Top of a special Bernie Sanders fundraising offer involving a very special custom pint of ice cream
Top of a Bernie Sanders fundraising offer involving a very special custom pint of ice cream
Farther down the page, showing the whole container
Farther down the page, showing the whole container

If you’re friends with me on Facebook, you already know I’m supporting Bernie Sanders in the Democratic primaries. And if you read this blog regularly, you know I’m both a long-time student of marketing and a long-time advocate of marketing with honesty and integrity.

In light of this, I received a mailing from one of the groups allied with the Sanders campaign, and immediately noticed some things I wanted to share.

  • The product is totally in keeping with Bernie’s message, talking about the “1%” chocolate layer on top of the ice cream
  • The video featuring Ben Cohen explaining the flavor to Jerry Greenfield, is hilarious, especially where he talks about breaking through the one percent barrier to spread the wealth (the chocolate) throughout the pint
  • Most marketers, when faced with the opportunity to offer a single unique item, set a stratospheric price—but even with a total production run of just fifty, and only one being given to this organization, the price is only $50 (once again reinforcing the brand messaging)
  • However, it’s something of a lottery; only one person gets the prize, but anyone who contributes $50 or more by the deadline gets to play
  • There are also a number of less exclusive rewards—democratizing the lottery somewhat.

If you’d like to see the other prizes, or make a donation and enter the raffle (deadline is tomorrow), visit https://secure.actblue.com/contribute/page/wewantbernie

Disclaimer and disclosures: I am not involved in any way with organizing this promotion and don’t benefit financially. I have given money to the Sanders campaign and I’ve probably also given money to Progressive Democrats of America, the sponsoring organization.

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Earth Lightning, by Stephanie Hofschlaeger
Photo by Stephanie Hofschlaeger

2016 is going to be a GREAT year for the green world, and the green business world in particular. I thought so even before two developments this past week that make me even more optimistic:

  1. COP21, the historic climate change agreement signed by 197 countries at the Paris summit, will cause pressure from governments and their citizens
  2. The US has extended the tax credit package on solar and wind (slated to expire at the end of 2016) for five years—adding as much as 39 gigawatts of clean energy

Add in the widely spreading understanding in the  business world that going green the right way slashes costs, boosts revenues, and generates profit, and it’s not surprising that 2016 will be a year of great progress. (If you don’t yet see the connection, order a copy of my new book, Guerrilla Marketing to Heal the World. It’s got hundreds of examples ranging from Fortune 100 to solopreneurs.)

Expect to see lots more high-level research, looking for holistic steps that create big jumps in energy efficiency and big reductions in waste. Already, we’ve made amazing technological leaps within just the past couple of years. I’ll name two among hundreds:

  1. Approaches like biomimicry—modeling how nature solves complex problems—will let sustainability ripple through the whole culture, relatively rapidly.
  2. Electrical storage (a major restraint on renewable energy growth) has made huge strides, including the vaunted Tesla battery systems.

All is not sunshine and roses, of course. The Act of Congress that extended the clean-energy tax credits also opened up the door for some of the worst kind of carbon-intensive development: exporting the dirtiest types of fossil fuel energy. Public pressure—activism in the streets, in the boardrooms, and in the halls of legislative power—must hound every proposal to put in fracking, use or transport tar-sands oil, build unnecessary pipelines, etc.

One key meme has to be “honor the commitments we made at COP21.”

If the business community, especially, makes it clear that it expects the US to do its part in meeting the targets, and that exporting fossil fuels across oceans will work against this, that open door may stay largely unused. But it will take vigilance.

One not-so obvious trend

The above predictions are relatively mainstream in the green world, even if they appear startling to those outside of it. Let me conclude with a much more “out-there” proposition:

Businesses will go beyond merely going green. Sustainability will be seen as a first step. More and more companies will be going beyond sustainability to create a world where hunger and poverty turn into sufficiency, war into peace, and catastrophic climate change into planetary balance.

Why? Because they will see enormous profit opportunities, and because it feels so much better to oneself, employees, neighbors, suppliers and other stakeholders to see making the world better as a key success metric. How? I wrote a whole book to answer that question.

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Delegates at an international meeting
A similar international meeting (in Bonn, Germany)

After the failure at Copenhagen a few years back, I didn’t have big hopes for this year’s event. Yet, I’m beginning to think the big Paris climate change conference known as #COP21 may actually accomplish some real change.

