Authors: Sonia Sotomayor
Tags: #Biography & Autobiography, #Personal Memoirs, #Lawyers & Judges, #Women
My mother meanwhile had plans of her own. In what seemed a flight of wild impetuousness, more in keeping with the Celina who’d run off to join the army than the mother I’d known, she decided to move to Florida, leaving me to feel once more, perhaps irrationally for an adult and now a judge, the sting of her abandonment. She and Omar had gone there on vacation the Monday after my induction, and the next thing I knew, Mami was on the phone, telling me in a giddy voice that she’d rented an apartment.
Within days of their return to New York, the apartment in Co-op City was packed up. When the cartons were removed, I stood with Mami in the empty apartment, our voices bouncing off the scuffed walls, the hollowness echoing with so many years, amid a confluence of our tears
and memories. We hugged, and then it was good-bye, Mami and Omar driving away.
Before they even reached Florida, I got a phone call from Puerto Rico: Titi Aurora had died. She had gone there to move her husband to a nursing home—the second husband, who was even crazier than the first and who’d entangled her already hard life into still further knots of sadness and exhausting labor. This was not news I could break to Mami over the phone. I needed to get on the next flight to Miami and be with her when she heard it. Titi had fought bitterly with Mami over the move to Florida. They squabbled often over all sorts of small things, but this had become a much deeper rift. To learn that death had cut off any possibility of reconciliation would, I well knew, cause Mami unbearable pain.
I marveled at how two such very different women could live so tightly bound to each other. Affection was not part of the recipe, nor was any emotional expression beyond their habit of snapping at each other. There was no confiding of secrets, no sharing of comfort visible to others. A lesson would emerge for me from their strange sisterhood: the persistence or failure of human relationships cannot be predicted by any set of objective or universal criteria. We are all limited, highly imperfect beings, worthy in some dimensions, deficient in others, and if we would understand how any of our connections survive, we would do well to look first to what is good in each of us. Titi could be disagreeable because her life had been harsh, but she lived it honorably, firmly grounded on a rock-solid foundation of personal ethics that I deeply admired. For her part, Mami, though more compassionate with strangers, brought to this relationship gratitude beyond measure for mercy shown in hardship a very long time ago. It was a gratitude time hadn’t faded, and that too I deeply admired.
I rented a car at the airport and arrived at the unfamiliar apartment complex very late at night after getting lost, driving in tearful circles. My mother must have phoned Junior before I arrived; however it happened, when she opened the door, it was clear that the news had already reached her. She fell into my arms sobbing.
We traveled together to Puerto Rico to bury Titi Aurora. I didn’t break down until I was handed the envelope of cash that she had set
aside with my name on it. We’d kept the old ritual: whenever she was going to Puerto Rico, I would lend her the money for the plane ticket. In recent years, I desperately wanted to give her the money, considering I could now afford it and she was living on Social Security. But she wouldn’t have it: if she simply accepted the cash as a gift, she could never ask for it again, as, of course, she would surely need to.
Back in New York, I helped sort out the few wisps of a material life that Titi had left behind. There was precious little for someone known to us as a pack rat. Most of what remained was a closetful of gifts that she couldn’t bear to part with or to use.
“
WHAT ARE YOU
so scared of?” Theresa asked. “What could possibly go wrong?” She had come with me from Pavia & Harcourt, her reassuring presence in chambers perhaps the only thing keeping me tethered to any semblance of sanity. My first month as a judge I was terrified, in keeping with the usual pattern of self-doubt and ferocious compensatory effort that has always attended any major transition in my life. I wasn’t scared of the work. Twelve-hour days, seven-day weeks, were normal for me. It was my own courtroom that scared me. The very thought of taking my seat on the bench induced a metaphysical panic. I still couldn’t believe this had worked out as dreamed, and I felt myself almost an impostor meeting my fate so brazenly.
At first, I worked around my anxiety by scheduling every single conference in my chambers. Until a case actually came to trial, I could skirt the problem. Finally, there came before me a case involving the forfeiture of the Hells Angels clubhouse in Alphabet City, and the marshals in charge of security drew the line. I could not meet with this bunch except in open court.
