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Equality On Trial
By Thomas Sowell
July 1, 2009

Page 2 of 2

Many, if not most, thought that they were fighting for equal treatment for all. But, today, too many people seem to think it is just a question of whose ox is gored-- or for whom one has "empathy," which amounts to the same thing in practice.

Clever people say that none of this matters because Republican Senators don't have enough votes to stop this nominee from being confirmed. But that assumes that every Democrats will vote for her, regardless of what the public thinks. It also assumes that alerting the public doesn't matter, now or for the future.

The standards for judging the nomination of Sonia Sotomayor are not the standards of either the criminal law or the civil law. That is, nothing has to be proven against her "beyond a reasonable doubt" or even by "a preponderance of the evidence."

Judge Sotomayor is not in any jeopardy that would entitle her to the benefit of the doubt. It is 300 million Americans and their posterity who are entitled to the benefit of the doubt when the enormous power of determining what their rights are is put into anyone's hands as a Supreme Court justice for life.

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Thomas Sowell is a senior fellow at the Hoover Institution, Stanford University, Stanford, CA 94305. His Web site is www.tsowell.com.

COPYRIGHT 2009 CREATORS SYNDICATE, INC.

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Note -- The opinions expressed in this column are those of the author and do not necessarily reflect the opinions, views, and/or philosophy of GOPUSA.

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