Ever since the mid-1500s, Lady Justice has been depicted in art as blind, signifying objectivity in judgment, the application of Rule of Law. However, Supreme Court Justice Sonia Sotomayor wants to rip the blindfold away to allow for some more subjectivity on the highest court in the land. In recent comments before Brooklyn Law School, Justice Sotomayor turned her attention to the rhetoric surrounding the non-appointment of Judge Merrick Garland. The day before, Barack Obama defended his nomination of Garland by saying, “Yeah, he’s a white guy. But he’s a really outstanding jurist.” In doing so, Obama demonstrated that he considered Garland’s race, but figured his experience divining the law trumped the color of his skin.

Justice Sotomayor, however, does consider the race, religion and background of all her fellow justices. “I, for one, do think there is a disadvantage from having [five] Catholics, three Jews, [and] everyone from an Ivy League school,” she said. No word yet on whether she thinks her fellow justices can actually adjudicate. She continued, “A different perspective can permit you to more fully understand the arguments that are before you and help you articulate your position in a way that everyone will understand.” Affirmative action for the courts is injustice. While his nomination is hypocritical to what Democrats argued in the past, Obama at least considered if Garland could do the job.