Oddly enough, my optimism is rooted in something I would have seen a few years ago as a fatal flaw: that the results will be based in voluntary, not mandatory, compliance.

Why? Because:

  1. We can’t GET mandatory compliance. In the US, that would require a yes vote in each house of Congress, or even worse, the 2/3 Senate support required to adopt a treaty. But even as far back as Kyoto, US electoral politics had become a toxic swamp of attack-dog partisanship. No climate change bill with teeth is going to pass Congress any time soon. And without US (or China’s) participation, any agreement would be useless.
  2. The US and China have already agreed to take climate seriously, and have negotiated their own agreement. Weaker than I’d like, but a heck of a good start, and one that seems to have helped apply the brakes on China’s mad rush to coal (the worst scenario for averting climate disaster).
  3. The business community has woken up. Often a force for conservatism, the business world now understands the catastrophic consequences of failure to make meaningful progress on climate change—and the profits to be made in doing the right thing. If the government won’t act, they will force action through other channels. The emergence of environmental activism among evangelical Christians and even a subset of Tea Party activists who care deeply about the environment is also very encouraging.
  4. The growing use of carbon markets provides additional financial incentives for cutting carbon.
  5. New technology makes it easier to do more with less, use. our resources far more effectively, and solve engineering problems with biological thinking (for example, letting bridge engineers study spiderwebs). We understand now, for instance, just how much energy and carbon we can save by going for deep conservation.
  6. Early discussions about whether the world should agree on a 1.5 degree Celsius vs. 2 degree C cap in global temperatures compared to what existed before the Industrial Revolution means we’ve finally gotten past the question that’s been holding us back for so long: why do we need to contain rising temperatures in the first place? For the first time, the world is pretty much in agreement that it has to be done. Not just scientists, this time, but governments, too. Climate deniers (other than in the US Republican Party leadership, apparently) are now as marginalized as environmental activists were 20 or 30 years ago.

I could keep going, but you get the message—we can do this!

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Visiting Minneapolis for the holidays, we happened to walk by the American Indian Movement Interpretive Center and its Thunder Before the Storm Gallery, located in the Ancient Traders Market, 1113 E. Franklin Avenue (at South 15th Avenue).

As a child in the 1960s and 1970s, I learned about the powerful activism of the American Indian Movement; they were in the newspapers constantly with bold actions around native people’s rights in the US and elsewhere.

Their multipronged approach included:

  • Nonviolent direct action such as the occupation of
    Alcatraz Island and the Trail of Broken Treaties March on Washington/occupation of the Bureau of Indian Affairs offices
  • Shows of force, including the 71-day occupation of Wounded Knee, South Dakota
  • Creating alternative institutions such as schools, community media (including a radio station), and career training programs
  • Legal actions in the courts

(See a detailed history at https://static1.squarespace.com/static/5564875fe4b0a715f94b3b42/t/558850b7e4b010cd4058b0d6/1434996919389/AIMPastPresentFuture.pdf; scroll down to the section, “A Brief History of he American Indian Movement.”)

Later, in 1980, I attended the Black Hills Gathering, as did many people involved with AIM, several of whom spoke from the stage. The Black Hills Gathering fused the causes of environmentalism/protecting land and water/the safe energy movement with those of indigenous rights around the world, and particularly the native peoples of North America.

Along with the Seabrook, NH nuclear power plant site occupation of 1977, the Black Hills Gathering was a turning point in my own activist journey. I’d already been involved in the safe energy movement for several years, starting well before Seabrook, and before that was a high school and college activist on ending the Vietnam War, abolishing nuclear weapons, LBG rights, and students’ rights.

The Black Hills Gathering was my first deep exposure to the specifics of the indigenous people’s movements. Speaker after speaker drew connections among seemingly disparate struggles like the Dine (Navajo) people’s resistance to uranium mining in the Southwest, the struggle to replace a collaborationist tribal government on the Lakota Pine Ridge Reservation, and the battles of native peoples around the country and around the world to block the corporatization and expropriation of land, water, and other resources.

I trace my advocacy on water issues, and my promotion of the idea that urban rooftops could be food and energy sources, to this 3-day outdoor conference and festival. Those are both areas that I still talk about 35 years later; they’re even discussed in my newest book, Guerrilla Marketing to Heal the World.

