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Pressure Is on Obama to Name First Hispanic Supreme Court Justice
Law.com ^ | 12-1-08 | Tony Mauro

Posted on 11/28/2008 11:11:14 AM PST by stan_sipple

For eight years of Clinton, then eight years of Bush, Carlos Ortiz has waited. With the election of Obama, Ortiz hopes -- trusts -- he will have to wait no more to see his dream realized: the first Hispanic Supreme Court justice.

"What more unifying appointment could there be than a Hispanic justice?" asks Ortiz, who began his campaign in 1987 as a board member, then as president, of the Hispanic National Bar Association and later as chair of the Puerto Rican Legal Defense and Education Fund. "It's not just the right thing to do, but we deserve it. I can't imagine that the next appointment will go to someone other than a Hispanic."

Encouraged by President-elect Barack Obama's talk of inclusiveness, and emboldened by the importance of the Hispanic vote to Obama's victory -- two-thirds of Hispanics voted for him -- Hispanic groups are cautiously hopeful that finally the time has come for a justice with a Latino background.

Almost every list of possible Obama nominees to the high court includes Hispanics -- most notably Judge Sonia Sotomayor of the 2nd U.S. Circuit Court of Appeals. But others who are mentioned include: Judge Kim Wardlaw of the 9th Circuit (her mother was Mexican), U.S. District Judge Ruben Castillo of Chicago, California Supreme Court Justice Carlos Moreno, and even two Democratic U.S. senators -- Ken Salazar of Colorado and Robert Menendez of New Jersey.

But Ortiz and other Hispanic legal leaders are reluctant to name names themselves, not wanting to spoil their chances and also, seemingly, bracing themselves for disappointment yet again. They know that unpredictable variables of timing and politics can turn a sure-bet candidate -- or ethnic group -- into an also-ran overnight.

President Bill Clinton was lobbied hard to name a Hispanic, and President George W. Bush's early list of possible candidates was heavy with Hispanic names, many from his Texas days. Ortiz met with then-Attorney General Alberto Gonzales to press the issue, but Gonzales' assurances turned out to be "lip service," as Ortiz puts it now. When the vacancies finally arose, other factors, both political and ideological, took precedence over naming a Hispanic to the high court.

"It was a lack of will, a lack of commitment," says current HNBA president Ramona Romero. "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. She is assembling a committee, including Ortiz, to contact and vet possible candidates for a Supreme Court nomination, so that "we will be ready."

On Nov. 14, 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."

John Trasvina, president and general counsel of the Mexican American Legal Defense and Educational Fund, also has high hopes. "We will have a president who understands the Latino community," says Trasviña, who notes that in 1995 Obama, then an associate in Judson Miner's Chicago law firm, worked with MALDEF on a voter registration case.

Add to that the growing number and stature of Hispanic lawyers, says Trasvina, and it will be hard to explain not appointing a Latino justice at some point. "We've got a deeper talent pool than ever before," he says.

But these leaders also point out that their goals reach beyond naming a justice with a Hispanic name or heritage. "Being Hispanic doesn't always mean that you are grounded in the culture," says Romero. Evidence of some connection with the Hispanic community, and an understanding of its culture and concerns, will be important in assessing candidates, says Romero.

Trasvina agrees. "Beyond the symbolism, there are cases where it really matters" to have a Latino perspective. For that reason he is hoping Obama will name Hispanics to appeals courts as well as the Supreme Court. Appeals courts decide a lot of immigration cases, and they also serve as training grounds for the high court. Justices David Souter and Clarence Thomas, he notes, were named to the high court after brief stints on courts of appeals.

MALDEF also hopes Obama will embrace a broader Hispanic agenda that includes jobs, health care, and civil rights. "We have evolved from focusing just on a Latino justice to focusing on justice for Latinos." Trasvina adds, "Clearly we can have both."


TOPICS: Constitution/Conservatism; Government
KEYWORDS: 111th; bho2008; bhoscotus; hispandering; hispanicvote; immigration; maldef; obama; obamatransitionfile; scotus
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To: AU72

Well we have the non-straight white male covered


41 posted on 11/28/2008 11:56:04 AM PST by stan_sipple
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To: stan_sipple

Oh, puleez, could we just be done with the quota stuff? You’d think it was 1862 or something....

And is anyone else sick to death of the huge number of black actors on tv these days? You’d think this country was 80% black. Blacks in ads, blacks in sit-coms, blacks in this and blacks in that — I feel propagandized in my own living room.

Could we just get to the point where we honor MLK’s words — “When people are judged by their character and not by their skin color.”


42 posted on 11/28/2008 12:10:29 PM PST by bboop (obama, little o, not a Real God)
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To: bboop

ask our recently retired RINO SCOTUS justice O’Connor about that.