“All rise.” The trembling would pass in a minute or two, I told myself, just as it always had since the first time I’d mounted the pulpit at Blessed Sacrament. But when I sat down, I noticed that my knees were still knocking together. I could hear the sound and wondered in complete mortification whether the microphone set in front of me on the table was picking it up. I was listening to the lawyers too, of course, as the telltale tapping under the table continued, a disembodied nuisance
and reproach. Then a first question for the litigants occurred to me, and as I jumped in, I forgot about my knees, finding nothing in the world more interesting than the matter before me right then. The panic had passed; I had found my way into the moment, and I could now be sure I always would. Afterward, back in the robing room, I confessed my satisfaction: “Theresa, I think this fish has found her pond.”
L
OOKING BACK TODAY
, it seems a lifetime ago that I first arrived at a place of belonging and purpose, the sense of having heard a call and answered it. When I placed my hand on the Bible, taking the oath of office to become a district court judge, the ceremony marked the culmination of one journey of growth and understanding but also the beginning of another. The second journey, made while I’ve been a judge, nevertheless continues in the same small, steady steps in which I’d taken the first one, those that I know to be still my own best way of moving forward. It continues, as well, in the same embrace of my many families, whose vital practical support has been bestowed as a token of something much deeper.
WITH EACH OF
my own small, steady steps, I have seen myself grow stronger and equal to a challenge greater than the last. When, after six years on the district court, I was nominated to the Second Circuit Court of Appeals, and to the Supreme Court twelve years after that, the confirmation hearings would be, at each step, successively more difficult, the attacks more personal, the entire process faster, more brutally intense. But at each step, too, the numbers of family and community encircling me and coming to my defense would be exponentially greater.
Over a thousand people would attend my induction ceremony for the Second Circuit. A more intimate group of over three hundred friends
and family stayed on to celebrate that occasion and to witness my very first official act as a judge of the Second Circuit, performed that very night: marrying Mami and Omar. Combining the festivities not only doubled the joy, making the party even livelier, but also permitted me to honor those closest to me and acknowledge a debt to them—to Mami especially—for their part in what I’d become. My awareness of that debt would not be felt so keenly again for years, until the moment when I unexpectedly saw Junior’s face on the big television screen, crying his tears of joy at my nomination to the Supreme Court; the searing tears that image drew from my own eyes in turn would leave no doubt about how much the love of family has sustained me.
JUST AS I
had to learn to think like a lawyer, I would have to teach myself to think like a judge. In my small, steady steps I have mastered the conceptual tools of a trial judge wrestling with fact and precedent and of an appellate judge dealing with the theory of law on a more abstract level. I have been a happy sponge, soaking up whatever lessons I could learn from mentors generous with time and spirit. I have been thrilled by the learning that came from the opportunities I’ve had to teach and the energy drawn from interaction with my law clerks and the freewheeling exchange of ideas I have nurtured in my chambers. Now my education continues on the Supreme Court as I reckon with the particular demands of its finality of review. Almost daily, people ask me what I hope my legacy will be, as if the story were winding down, when really it has just begun. I can only reply that if I were to determine in advance the character of my jurisprudence, mine would be a far more blinkered and unworthy legacy than I hope. My highest aspiration for my work on the Court is to grow in understanding beyond what I can foresee, beyond any borders visible from this vantage.
In this connection, one memory from high school days comes to mind. During my junior year, I was chosen to attend a conference of girls from Catholic schools all over the city. Over a weekend of discussions on religious and social issues, I found myself sparring again and again with one individual, a Hispanic girl who identified herself as a Marxist. I remember her wearing an impressive Afro of the sort I had
seen before only on television; nothing so radical ever appeared in the halls of Cardinal Spellman High School.
