Latinos demand Supreme Court nominee - almost to their own detriment

"600 Words by Esther J. Cepeda"

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 have not only 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 writes the "600 Words" & "Pregunta del Dia" columns, and is also the Chief Marketing and Communications Officer for the Illinois Student Assistance Commission. Her views and reporting do not necessarily reflect those of ISAC. "600 words" is a registered trademark of EeJayCee, Inc., Copyright 2008. May be reprinted with permission, contact eejaycee@600words.com

Comments

[blackmamba]

For too long because of the prevailing white supremacy that is the rotten cancer at America's core the presumption of white intellectual and moral superiority has been a given. Being a white male was to be presumed to be qualified for anything. But America was born a white supremacist black slave nation that cast off the bonds of slavery only to replace then with the ball and chain of legally sanctioned racial discrimination that allowed every white person's achievment to be tainted by the fact that being white was the only real qualification that they ever had as compared to any people who were not white. And being male was the other qualification that is stained by the fact that females were never allowed to compete.

Thus talk of the appointment best qualified and merit against this historical background is often a mere subterfuge for continuing the ugly past status quo. It is a charade because many white Americans will not face the fact that most of their vaunted achievements were won with the blood, sweat and tears of African Americans drawn by whip, tongue and hand wielded by some evil racist white people. Those whites who benefited from the acts may be less culpable than the perpetrators but they stll got over by cheating.

It is natural for humans to want to win at everything all of the time and to want that for those who are like you. Merit should be the basis for this but in America being white and male was the only merit that ever mattered for far too long. And that has not entirely faded into history even in the age of Obama.

[Edgar Davila]

Yes, it would have been great if we could have heard all about nominee Sotomayor's incredible judicial talents, exemplary professional skills, and track record rather than allllll about her compelling personal story?

But if you really think about it, her exemplary professional skills and track record should be a given since minorities in this country have to unfortunately really outperform their white counterparts in order to get ahead. You can't wish that reality away no matter how hard you try.

[Esther J. Cepeda]

It happened today ...I'm writing about it right now. Wouldn't it have been great if we could have heard all about nominee Sotomayor's incredible judicial talents, exemplary professional skills, and track record rather than allllll about her compelling personal story?

[Mexitli]

"...may the best man or woman Supreme Court Justice candidate win."

That's only when we are on a level playing field.

Be careful not to fall into the trap that if you cannot make yourself you may as well ruin it for everyone else.

Funny how Jews, women and African Americans never gripe about their leadership lobbying to get one of them appointed to the court.

[Mike B.]

This is one those situations where I totally agree with what you are saying. Yet it would be good for the country if the Supreme Court were more broadly representative of the country. It's not just that we have eight white men on the court - it's that we have a bunch of Ivy League lawyers who come from one spectrum of the legal community.

Obama will likely get three picks, at least, and odds are that one of them will be Hispanic, so folks should just chill. It will happen eventually.