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Esther J. Cepeda

Esther J. Cepeda

Posted: May 25, 2009 03:00 PM

Latinos Demand Supreme Court Nominee - Almost To Their Own Detriment


Oh God, I can't wait until Obama picks already, I'm tired of the endless speculation and even more tired of the whole "Hispanics are lobbying for a Latino justice" story line.

Can we give that a rest? Do Hispanics really feel that insecure about their political clout that they want a Latino judge so badly they can taste it? Really, it's not that big a deal.

My pal John and I were talking about it last Wednesday when he proclaimed, "Are you kidding me? It's going to be a white person, that'll be on the front page of your New York Times, 'Old, White Man Appointed', if Obama's smart. He needs to pick an extremely liberal white man if he wants that person to be accepted, otherwise that Judge will spend the rest of their tenure being the person who was picked because they were black, Hispanic, or a woman."

I'd certainly hate that. Really, it wouldn't do Latinos any favor for either California Supreme Court Justice Carlos Moreno or U.S. Appeals Court judge Sonia Sotomayor to get the nod if there is the appearance that they got it because of their ethnicity, rather than their scholarship and level-headedness.

So, Latino groups, stop making it look that way. The usual Hispanic empowerment groups have been banging the "First Hispanic Supreme Court Justice" drum for weeks, but I see little upside in some of the quasi-damning statements I've heard on the subject.

Never mind the emails I get and the comments I see on Twitter and Facebook, here's a quote from current Hispanic National Bar Association president Ramona Romero regarding the "First Hispanic Supreme Court Judge" barrier not being yet broken: "It was a lack of will, a lack of commitment. It was not because of the absence of qualified candidates." This time, she says, "there is an enormous sense of urgency" behind making sure the opportunity is not lost during a Barack Obama presidency.

On Nov. 14, 2008, Romero wrote a letter to Obama urging him to "make history yet again" by nominating a Hispanic justice, thereby erasing the "unfortunate message" conveyed by a Supreme Court with no Hispanic members. "The presence of a Latino or Latina at the conference table could add a needed 'special voice' to the Supreme Court's deliberations and decisions -- a voice that can speak about the law as it affects U.S. Hispanics with the authority that only firsthand knowledge can provide."

A "special voice"? Eeewww! What does that even mean? Those are exactly the types of statements that make white people, frankly, scared that a Latino on the Supreme Court will bring a Hispanic agenda to bear on cases, rather than rule from a solid scholarship and ideology. I'm not saying that is true in anyway but... I'm telling you "special voice" sounds creepy, even to me. Obama, however, has struck the right tone for me.

"You have to not only be the intellect to be able to effectively apply the law to cases before you," Obama said today in an interview carried Saturday on C-SPAN television, according to the CNN story. "But you have to be able to stand in somebody else's shoes and see through their eyes and get a sense of how the law might work or not work in practical day-to-day living."

He wants empathy and the ability to see life from the position of the powerless. Thankfully, Obama has, at least publicly, said he's interested in the best nominee regardless of what adjectives can be placed before their name. "[I don't] feel weighted down by having to choose ... based on demographics," Obama said Saturday.

Well, thank goodness for that.

According to a recent CNN story, "Hispanic groups quietly press for supreme court pick," leading Hispanic groups have been careful not to create the perception they're demanding a Latino be nominated, nor that they are seeking direct political payback for their election support.

Yeah... well, that's not how I'm seeing it. From mass chain emails, to Latino authored op-eds in Southwest newspapers, to morning Spanish-language shock jocks, some people are not simply rooting for a Hispanic nominee, but rather, ready to blow their stack if they don't get one.

For a voting bloc anxious to make real progress on immigration law reform, this is not the best battle to choose. Not this round anyway.

To these people I say: take a deep breath, trust the guy you take so much credit for getting elected in the first place, and may the best man or woman Supreme Court Justice candidate win.


Esther J. Cepeda is an opinion journalist who writes about Hispanic/Latinos issues and much, much more on www.600words.com

Oh God, I can't wait until Obama picks already, I'm tired of the endless speculation and even more tired of the whole "Hispanics are lobbying for a Latino justice" story line. Can we give that a rest...
Oh God, I can't wait until Obama picks already, I'm tired of the endless speculation and even more tired of the whole "Hispanics are lobbying for a Latino justice" story line. Can we give that a rest...
 
 
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LMPE
I connect the most dissimilar things
02:11 PM on 05/26/2009
More than anything, I had always hoped that Obama would nominate the person who would most rile up the extreme right. It appears that he's following through with that: already Michelle Malkin has said something racist about Sonia Sotomayor.
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NABNYC
01:16 PM on 05/26/2009
I'm glad it's a woman, regardless of race or ethnicity. Women represent over 50% of the people in this country, and should and would hold 5 of the 9 Supreme Court seats if it was not for the intentional exclusion of women from the legal profession. Of course Hispanics have been excluded as well, along with pretty much everyone other than white men.

Where I practice law, they hold women to under 20% of the judge positions, and fill all the other seats with white men, often not very qualified ones. Being white and male is the primary criteria for opportunity in the legal community in this country. Therefore, seeing anyone who is not male get opportunity is a terrific thing.

