Posted on 03/03/2003 2:08:57 PM PST by Utah Girl
On May 9, 2001, President Bush nominated Miguel Angel Estrada to serve on the Circuit Court of Appeals for the District of Columbia. This nomination has made national headlines because Democrats are refusing to allow the entire Senate to vote on Estrada because the Republican-controlled Senate will approve the nomination.
Democrats continue their filibuster, arguing they have a constitutional duty to "advise and consent" on a nominee's fitness for duty, regardless of the time it takes. But there is much more to this nomination than just politics, and both sides know it.
Estrada immigrated to the United States at age 15 from Honduras. Jesuit educated, he was soon admitted to New York's Columbia College. Graduating with honors, he was accepted to Harvard Law School where he became the editor of the Law Review and again graduated with honors.
After law school, Estrada landed very prestigious jobs. First, he worked for a U.S. Circuit Court of Appeals judge and then was selected by newly confirmed Supreme Court Justice Anthony Kennedy as one of his law clerks. Estrada went on to serve as an assistant to the solicitor general in the Department of Justice.
On paper, Estrada is what the American Bar Association termed "well-qualified." Republicans often ignore ABA judicial ratings because they view them as liberal. Democrats historically embrace ABA judicial candidate ratings. Just the reverse is true in this nominee's case.
The D.C. Circuit Court of Appeals is universally acknowledged as the second most powerful court in the country. This court decides most issues among the federal, executive and legislative branches of government. It also interprets federal regulations and decides their constitutionality. A very powerful court indeed.
Democrats argue that Estrada has no prior judicial experience qualifying him for such an important post. This ignores the fact that only three of 18 judges to serve on this court since 1978 had prior judicial experience. The real stumbling block is that this court has been a steppingstone to the U.S. Supreme Court. Confirmation would elevate Estrada to Supreme Court caliber.
It is untenable to the self-proclaimed party of minorities that Republicans beat them to the punch in nominating a Hispanic to such a high post. Democrats had eight Clinton years to nominate a qualified Hispanic to such a lofty position and their shortsightedness has come back to haunt them.
President Bush points to the Estrada nomination as proof he is an hermano of the burgeoning Latino population. Bush knows Hispanics will be a pivotal political force in 2004 and 2008, when Florida Gov. Jeb Bush will likely be a presidential contender. Hispanic votes will make the difference in large electoral states like California, Texas, Illinois, New York and Florida.
Republicans need a firecracker of an appointment to override the fact that Estrada is the only Hispanic nominee of the 41 appeals courts vacancies Bush hopes to fill. It would also overshadow the fact that during the time Republicans controlled the Judiciary Committee most Hispanic judicial nominees were not confirmed or were substantially delayed.
The 2000 Census changed all that, and now there is a horse race to appoint the right Hispanic.
There is no question that Estrada is well-qualified and then some. There is no question that something other than qualifications has to be raised in order to deny him the nomination as well as rally troops to his defense. That other thing is his Hispanicness.
At last week's Judiciary Committee hearing, Sen. Orrin Hatch, R-Utah, founder of the bipartisan Republican Hispanic Assembly, extolled Hispanic community virtues. Before thumping Estrada, committee chairman Patrick Leahy, a Democrat, extolled "the benefits of diversity and how it contributes." The ambassador of Honduras attended the committee hearing.
President Bush gathered administration Latino appointees to protest the Democratic antics. If ability were the only test, Estrada would already be hearing cases. But all talk of a color-blind society and of "qualifications" has gone by the wayside in this showdown to determine which party is the most Hispanic-friendly.
When minority candidates are dissected, qualifications are always secondary to ethnicity, race and gender. Selectors point fingers that a minority is either too minority or not minority enough. There is argument over whether he/she is really qualified; after all, affirmative action might have played a role. And, inevitably, community groups take benefactor sides.
Estrada's credentials aren't discussed because they are impeccable, so subterfuge, filibuster and talk of Hispanicness delay a worthy nominee. Democrats should forward Estrada's nomination and then emulate the party of Lincoln. But they won't because they know what is best for the Latino community, as the condescending mumbo-jumbo goes, regardless of what Latinos want or need, or their qualifications.
Utah native Mike Martinez, an attorney in private practice, is active in Hispanic affairs. He has previously worked in the Utah Attorney General's Office, the Salt Lake County Attorney's Office and for the Equal Employment Opportunity Commission in Washington D.C.
E-mail: mmartinez@prism.net
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