Tag Archives: Schuette v. BAMN

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Cutting The Ties That Blind

Supreme Court Justice Sonia Sotomayor. Image via The Guardian.

By Guest Contributor Thomas L. Mariadason

The iconography of blind justice is ubiquitous. Expressionless Greco-Roman goddesses stridently clutching scales adorn courtrooms all across our country. At this point, the imagery is hardly eye-catching, but its familiarity helps numb our doubts about the nature of judicial objectivity. Sightlessness, after all, is the supreme analogue of impartiality.

One small catch: the metaphor of blindness—an ableist trope that frequently undermines itself —also suggests the inability to perceive the realities before us.

In a heavyweight dissent to the flyweight opinion in Schuette v. BAMN, Justice Sonia Sotomayor knocked the shut-eyed obliviousness out of her Supreme Court benchmates, exhorting them “to apply the Constitution with eyes open to the unfortunate effects of centuries of racial discrimination.”

I’m with Kweli on this one: “Right about now I’m feeling very grateful we have a Puerto Rican from the Bronx on the Supreme Court.”
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