Supreme Court Resignation
Elevates Hopes for a Latino Nominee
Alma Dalia Rojo

Latino groups and legislators are closely watching the Sturm und Drang surrounding the selection of a replacement for retiring Supreme Court Justice Sandra Day O'Connor, saying they want to ensure that a potential nominee, if not Latino, is at least mindful of the issues concerning the community.

Rep. Linda Sánchez (D-Calif.) says the appointment of a Latino would be historic but, "the most important thing is not the ethnicity of the nominee, it's what does their record reflect in terms of how committed are they towards preserving the civil liberties and civil rights that Hispanics have achieved and are they going to use our system of justice to try to help lift that community up," she told Hispanic Link News Service.

An unofficial list of potential candidates has been circulating around Washington which includes several Hispanic names, such as Attorney General Alberto Gonzáles and Fifth Circuit Court of Appeals Judge Emilio Garza. The list continues to grow and includes 10 names suggested by the Cuban-American and the Hispanic National Bar associations.

For the first time in 30 years, Latino legislators will have the opportunity to vote for a Supreme Court nominee, with Sens. Mel Martínez (R-Fla.) and Ken Salazar (D-Colo.) as the first Hispanic members of the U.S. Senate since 1975.

Martínez and Salazar declined to comment on any specific potential candidates, but stated their support for a "fair" process of appointment.

"I believe it is critical that the process going forward be fair, devoid of political assassination, and conducted with fairness and finality," Martínez stated.

His Democratic colleague added, "It is my hope that the President will follow through with his pledge to consult with the Senate to ensure the selection of a nominee that Coloradans and the nation can welcome and be confirmed with strong bipartisan support," Salazar said.

Douglas Abrams, a University of Missouri constitutional law professor, called the possibility of a Hispanic justice among "the finest American tradition" of firsts, recalling Louis Brandeis as the first Jewish justice in 1916, Thurgood Marshall as the first black justice in 1967 and O'Connor as the first female justice in 1981. "When you are 'first,' you are a role model and that is healthy for America," he said. "If the President does not appoint an Hispanic man or woman this time, he will likely do so soon. He certainly has a number of qualified names to choose from."

Experts speculate that President Bush could "save" the so-called Hispanic seat for the expected retirement of Chief Justice William Rehnquist. However, others say the attorney general's proximity to the president may work to his advantage now.

Gonzáles is endorsed by the League of United Latin American Citizens, because of his "outstanding qualifications, experience and judicial temperament," LULAC President Héctor Flores said. "(He) will be a fair-minded jurist who will apply the law in keeping with our great American traditions and review each case on its merits."

However, conservative groups have criticized Gonzáles as "too moderate" for the Bush administration on several issues, including abortion and affirmative action, attacks that the president himself has called "unfair against a great friend."

Democrats, including Senate Minority leader Harry Reid, have said that the criticism reflects the "right-wing efforts to overturn the Latino community's progress over the years."

As the two sides compete for the stronger position, conservative and liberal interest groups may engage in the most expensive nomination fight in the nation's history with an anticipated expenditure of up to $100 million in television ads and other lobbying efforts.

"We're seeing such political divisions that are sometimes very profound and I think what we have in common as Americans is more important than what divides us," Mari Carmen Aponte, spokesperson for Hispanics for a Fair Judiciary, told Hispanic Link News Service. The HFJ is a coalition of Hispanic civil rights leaders and groups.

Aponte and others say they would like to see a nominee that reflects O'Connor's moderate views. Unanimously approved by the Senate in 1981, and on the bench for 24 years, O'Connor was the key swing vote on a number of issues, including affirmative action, voting rights and bilingual education.

After the president announces his nominee, the Senate Judiciary Committee will discuss it before sending it to the full Senate for a final vote. An announcement could come as early as this week.

SIDEBAR

Potential Hispanic Nominees

José Alberto Cabranes
Raoul Cantero
Julio M. Fuentes
Emilio M. Garza
Alberto R. Gonzáles
Víctor Marrero
Carlos R. Moreno
Federico A. Moreno
Edward Prado
Sonia Sotomayor

Capitol Hill Editor Patricia Guadalupe contributed to this story.

(Alma Dalia Rojo is a reporter with Hispanic Link News Service. She can be reached at: AlmaR@HispanicLink.org)

© 2005, Hispanic Link News Service
07/17/05
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