Hispanics push Obama for a Supreme Court seat
There's never been a Hispanic on the high court though they're 15 percent of the US population.
By Linda Feldmann | Staff writer/ May 8, 2009 edition
Reporter Linda Feldmann discusses the emerging political power of Hispanic Americans and their push for a Latino nominee to the US Supreme Court.
Reporter Linda Feldmann
Washington
The Congressional Hispanic Caucus was so eager to see President Obama nominate the first Hispanic to the US Supreme Court, its top leaders sent a letter urging him to do so two days before Justice David Souter announced his retirement.
A spokesman for the caucus says the timing of the letter is a coincidence. But the sense that this is the Latino community’s “moment for justice” is not.
Various groups are agitating for Mr. Obama’s attention as he contemplates his first high-court vacancy – and the first for a Democratic president in 15 years. Gay rights groups are putting spokespeople on cable TV, arguing for the first openly gay justice. Women’s groups say that having only one woman on a court of nine is woefully inadequate. And Hispanics argue that they’re long overdue for a Supreme Court seat, noting they now make up 15 percent of the US population.
Hispanics supported Obama last November over GOP nominee John McCain by more than 2 to 1 – 67 percent to 31 percent – after backing then-Sen. Hillary Rodham Clinton over Obama in the Democratic primaries by a similar margin.
“This notion that Latinos would not vote for a black candidate turned out not to be true,” says a Latino activist. “They supported Obama enthusiastically last November. Now I think the community overall feels that [a Supreme Court nomination] is owed to them.”
One name floated since long before Justice Souter’s announcement is that of Judge Sonia Sotomayor of the US Court of Appeals for the Second Circuit, who is of Puerto Rican descent.
Rep. Nydia Velázquez (D) of New York, chairwoman of the Hispanic caucus, put out a separate statement after Souter’s announcement on May 1 noting that there are “a number of qualified candidates,” but citing only Judge Sotomayor by name.
Of all the names mentioned thus far, Sotomayor seems to have the largest social network organized on her behalf. The Facebook group “Sonia Sotomayor for US Supreme Court Justice” has more than 1,500 members.
Part of the swirl around Sotomayor stems from critical coverage she has received, including a parody of her that aired earlier this week on CBS’s “Late Show with David Letterman,” which some analysts saw as including racist and sexist stereotypes.
Perhaps more damaging to her prospects is a videotape that has surfaced of remarks she made at Duke University in 2005, when she said the “Court of Appeals is where policy is made.” Then she caught herself: “I know, I know this is on tape, and I should never say that.” Conservatives are highlighting the comment as evidence she is a “judicial activist,” seeking to legislate from the bench.
Hispanic groups eager to see one of their own reach the court suggest several women. In addition to Sotomayor, they mention Maria Rivera, who serves on the US Court of Appeals for the First Circuit; Vanessa Ruiz, from the D.C. Court of Appeals; Martha Vasquez, from the US District Court in New Mexico; and Kim McLane Wardlaw, who serves on the US Court of Appeals for the Ninth Circuit.
But if Obama seriously pursues his goal of nominating someone from a “nontraditional” but high-profile background – i.e., not a sitting judge – potentially qualified Hispanic women are harder to find than Hispanic men. Some men who have been mentioned include Interior Secretary Ken Salazar and Sen. Robert Menendez (D) of New Jersey.
For Obama, the push to nominate a Hispanic justice carries risks.
“If he moves to nominate a Latino, that will definitely generate interest and excitement in the Latino community,” says Matt Barreto, a political scientist at the University of Washington in Seattle, who just conducted a national poll of Latino voters showing 81 percent job approval for Obama. But if that nominee does not make it to the court, “there could be a let-down.”
Mr. Barreto’s poll shows that the top issue of concern, by far, for Latino voters is the economy (56 percent), followed by immigration reform (12 percent). Gaining a seat on the Supreme Court does not appear on the list, though the poll was taken before Souter’s retirement was announced.
If Obama is concerned about maintaining Hispanic support for a reelection bid, improving the economy and pushing for comprehensive immigration reform would take priority.
But, says Brent Wilkes, national executive director of the League of United Latin American Citizens (LULAC), “if the economy doesn’t turn around, immigration stalls, and he doesn’t put a Latino on the Supreme Court, I can see an outright problem for him come the next election cycle.”
For now, though, Mr. Wilkes is happy with the kind of access Hispanic leaders have to the Obama White House, though he is reluctant to discuss the full list of potential justices he’d like to see considered. “The Obama administration doesn’t seem to like to have stuff aired publicly,” says Wilkes.
Gabriela Lemus, president of the National Hispanic Leadership Agenda, believes the Hispanic community has come a long way in understanding the value of judicial representation.