43 posted on 11/28/2008 12:15:48 PM PST by stan_sipple
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To: Bon mots
Are there any midgets on the Supreme Court? Have there ever been?

Does Ginsberg count?

44 posted on 11/28/2008 12:19:37 PM PST by Bertram3
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To: stan_sipple

I heard of a Hispanic in California who only earns $14,000 a year and bought a home for $720,000; he sure could use a better job; he doesn’t speak English, is that a problem?


45 posted on 11/28/2008 12:26:00 PM PST by boxer21
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To: aliquando

Hispanics decided the election, going 2:1 for Hussein over Juan McAmnesty. Now comes payoff time.


46 posted on 11/28/2008 12:30:35 PM PST by Dagnabitt (What (child) Would Mohammad Do?)
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To: stan_sipple

I don’t give a darn if he names a Purple People Eater to the Court, just as long as he is a strict constructionist.

But we know that won’t happen. The first prerequisite will be justices eager to destroy the Constitution and remake the country in Obama’s image.


47 posted on 11/28/2008 12:37:05 PM PST by Cicero (Marcus Tullius)
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To: stan_sipple

What a warped world we live in - the “pressure” should be on Mr. Obama to appoint a qualified Supreme Court judge, regardless of race. But I suppose I live in some other century.


48 posted on 11/28/2008 12:40:38 PM PST by Zack Nguyen
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To: Zack Nguyen

Scalia Thomas Alito and Roberts wont live forever say good bye to the rule of law by then


49 posted on 11/28/2008 12:48:58 PM PST by stan_sipple
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To: stan_sipple

Perhaps I missed something in the news - but WHY is there pressure for Obama to nominate ANYONE to the Supreme Court? Did I miss the retirement announcement or obituary about a Justice?

Perhaps he should just go ahead and make the nomination now, get them confirmed, then have them in “hot standby” so just in case someone leaves the bench he has a ready replacement.

Or, better yet why doesn’t he just mandate an extra justice now so there will be ties? He is, after all, the messiah having come to enlighten us all.


50 posted on 11/28/2008 1:26:43 PM PST by msrngtp2002 (Just my opinion.)
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To: stan_sipple
Dr. Martin Luther King must be spinning in his grave.

"I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin, but by the content of their character."
51 posted on 11/28/2008 1:37:08 PM PST by Beckwith (Typical white person)
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To: stan_sipple

Baring unforeseen deaths, BHO will have two appointments the first term: Stevens and Ginsberg. They are the most liberal on the court. I think Ginsberg will go first - BHO will have to pick a woman and probably a Hispanic. I know nothing of Sotomayor - Wardlaw is a bit of a lightweight, but she married well.
Justice Moreno I do know well, and he would be an excellent choice, even if we d/n agree on some things - he would be a big improvement over either Stevens or Ginsberg. If all BHO does is replace these two, he can do no harm and, oddly, might even improve things.

The problem for conservatives will come if he gets a second term.


52 posted on 11/28/2008 1:41:14 PM PST by uscabjd ( a)
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To: stan_sipple

“We deserve it”
Nothing like having “afirmative action” on the supreme Court.

I am so sice of this kind of behavior....

There’s lots of things that can be claimed to be “deserved”.

Try EARNING them.


53 posted on 11/28/2008 2:42:42 PM PST by ridesthemiles
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To: AdmSmith; Berosus; Convert from ECUSA; dervish; Ernest_at_the_Beach; Fred Nerks; george76; ...

What the Obama Kids Will Miss Out On at Private School
Pajamas Media | November 28 | Ari J. Kaufman
Posted on 11/28/2008 11:18:30 AM PST by AJKauf
http://www.freerepublic.com/focus/f-news/2139674/posts

Top Obama Counsel (White House Domestic Policy Council)
Unlawfully Blocked Judge’s Confirmation
Judicial Watch | Wed, 11/26/2008 - 11:20
Posted on 11/28/2008 11:40:23 AM PST by jessduntno
http://www.freerepublic.com/focus/f-news/2139684/posts

Appointment of former Kennedy staffer as Obama health advisor worrisome
Infection Protection & Control | 11/28/2008 | Gene J. Koprowski and Nancy Bruening
Posted on 11/28/2008 11:42:56 AM PST by obamaisandrogynous
http://www.freerepublic.com/focus/f-news/2139685/posts


54 posted on 11/28/2008 3:19:40 PM PST by SunkenCiv (https://secure.freerepublic.com/donate/_______Profile finally updated Saturday, October 11, 2008 !!!)
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To: SunkenCiv

55 posted on 11/29/2008 8:16:38 PM PST by Seadog Bytes (OPM - The Liberal 'solution' to every societal problem. (Other People's Money))
[ Post Reply | Private Reply | To 54 | View Replies]


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