Does Newt think that when LBJ appointed Thurgood Marshall, ex-head of the NAACP, to the Supreme Court, he did not think Marshall would bring his unique experience as a black man and civil rights leader to the bench?

Surely, that was among the reasons Marshall was appointed.

When Obama named Sonia Sotomayor to the Supreme Court, a woman of Puerto Rican descent who went through college on affirmative action scholarships, did Obama think this would not influence her decision when it came to whether or not to abolish affirmative action?

"I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life," Sotomayor said in a speech at Berkeley law school and in other forums.

Translation: Ethnicity matters, and my Latina background helps guide my decisions.

All of us are products of our family, faith, race and ethnic group. And the suggestion in these attacks on Trump that judges and justices always rise about such irrelevant considerations, and decide solely on the merits, is naive nonsense.

There are reasons why defense lawyers seek "changes of venue" and avoid the courtrooms of "hanging judges."