Walking into the AIM Interpretive Center, seeing the photos on the walls, brought back all those memories.

The gallery doesn’t get a lot of visitors, but it is open to the pubic (and it’s part of a neighborhood that’s a hotspot of American Indian culture). We were lucky enough in our visit to meet Eric Byrd, AIM’s archivist and curator, who filled us in on plans for future exhibits and on the photo-history publishing program the organization is working on.

If you’re in the Twin Cities, pop on in. If you’re not, visit the website.

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Screenshot of KPMG's internal "higher purpose" video captioned "We Shape History"
Screenshot of KPMG’s internal “higher purpose” video

This Harvard Business Review article and accompanying video are too good not to share. The video is less than two minutes and well-worth watching. Watch it with your marketer hat on. Pay attention both to the direct message and to the outcomes.

KPMG is positioning itself as an agent of social change, a social entrepreneurship giant involved in everything from keeping the Nazis at bay during World War II to certifying the election results that allowed Nelson Mandela to become the first president of a free South Africa.

I’m not passing judgment on the accuracy of the claim that the wonderful, world-changing projects highlighted in the video represent KPMG’s (and predecessor Peat Marwick’s) overall corporate culture  over many decades. I haven’t done the due diligence on that, and frankly, I’m pretty skeptical of the claim. Big Four accounting firms don’t tend to be known as cauldrons of world-changing social entrepreneurship.

But clearly, the company decided to spotlight its role as a changemaker and to foster an employee culture of empowered action—and that’s terrific. Not at all surprised to see the excellent results. Every manager should look at the amazing engagement this campaign created, with over 42,000 stories submitted by employees and 76 percent agreement that their jobs had deeper meaning.

Be sure to note the graph at the bottom, contrasting several employee satisfaction metrics under managers who emphasized or didn’t emphasize a higher purpose.

If one of the largest accounting firms in the world can take this on, your probably much simpler business can do it too. Every person who supervises others should take that data to heart and make sharing their own organization’s higher purpose a consistent part of their own employee motivation (if you get stuck on this, contact me; I can help).

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Nonviolent peace demonstration in Britain
Nonviolent peace demonstration in Britain
Nonviolent peace demonstration in Britain

Once again, yesterday, I came across the tired old canard that the only way to fight bad things and bad people is to put weapons in the hands of good people. We hear it after every mass shooting.

And not only is it not true, it’s a very destructive thought pattern. Too often, when good people get guns, they turn into not-so-good people. Lord Acton’s famous dictum, “Power corrupts. Absolute power corrupts absolutely” seems to hold very true. Dictators were often first hailed as liberators; as one of hundreds of examples, think about Zimbabwe’s Robert Mugabe.

Gandhian techniques were actually very effective against the Nazis. The scholar Gene Sharp documented this extensively in The Politics of Nonviolent Action trilogy. And frankly, the Brits in India were no saints. They were brutal and violent, though lacking the organized killing machine (gas chambers, etc.) the Nazis built. You may be familiar with the King of Denmark very publicly wearing the yellow star. That’s just one example of hundreds. Many of these incidents had better outcomes than a lot of gun-based responses.  And even when they didn’t, the reprisals were directed against those who acted, and not—as so often happened when partisans killed Nazis—the entire community.

The segregated American South was also quite brutal and violent, as shown very effectively in the recent movie, “Selma.” Martin Luther King considered Gandhi a mentor. Gandhi in turn learned from (and actually corresponded with) Tolstoy. Mandela, I’m sure, studied both Gandhi and King, and in turn influenced the Arab Spring.

None of this happens in a vacuum. We can trace nonviolent resistance in a reasonably straight line at least back to Christ, and of course there are several incidents of Gandhian tactics in the Old Testament. My personal favorite is the refusal of the midwives Shifra and Pu’ah to carry out the Pharaoh’s command to kill all the Hebrew boy babies, though Abraham’s argument with God over the coming destruction of Sodom and Gomorrah is a close second.