But actually, I think we'll see today that this whole umbrella term "Hispanic" is a misnomer, because this woman is Puerto Rican. The Mexican-Americans are the majority Hispanics, and wanted a Mexican-American to get the nod. Honestly, Puerto Ricans and Mexicans have zero to do with each other: different history, culture, music, food. Everything is different except the language. But I guess we'll see.
10:39 AM on 05/26/2009
i don't care that Sotomayer was nominated. it would not have mattered to me at all whether or not a hispanic was nominated or not.
all that matters is the kind of job she will do if she makes to the bench.

hispanics are not a monolithic group. we don't all have the same views.

i for one do not like affirmative action. i don't want people thinking i got were i am because of special treatment.
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10:22 AM on 05/26/2009
Not quite... it worked.

Sotomayer, ju go girl...!
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hjo4
you can go with this or you can go with that
08:32 AM on 05/26/2009
President Obama will select Judge Sonia Sotomayer for his Selection. Relax my Latino friends she's the first.
10:32 PM on 05/25/2009
Those who follow the politics of the Supreme Court ,indicate that Obama might have upto three nominations during his administration.

Their are three to four Latinos on that list, one African American and even an Asian American, This is Obamas chance to really make a "CHANGE" and leave a legacy of three exceptionally qualified people of color, a Latino, African American Women and an Asian American, all are already on the short list any way.

Thier are already 8 white justices on the Supreme Court, I dont see the need to put one more on the bench, what for?

That is real change!!
iridium53
Semper Fi
07:39 PM on 05/25/2009
Hey, Latinos had an Attorney General.
How did that work out?

African-Americans have Thomas.
How's that working out for them?

Gender, race and ethnicity doesn't seem to be a good determinant of ethical representation of society, does it?

Obama should pick the best person for the job - man or woman, ethnicity undefined, whoever.
Someone who will be able to stand up to the Roberts and Scalia.
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IsobelDeBrujah
07:23 PM on 05/25/2009
How about we all hope that the President picks the best person for the job regardless of race or gender and stop pretending that choosing someone for a job based on their demographic is anything other than racism or sexism?
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Dupree
Speaking Truth to Lies
12:47 AM on 05/26/2009
I am sure that President Obama can find a person of impeccable character and integrity in a minority group. It is important that the highest court in the land have diversity for the cases that will come before them will be reflective of the nation ...which is diverse. This should be a secondary issue for the major and first issue at hand must be a person that is qualified and capable of executing the serious duties as a Supreme Court Justice. Although I do not appreciate any particular group of people demanding that "their" race or creed or gender be selected for I think that is a bit overbearing. I think President Obama has good judgment and that he will select the most qualified for this position and because I know that integrity and character is not limited to one set of people or gender....I suspect it will ultimately be a woman of color whether African American, Latino or Asia. It is all good.
06:09 PM on 05/25/2009
Mira, latinos son Americanos. Tienen el derecho a vivir como otros Americanos. ?Por que nosotros no tenemos nada latinos sirva en la Suprema Court?
Look, latinos are Americans. They have the right to live like other Americans. Why don't we have any latinos serving on the Supreme Court?
Tenemos el deracho.
We have the right
?Para que esperamos?
Why do we wait?
Nositros somos Americanos.
We are Americans.
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poliscibabe
Another Patriot supporting Pres. Obama
09:01 PM on 05/25/2009
Larry - Women (who are Americans) waited over 200 years, African-Americans (who are Americans) waited over 150 years - while I absolutely understand your sentiment (I am African-American) I would remind you that some of the most important Supreme Court decisions involving African-American civil rights were decided by a court of White Males. What we should be looking for is a Jurist who is qualified and can see how a literal reading of the constitution and current laws may not equal the right thing for our country at this time. I know it's probably politically incorrect of me to say - but -I think that those of you who believe that this is your time for a justice are not being realistic about what is the best thing for your interests.
05:02 PM on 05/25/2009
I really want a women to be chosen, but sorry "Not A White Women", that is not true diversity, another white women is just another white person, what we need is diversity that represent not only race and ethnicity but experiences of modern America,

How does putting a white women on the bench diversity? It is not!

Can she relate to the struggles and perspectives of people of color in this country, "NO" she cant!

Sorry, but what we need is a person of color on the bench and if it's a women even better!

To nominate another white person even if it's a women, along with the other 8 white judges already on the bench and call it "diversity" is INSANE.
04:41 PM on 05/25/2009
Maybe it's not politically correct to ask this, but what happened to appointment based on a full spectrum of qualifications? What's all this filtering based on race, gender, sexuality, etc? Isn't that what happened with Alberto Gonzales, and look how that went...
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Dupree
Speaking Truth to Lies
12:54 AM on 05/26/2009
I try very hard NOT to be political correct for it does not lend itself for open honest dialogue if one feels as if they must walk on landmines in between sentences. I would like to make a suggestion though....please do not overlook the importance of having a qualified woman on the bench....it will bring a very special dynamic to the judicial process....for as much as we like to holler equality and pretend their aren't any difference...there are fundamental differences in how women think versus men. And since this is a diverse country...it would be effective to have a person of color in that position. I would also state that I do not think the color of their skin or the gender should be the first criteria but I do know that there are a lot of qualified woman of color that fit that profile and we should not assume because they are of an ethnic group...that somehow they will not be qualified and yet we never ask that question regarding the selection of white men over decades who were automatically affirmed and selected for these positions. Yet no one ever questioned whether the 'white male only " unspoken rule violated the qualifications code...so it would do well if we do not make those assumptions with these selections either.
04:40 PM on 05/25/2009
It would be high time to reestablish some political equilibrium in the supreme court. Why are they elected for life ? A term of 5-10 years would be enough.