible with the President’s ideology, and that is fair, because though judiciary is not a place for activism, it is certainly fair to expect that a liberal President would wish to nominate a person with a seemingly more liberal leaning ideology inasmuch as such can be determined. Above all, a good selection should be someone who won’t let ideology ultimately conflict with the rule of law, but one who will certainly use his or her ideology to form opinions on social matters. And that is after all why we need a Supreme Court, because the world is not black and white, and we need judges to use their judgment.
And one part of judgment is perspective, consider that in the case of a court trial with a jury, we want people to be tried by a jury of their peers. In the Supreme Court, we have experts who are learned in the ways of the law, but should they not also represent the country? Should they not be peers to the American people. Wouldn’t it be appropriate for 11% of the Supreme Court to be Hispanic when a similar percentage of the country is? So it’s a valid argument at least to say that race should be a consideration.
Again it should not be the sole factor or even necessarily the deciding one, but consider that the pool of people who the President can consider is fairly small once experience and ideology are considered, and at that point, any one might be just as good as any other…at that point I think it is appropriate to look for things that distinguish a person’s candidacy, and one of those considerations could well be their social background.
But what little I know about this case, it is my understanding that Judge Sotamayor has an extremely strong Pedigree, having received high honors in an Ivy league school, and having had a long and successful career. She has actually been appointed by both Democrats and Republicans to various posts, and has been known as a fairly centrist judge ideologically speaking, which really makes it hard to see her as an activist judge one direction or the other, she seems above all fair, and that’s a great standard to hold one’s nominations too. I would suspect that in her case, her being Hispanic is more of the cherry on top of the perfect sundae. My understanding of this process is that Obama said he was NOT going to use race a preferential tool in the selection process, and that when Sotomayor requested a meeting with him, he was so impressed with the outcome of that meeting that he felt she was the right candidate.
Bottom line, I do not know to what extent race played a role in this particular decision, but I imagine it was handled appropriately, whether it was a factor at all. But as long as the candidate nominated is a fair minded, qualified individual, whether or not her race is what tipped the scales, I really don’t care all that much. I’m not a fan of relying too heavily on race in most hiring decisions, I always want the best candidate to get the job, but there can be circumstances where the difference between to candidates is so narrow that wrace actually DOES make one candidate very marginally better than the other.