Tweet: Could nonviolence stop Nazis? https://ctt.ec/f753a+

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Aftermath of Hurricane Katrina. Photo by Palmer W. Cook
Photo of debris after Hurricane Katrina
Aftermath of Hurricane Katrina. Photo by Palmer W. Cook

It’s not often you hear a self-professed liberal Jewish feminist open her talk with ten minutes praising the Pope. But that’s how Naomi Klein, author of This Changes Everything, The Shock Doctrine, and several other groundbreaking books, began her talk at Mount Holyoke College last night. While acknowledging a litany of areas where she and Francis have profound disagreements—among them same-sex marriage and a woman’s right to control her own body—she thanked him publicly for his attention to the planet in peril and its dispossessed people, saying he was a great example of what environmental leadership looks like right now.

And for Klein, those two areas—helping the planet and replacing poverty with abundance—are forever braided together. “Climate change is an accelerant to all the other issues going wrong…It’s not about saying climate change is so big that it trumps everything else. All are equally urgent, and we don’t win by pitting these issues against each other.” We win, she says, by joining forces to demand holistic approaches that simultaneously solve climate heating, create jobs and economic opportunity, and remediate ism-based oppression—by “connecting climate change with a broken economic model”—a concept she calls “intersectionality.”

(This is a message particularly dear to my own heart, and thoroughly integrated into my forthcoming 10th book, Guerrilla Marketing to Heal the World as well as my own talk, “‘Impossible’ is a Dare.”)

The impacts of climate change, she notes, often fall most heavily among the very poor countries, and the very poor residents of rich countries. Oil refineries, coal plants, and high asthma rates tend to be found in low-income communities, often with high concentrations of people of color. Rising floodwaters will inundate poor, tiny island nations first. “It’s not just about things getting hotter, but about things getting meaner. More militarized, more racist,” as we see in the response of countries like Hungary to the Syrian refugee crisis. Which she sees as climate-related, noting that the Syrian civl war followed the worst drought in Syria’s history. Climate change, she says, is also a women’s and a feminist issue; the impacts hit women disproportionately as well.

So her challenge to climate activists is to turn “disaster apartheid” (e.g., the detestable official response to Hurricane Katrina) into “energy democracy.” And that includes making sure that the communities hit hardest are first in line for improvements that meet their needs.

Hurricane Katrina, which inspired Klein to write The Shock Doctrine and begin her climate study that led to This Changes Everything, was a perfect storm combining “heavy weather and a weak and neglected public sphere.” She points out that by the time Katrina made landfall, it had been downgraded from a Category 5 hurricane to a mere tropical storm. The levees should have withstood the onslaught, if they hadn’t been allowed to fall into disrepair.

While the world looked on with horror as “FEMA couldn’t find New Orleans,” and “prisoners were abandoned, locked in their cells as the waters were rising,” evacuees were given one-way tickets out, and the elites seized an opportunity to remake the city as a wealthier place, with 100,000 fewer poor blacks, even tearing down public housing projects undamaged by the storm, to replace them with high-end condominiums.

Quoting Black Lives Matter leader Alicia Garza, Klein says it’s time to “‘make new mistakes’…we can’t demand perfection but we can demand evolution.”

Examples of the old mistakes we shouldn’t keep making:

  • “Projecting messianic fantasies onto politicians” and becoming disappointed when they fail to save us
  • Believing we can solve all our problems with market forces (she cites the recent Volkswagen fuel emissions tampering scandal as an example of why that doesn’t work)—or with technological fixes, which include not only wonderful new green energy systems but also environmentally catastrophic technologies like fracking (“the oil companies have figured out how to screw us sideways”), tar-sands oil, and massive pipelines such as the Keystone XL
  • “Building a movement entirely of upper-middle-class white people and wondering why people of color don’t join”
  • “Tearing other people to shreds” in bouts of anger disguised as political purity
  • Thinking that any one of us can do it all ourselves

Noting that fossil fuel companies will work extremely hard to protect their enormous profits and will try to win the public by pointing out the lifestyles of luxury fossil fuels have allowed us, Klein says we won’t win by trying to educate fossil-fuel billionaires like the Koch brothers. Furthermore, “we cannot look at this without looking at who burned what, when. Fossil fuels have allowed us to live the fantasy of a life apart from nature. But the response from the earth, though slow in coming, says there’s no such thing as a one-way relationship, and you were never the boss! We could see this as a cosmic demotion—or as a gift.”