“People know judges can’t just be brown; they need qualifications and sensitivity to the challenges facing the Latino community,” she says. And, she adds, the need goes far beyond the Supreme Court: Only 4 percent of all federal judges are of Hispanic descent.
Comments
2. Luiz J Santana | 05.08.09
Respect to the news above, do please allow me - in a Latin quality, though not US citizen (I am brasilian)- to say I am very concerned about those voters who intend to receive some sort of ‘political payment’ for voting and/or supporting any kind of elected politician.
Really, I hope Latino USers will be comprehensive about such political gesture… After all, the whole issue should never include any kind of favored retribution, for the single fact of a vote or support! Luiz Santana_friday, 8/5/2009-12:16PM.
3. ToeKneeF | 05.08.09
I would hope that latinos and blacks would support the president’s choice of the BEST candidate for the job regardless of sex, race, or ethnicity. The BEST female candidate for the SCOTUS is Pamela S. Karlan. Her long and distinguished record BEFORE the bench arguing for the poor and indigent makes her the ideal candidate for this position.
I have to wonder what President Obama’s advisers are smoking when a political hack like Robert Menendez is mentioned as a possible nominee. He has done little to distinguish himself as a Senator and I doubt he has sufficient intellectual gifts to serve him as a Supreme Court Justice.
4. Dave | 05.08.09
If a Hispanic justice is appointed, will all the legal opinions have to be duplicated in Spanish?
5. Fernando Huerta Sr | 05.08.09
I agree with the Latino push for The Supreme Court! This is a perfect time for President Obama to take lead and show America that the time has come to show Real Change and pick a Latino. We, as people and citizens of this great nation, also have Inteligence, Experience, Patience, and Wisdom. The never ending desire to acheive thru education, community volunteerism, helping people on the way, and daring to live the dream knowing that all men are created equal.
6. Paul Sedan | 05.08.09
Whatever happened to selecting someone who has a keen judicial ability and is able to make impartial judgments based on the merits of a case. The judicial is supposed to be a counterbalance between the executive and legislative. I hope Obama makes his selection based on quaities, not on race, ethnic group, gender, etc.
7. Lee | 05.08.09
What?! Since when do we select Supreme Court Judges based on race, or gender, (disabilities, sexual orientation, religion etc) instead of the actual abilities?! I mean, ok, affirmative action is OK, but doing affirmative action and pretending we have some mysterious quota to fulfill (aka “there has never been a Hispanic candidate, so there *should* be one just because”) when it comes to position that high up?! That does not make any sense.
I agree with ToeKneeF: “I would hope that latinos and blacks would support the president’s choice of the BEST candidate for the job regardless of sex, race, or ethnicity.” Whoever that might be.
9. Citizen Truth | 05.08.09
Wanting a certain race on the Supreme Court is racist.
And furthermore, what if we end up with a Hispanic like Alberto Gonzalez… the very worst, most pathetic Attorney General ever to exist in America.
10. Elaine Jones | 05.08.09
We are losing a great Justice and hopefully only to replace with another great Justice. I have taught Government to Seniors in High School many years. Mrs Martha Vasquez has shared her brilliance with my students. Yes, she is Hispanic but more, she is brilliant.
11. jebbeh | 05.08.09
how about we shift our focus to having judges –at all levels– who reflect the demographic of the United States?
also important is that our judiciary knows the issues and communicates well with those who come to courts, both criminal and civil.
I love old white men, and I want to see more women and minorities wearing robes. I would appreciate any ideas of organizations with missions like this.
thank you
12. HaroldsMind | 05.08.09
No more extortion votes. The habit of political corruption has been imported from Mexico: “We invaded your country, voted in your president, now reward us!” is just wrong. These folks are lawbreakers.
13. Diane D | 05.08.09
I agree with Paul and Lee.
There is a reason for the blindfold on the statue of justice, the law on the books matters not an opinion. The law should not be tainted with bias as to race, wealth or national origin. In the law, one size fits all.
The best fit for the Supreme Court would be somone who believes in the Constitution.
14. Jason Stone | 05.09.09
I agree with James (comment #1).
We have term limits in Australia’s High Court (equivalent to the US Supreme Court), and it works quite well. So well in fact that judicial appointments barely rate more than a mention in the media or political circles - certainly not the apoplexies of the US system…
15. Itzcoatl | 05.09.09
Hispanics are 15% of the US population, with a disproportionate percentage serving in the US armed forces, especially the US Marine Corps.
It’s time to acknowledge the contributions of American Hispanics to the nation and place a Hispanic person on the US Supreme Court.
Judge Sonia Sotomayor would be an excellent choice.
