Judge Sonia Sotomayor's judicial approach is deeply rooted in identity politics, as evidenced by her rulings that consistently favor minorities, often irrespective of the case's merits. In the Ricci v. DeStefano case, involving New Haven firefighters, she upheld a lower court decision supporting the city's refusal to certify test results that promoted only whites and one Hispanic, reflecting a stance aligned with racial considerations over individual achievement. Similarly, in Gant v. Wallingford Board of Education, although forced to agree with the dismissal of a harassment claim due to lack of evidence, she dissented on the discrimination claim, suggesting that race likely influenced the school's decision to demote a black student, contrary to its policies and typical treatment of white students. Columnist Linda Chavez, testifying before the Senate Judiciary Committee, criticized Sotomayor for embracing identity politics, noting that her record shows a clear bias that undermines the ideal of a color-blind society and instead prioritizes power over equality.

Race is a tool of power politics, not the real root of the unrest. Critical Race Theory, the racial branch of Critical Theory born in the Marxist Frankfurt School, claims that race is a social construct meant to uphold white supremacy and white privilege. It holds that a person's position in society, determined by identity group, dictates how accurately the world can be understood. The marginalized are said to possess knowledge that those in power lack, and intersectionality is said to show how prejudice multiplies where several marginalized identities meet. It teaches that racism pervades Western society so completely that every interaction between a white person and a person of color is marked by an imbalance of power in the white person's favor. In practice, this means all whites and all their actions are labeled racist, and the task of society is to dismantle that imbalance through racial consciousness. It begins by assuming America is rotten to the core, founded on white supremacy and patriarchy, and it targets the wealthy, straight white male as the beneficiary of an alleged ancient conspiracy. Race is the "tip of the spear" to create social unrest so a revolution against capitalism can occur, after feminism and homosexuality failed to overthrow the constitutional republic. It has stirred up many blacks and many guilt-ridden whites. Its use is economic and political, a grab for power, and not a racial matter at heart. Behind it lies hatred of God.