But we do have many victories to celebrate, including Shell’s decision this week in the face of strong opposition from environmentalists to withdraw from arctic drilling…China’s major reduction in coal development and initiation of carbon cap-and-trade—due to public pressure even in that repressive society—when only a few years ago a new coal plant was opening every week…the 400,000 new jobs Germany has created in shifting 30 percent of its energy from fossil and nuclear to solar and wind (to name a few). “As I talk to people, the biggest problem is that they think they can’t win. But we are winning, as part of a global movement.

And just as the shock of the Great Depression economic collapse created space for New Deal social reforms, so the climate catastrophe, coupled with the current collapse of fossil fuel prices, with the price of a barrel of oil plummeting from $100 to $50 in three months,  could catalyze transformation: “integrated holistic solutions and a road map. There’s a progressive tradition of using these shocks to build….a moment where we can do things that weren’t possible before. We can shut down bad projects and bad policy. We can win a moratorium on all arctic drilling. It’s easier to bring in a bold progressive carbon tax…the political goal has to be a polluter-pays principle…the mostr sustainable route is weaving together the yes and the no.” She delighted in recent progressive electoral victories in Alberta (long controlled by tar-sands-loving right-wingers) and in the UK, where the Bernie Sanders-like Jeremy Corbyn has just become head of the Labour Party. Also in Alberta, she took hope from a conference that brought together union miners from the tar sands, environmentalists, and many other sectors and emerged with a progressive manifesto.

Before a brief Q&A, she closed her formal presentation with a clarion call to optimism AND action:

We need to move from a society based on extraction to one based on caring, including a guaranteed annual income. Caregiving jobs are climate change jobs. We must expand the caring economy and contract the careless economy. 2016 is a leap year; we add a human-created day in deference to the earth’s rotation. That’s an increased opportunity to build a much better world. We will be told it’s impractical. But $2.6 trillion has been divested from fossil fuel.

Quoting a woman leader in Nauru, a tiny Pacific Island being lost to climate change after a catastrophic history of exploitation by First World economies (Klein chronicles the sad tale in This Changes Everything), she continued,

“If politics are immovable, let’s change the politics.” Now is not the time for small steps. Now is the time to leap!

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corroded tailpipe (not a VW; for illustration purposes only)
corroded tailpipe (not a VW; for illustration purposes only)

This may be a new low in business ethics: Volkswagen got caught fitting more than 500,000 diesel vehicles with a device that senses emissions checks, and only fully enables its pollution control systems when the emissions check is being done!

What does that mean? Hundreds of thousands of vehicles “partying like it’s 1959,” belching unmitigated particulates into the air that you and I breathe. There were no emissions requirements at all in 1959, in case you were wondering.

This is outrageous! In addition to the recall and the fines, I think this is grounds for a widespread boycott. Being not just lied to but poisoned by a major company that pretends to care about the environment is not acceptable behavior. We as consumers need to stand up and say, ‘ENOUGH!”

And we consumers have power. There’s a long and honorable history of boycotts sparking change in corporate behavior. Just ask Nestlé.

The above link is to the New York Times article, but this act of deeply purposeful criminal fraud is all over the news media. This link goes to a Google search for “volkswagen defeat device emissions.” As of 6:09 p.m. Eastern on Friday, September 18, Page One results include stories in NPR, the Washington Post, and USA Today in addition to the Times.

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Brilliant article in Yes Magazine by Mistinguette Smith: “6 Strategies to Make Powerful Social Change—Starting With “Stay Woke.””

One of the points I make when I give my “‘Impossible” is a Dare (NOT a Fact)” talks is that every one of us has the power to be an agent of change. For every Count Leo Tolstoy (born into wealth and privilege and used his position to work for social change), there are dozens if not hundreds of Martin Luther Kings, Gandhis, and Mother Teresas: ordinary people doing extraordinary things. Most meaningful social change gets accomplished by ordinary people, especially when they organize and work together. I personally started the movement that saved our local mountain. Bree’s courage and power are the norm, not the exception.

I’ve often heard very successful people get asked, “How did you do _____ before you were _______ (the successful person’s name, emphasized)? Even with my own rather limited fame, I’ve been asked “How did you save the mountain before you were Shel Horowitz?”

