In our private conversations, Judge Cedarbaum has pointed out to me that seminal decisions in race and sex discrimination cases have come from Suprem… - Sonia Sotomayor

Justice O'Connor has often been cited as saying that a wise old man and wise old woman will reach the same conclusion in deciding cases. I am not so sure Justice O'Connor is the author of that line since Professor Resnik attributes that line to Supreme Court Justice Coyle. I am also not so sure that I agree with the statement. First, as Professor Martha Minnow has noted, there can never be a universal definition of wise. Second, 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.

That tide of insecurity would come in and out over the years, sometimes stranding me for a while but occasionally lifting me just beyond what I thought I could accomplish. Either way, it would wash over the same bedrock certainty: ultimately, I know myself. At each stage of my life, I've had a pretty clear notion of my needs and of what I was ready for.

Argument by argument, the majority invents immunity through brute force. Under scrutiny, its arguments crumble. To start, the majority’s broad “official acts” immunity is inconsistent with text, history, and established understandings of the President’s role. Moreover, it is deeply wrong, even on its own functionalist terms. Next, the majority’s “core” immunity is both unnecessary and misguided. Furthermore, the majority’s illogical evidentiary holding is unprecedented. Finally, this majority’s project will have disastrous consequences for the Presidency and for our democracy.