The two of us were engaging with far more energy than anyone else at the table, a vigor that, for my part at least, derived not from the certainty of my convictions but from my love of the push and pull of ideas, the pleasure of flexing the rhetorical muscles I had been building in Forensics Club, and an eagerness to learn from the exchange. I argued, as I would so often with lawyers years later, not from a set position but by way of exploring ideas and testing them against whatever challenge might be offered. I love the heat of thoughtful conversation, and I don’t judge a person’s character by the outcome of a sporting verbal exchange, let alone his or her reasoned opinions. But in my opponent’s responses I sensed an animosity that over the course of the weekend only grew. After the final roundup session, at which we reflected on our experience of the meeting, I told her that I had very much enjoyed our conversation, and I asked her what had inspired the hostility that I sensed from her.
“It’s because you can’t just take a stand,” she said, looking at me with such earnest disdain that it startled me. “Everything depends on context with you. If you are always open to persuasion, how can anybody predict your position? How can they tell if you’re friend or foe? The problem with people like you is you have no principles.”
Surely, I thought, what she described was preferable to its opposite. If you held to principle so passionately, so inflexibly, indifferent to the particulars of circumstance—the full range of what human beings, with all their flaws and foibles, might endure or create—if you enthroned principle above even reason, weren’t you then abdicating the responsibilities of a thinking person? I said something like that.
Our conversation ended on that unsettled note, but I have spent the rest of my life grappling with her accusation. I have since learned how these considerations are addressed in the more complex language of moral philosophy, but our simple exchange that day raised a point that remains essential to me. There is indeed something deeply wrong with a person who lacks principles, who has no moral core. There are, likewise, certainly values that brook no compromise, and I would count
among them integrity, fairness, and the avoidance of cruelty. But I have never accepted the argument that principle is compromised by judging each situation on its own merits, with due appreciation of the idiosyncrasy of human motivation and fallibility. Concern for individuals, the imperative of treating them with dignity and respect for their ideas and needs, regardless of one’s own views—these too are surely principles and as worthy as any of being deemed inviolable. To remain open to understandings—perhaps even to principles—as yet not determined is the least that learning requires, its barest threshold.
With every friend I’ve known, in every situation I’ve encountered, I have found something to learn. From a task as simple as boiling water, you can learn a worthwhile lesson. There is no experience that can’t avail something useful, be it only the discipline to manage adversity. With luck, there will be plenty of time ahead for me to continue growing and learning, many more stories to tell before I can begin to say definitively who I am as a judge.
Who I am as a human being will, I hope, continue to evolve as well, but perhaps the essence is defined by now. The moment when, in accordance with tradition, I sat in Chief Justice John Marshall’s chair and placed my hand on the Bible to take the oath of office for the Supreme Court, I felt as if an electric current were coursing through me, and my whole life, collapsing upon that moment, could be read in the faces of those most dear to me who filled that beautiful room. I looked out to see my mother with tears streaming down her cheeks and felt a surge of admiration for this remarkable woman who had instilled in me the values that came naturally to her—compassion, hard work, and courage to face the unknown—but who’d also grown with me as we took our small steps together to close the distance that had opened up between us in the early years. I might have been little Mercedes as a child, but now I was equally my mother’s daughter. I saw Junior beaming proudly, and my family who traveled from New York and Puerto Rico to be there, and so many friends who have stood by me through the years. The moment belonged as much to them as to me.
I sensed the presence too, almost visible, of those who had recently passed: my friend Elaine, who had suffered a series of strokes but to
the very end managed to leaven both her own dying and the drama surrounding my nomination with her humor; Dave Botwinik, who had set this whole dream in motion toward reality.
Then I caught the eye of the president sitting in the first row and felt gratitude bursting inside me, an overwhelming gratitude unrelated to politics or position, a gratitude alive with Abuelita’s joy and with a sudden memory, an image seen through the eyes of a child: I was running back to the house in Mayagüez with a melting ice cone we called a
piragua
running sweet and sticky down my face and arms, the sun in my eyes, breaking through clouds and glinting off the rain-soaked pavement and dripping leaves. I was running with joy, an overwhelming joy that arose simply from gratitude for the fact of being alive. Along with the image, memory carried these words from a child’s mind through time: I am blessed. In this life I am truly blessed.