Here’s what they’re missing. What turned me from Shel Horowitz, self-employed marketing consultant working out of a farmhouse, to Shel Horowitz, locally famous saver of mountains, was going out and starting the movement to save the mountain. It was the doing that created the fame.

Yes, I did have the marketing skills to leverage that and eventually build a brand around profitability consulting for green and socially conscious businesses. Yes, I had the writing and research skills to create a body of work that attracted a major publisher and a celebrity co-author for my eighth book, Guerrilla Marketing Goes Green. Yes, I created enough leverage from that book to be able to do my 10th book, Guerrilla Marketing to Heal the World, comes out in March, with endorsements by Jack Canfield, Seth Godin, the founders of BNI and GreenBiz.com, the author of The New Rules of Green Marketing (among others), and essays from the authors of Unstoppable/Unstoppable Women and Diet for a Small Planet. I grabbed the opportunities to make more of a difference in the wider world, and not just my own community. But just because I made those opportunities happen doesn’t mean they weren’t available to others.

Social change can be based in very small actions. The backstory about Mistinguette Smith’s article is that her editor wanted to ditch the phrase in the title, “Stay Woke.” Mistinguette brought that discussion to Facebook, and that may have been why she eventually won the argument. But the key element to making the change is mindset. This is how I heard about her article before it was published, and how I knew it was published and could read it.

To accomplish positive social change, I think we need two things: one is the sense that we can make a difference and the willingness to try—something any of us can achieve.

The other is the motivation to achieve a higher good than simply obtaining power or profit.I’d even go so far as to say the need to make the world better is a basic human drive, just like food or shelter or sex. If we’re not doing this in some small way, we don’t feel complete.

Let’s look at the difference between two ordinary men who led their countries out of apartheid: Nelson Mandela in South Africa, and Robert Mugabe of Zimbabwe (formerly called Rhodesia). Both were hailed as liberators originally. Mugabe, a teacher and prison-educated lawyer, turned out to be a brutal thug, a dictator motivated by the desire for power and wealth.

But Mandela was clearly motivated by a desire to heal his suffering country. His actions were all about unity and reconciliation. He will be remembered as a hero to the end of time.

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Justice Sonia Sotomayor works the crowd (Photo by Shel Horowitz.

By Shel Horowitz

Justice Sonia Sotomayor works the crowd (Photo by Shel Horowitz.
Justice Sonia Sotomayor works the crowd (Photo by Shel Horowitz.

Yes, you can be a United States Supreme Court Justice and still keep your humanity. In an hour and a half of Q&A at the Springfield Public Forum in Springfield, Massachusetts, Justice Sonia Sotomayor not only kept her content humble and hopeful, but did her best to make herself one with the audience.

She answered the first question from the stage, but then left her comfortable armchair, announced that she wanted to make herself more accessible to the people at the far corners of the room, pleaded with the audience not to do anything that would make the Secret Service agents too nervous to let her wander, and then answered all remaining questions while walking around the room shaking hands and getting photographed—and leaving the moderator (another female judge) gaping and wondering where her speaker was at times. I’ve certainly seen speakers mingle, but I’m not sure I’ve ever seen one who spent virtually the entire speech mingling. It’s especially remarkable in a government official; most of them stay firmly behind their podiums, clinging tightly. I can’t imagine Hillary Clinton doing that. But Sotomayor is like that; she spent her first weeks at the Supreme Court not just boning up on the then-upcoming Citizens United case but also visiting the far corners of the building and greeting the staff. She claims to be the first Supreme Court Justice to visit the telephone operators up on the third floor.

Hillary also probably has help writing her books. Sotomayor–like President Obama–writes her own, even as she acknowledged that writing didn’t come easily to her until a college mentor observed that she was thinking in Spanish (her first language) and translating.

Like Sotomayor, I grew up poor in the Bronx (and actually fantasized about becoming a social justice lawyer and eventually, a Supreme Court Justice—though I love the career I chose instead). And I was thrilled to hear her say things like:

  • “I wanted to write a book that would give people hope…if I [the child of an immigrant alcoholic, raised in the tough housing projects of New York] can do it, so can you.”
  • “Squeeze as much as you can out of every day. Give to others. Don’t take a moment to not live life at its fullest.”
  • “Affirmative Action was a door opener for a door that had been closed to people of my background. Many institutions like to do the same thing over and over. But that success formula excludes certain people. The question is, what did I do with that opportunity? I wanted my career to be a bridge between my community and the wider society.” She noted that others had been given similar opportunity but chose not to make the most of it.
  • “As a prosecutor, I learned how to seek justice not just for society but for the defendant.
  • “Every mentor has made a positive mark on my life, and I hope that I have for them.”
  • “Accept your limitations and your strengths.”