16. Kevin | 05.09.09
It’s really sad that some people are obsessed with race. The same people that lecture to the rest of society about how we shouldn’t judge people on how they look, are the same ones that are pushing the race based selection of the next Supreme Court Justice.
Quotas are based on numbers of a certain race. Example, this many positions, and “so many blacks, so many women, so many hispanics, so many asians”.
Never, and I say never, do theses people ever want to leave race out of the discussion, because race means more to them than anything. For them, race comes first, qualifications come second, and they can’t deny it.
How about a new idea. How about a qualified Judge that follows the United States Constitution, and doesn’t have a narrow minded race based view of the Country.
17. M. Costellanos | 05.09.09
The court is suppose to be a place where ideas embedded in laws are placed against the facts that are presented in front of them. It is a sad day that our nation travels backwards when we determine someone’s ability to serve the most important judicial function in this country by someone’s ancestory. I believe racism (the idea one’s “race” makes us different from other races) and laziness drive this. It is much easier to judge someone by the color of their skin than by looking into their judicial record. How many of the 1,500 supports have spent more than 30 minutes looking into any of possible candidates? Do any of the 1,500 supporters even care what type rulings the candidate has made? Is all they see the color of her skin?
18. Jacob | 05.09.09
Any hispanic, black, asian, or white members of the judiciary are where they are now because of their commitment to uphold the Constitution. To decide a Supreme Court nominee among any of them out of ethnic considerations would be a disservice what they do.
19. adelita | 05.09.09
I am a Latina offended by these racist “Hispanic” groups out there pushing for a Latina. Shouldn’t qualifications matter most? Democrats and liberals in general are truly the racists not the GOP.
20. Sophie | 05.10.09
I am not Latino. I support Sonia Sotomayor for SCOTUS because we need a mind like hers on the Court.
It probably won’t happen since it would require a display of courage and conviction on the part of the President.
21. Marion E. Dawson | 05.10.09
I would hope that the choice President Obama makes For Supreme Court Justice
will be on intellectual excellence in past performances, not necessarily judicial, empathy as he stated as priority, and not a choice based on gender,
political persuations, race. All this discussion about a Latino, an African American,male or female veers away from the primary consideration of an impartial flexible mindeset for an applicant who will serve for a lifetime.
22. Bobby | 05.10.09
I don’t support Mexicans in any position of high authority. Why? Because all most of them are focused on is their own race, as proven time and again by the hispanic politicians in bankrupt,California. The citizens of the United States cannot and should not, morally, by obliged to pay for the poverty of a nation like Mexico, which is RICH, but too corrupt to take care of its own citizens. That is my opinion, anyway, if an American is still allowed to have an opinion.
23. Loren Christian | 05.12.09
The most salient quality of a judge is not race, creed or color. It is however, honesty and the willingness to serve the public and not just themselves. Sonia Sotomayor has much to answer for. In particular, she needs to explain why she did little or nothing to discipline a judge she supervised. The judge she was supervising in her decisions would misstate facts and law, disregard evidence, mislead the public and allowed other judges to do the same thing. The judge she supervised would also rule on cases where she had business dealings with the litigants that went sour. If Sonia Sotomayor cannot explain her indifference to her duties as judge, she won’t be eligible to serve on our nation’s highest court.
24. Philip Ervin Roberts | 05.17.09
If the desire is to reflect American society then we must look at how the court is now. The Court has always been a reflection of the society that the President and Congress at that time in history saw society. There are 9 married members when more Americans today are single. There are 8 white members when whites only make up 1/2 of America. There are 8 male members when over 1/2 of Americans are women. There are 5 Catholics when Catholics make up less than a 1/4 of America.
There are 9 justices so only 2 should be Catholic, 4-5 should be men and 4-5 should me married and 4-5 should be white. Therefore President Obama should NOT nominate a white person or a Catholic person and possibly not a married person. Most Hispanics are Catholic. 2 of the Catholics are Italian Americans so that may cancel out any Hispanic nominee due to religion and yes religion is a factor as there was once a Catholic “seat” on the court just as there was a “Jewish” seat, a Southern “seat”, a New York “seat” and a Western “seat”.
Where are the Buddhists on the court? Where are the Hindus on the court? Where are the Mormons, Jehovah Witnesses, and yes, the Muslims? Where are the Native Americans, Japanese Americans, Chinese Americans and the Vietnamese Americans?
President Obama must change the Supreme Court and break the monopoly of Northeastern members on the Court. Of the 9 there are only 3 that are from other areas of the nation. They are from Illinois, Georgia and California.
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1. james | 05.08.09
Thoughful observers have suggested that term limits for Justices would reduce the angst generated every time a president is called upon to make an appointment.