Surprisingly, when asked where in her career she had the most fun, she didn’t hesitate to respond “as a trial judge. Every day, you’re surprised! When I retire from the Supreme Court, I want to go back to it.” She misses the human contact with the plaintiffs and defendants, who are generally not present in appeals or Supreme courtrooms.

When asked why the greatest legal minds in the country have so many split decisions, Sotomayor pointed out that this is part of the Supremes’ mandate. “The case wouldn’t come before the Supreme Court if the answer was clear. We don’t take cases unless there are disagreements in the Circuit Court decisions. That’s why we have 5-4 decisions. It doesn’t mean that the four are wrong, but that the five thought another way. Some people say [the split decisions lessen their faith in government]. I hope the split means you have more faith in the government, because if everything is 9-0, we’re not taking the care we need to. And if there’s a [written] dissent, at least somebody heard you.”

Dissents, for her, are also cause for optimism. “We can write our dissents and hope to influence Congress or a future Supreme Court decision. You have to feel optimistic that things can change. You have to hold that hope, so you can let go” and accept being on the losing side. “I remain optimistic, despite what’s happening in Congress right now.

And she asks each of us to take responsibility, to do our part for a better world, even if it’s as simple as casting a vote or calling a loved one. “Whatever you do, do it with passion and caring. Not voting is the greatest act of being a traitor. What counts is caring enough to make your voice heard. Every day, I try to become a better person, a better Justice. How many of us forget to call a friend who’s sick or suffered a loss? Every day I try to remind myself that the world doesn’t revolve around me. Every night before you go to sleep, ask yourself these two questions:

  • What have I learned that’s new today?
  • What good have I done today?

“If you can’t answer those two questions, don’t go to sleep. Send someone a [‘thinking-of-you’] email. Go on Google and learn about something.

Known as a Justice who asks a lot of questions during oral argument, Sotomayor was asked if she often changed her mind based on the lawyers’ responses to the Justices’ questions.  And she said that she changes her thinking based on the oral argument, though not necessarily her vote, about 20 percent of the time. To future lawyers in the largely student audience, she advised, “Be happy when we ask questions. We engage you in engaging us.” But she said often, the real benefit to her in oral arguments is from listening to the questions of her colleagues. “I see what road they’re going down, what they’re thinking.” The Justices don’t discuss cases before oral arguments, so these are the first insights she gets about a case’s direction.

In the past, the Court was a very contentious place, with some Justices not speaking to each other for years. That changed, she said, when Sandra Day O’Connor (the first woman Justice, appointed by President Reagan) came onboard. She insisted on building collegial relationships, through instituting several changes including a weekly lunch. “She made a huge difference. There’s an ethos now that if someone says something they shouldn’t have, they call and apologize.”

She chose law, she said, because “I wanted to guide people into making decisions that were fair to themselves and to other people.” It was a way to help people solve problems, and it did not require singing, dancing, or drawing, didn’t require the patience of a teacher, and did not involve medicine; as a diabetic since age 7, she felt she’d spent far too much time in hospitals to want to work in one. When the moderator shot back that Sotomayor was the best salsa dancer she knew, the 61-year-old Justice said she’d taken lessons at 50, when she got tired of being the only Latina she knew who didn’t dance. She asked her mother why she’d never been taught to dance as a child, and her mom replied, “You were always outside chasing fireflies. We could never get you to be still long enough.”

Her final advice was to remember the people who helped you and to overcome your fears. “Every job I’ve had, every obstacle I’ve overcome, I’ve been afraid. None of us gets anywhere in life without the help of others. Nobody accomplishes alone. We are each of us blessed with the good and the bad I hope each of you can appreciate the blessings in your world.”

Note: material in quote marks and not in brackets are as accurate as my notes, memories, and ability to decipher my scrunched handwriting allow (I had no paper so I was writing on the backs of business cards). I apologize for any transcription errors I may have made. Material within square brackets is paraphrased.

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