|
 Time
for the First Hispanic on the Supreme Court?
The United States Supreme Court is not an
institution comfortable with change. Court decisions
are guided by the long-standing principle of stare
decisis (Latin for “to stand by that which was
decided”) or precedent, so the court is slow to
institute seismic changes in the law. And until
recently, nine of the justices had served together
for 11 years, the longest period in over two
centuries.
Change, however, is inevitable, and it has swept
across this venerable institution with tsunami-like
force. In the last five months, we have seen the
retirement of the first woman on the Supreme Court,
Sandra Day O’Connor, the passing of Chief Justice
William Rehnquist, the confirmation of his
replacement, John Roberts, the Harriet Miers
debacle, and the nomination of Samuel Alito.
In all, three—count them, three—nominations by
President Bush to the Supreme Court, and not a
Hispanic among them. From New York to Los Angeles,
the collective Latino reaction has ranged from
profound disappointment to anger.
President Bush knows he missed a golden opportunity
to bring Latinos into the Republican fold. His
Attorney General, Alberto Gonzales, recently told
the Hispanic National Bar Association: “You and I
know that there will be a Hispanic on the Court. It
is inevitable.”
But is it? The numbers are not heartening. In the
more than 200 years since the Supreme Court first
convened, all but four of the 109 justices appointed
to the court have been white males. (The exceptions:
Thurgood Marshall, Clarence Thomas, Ruth Bader
Ginsburg and Sandra Day O’Connor.)
Supporters of the status quo can no longer ignore
the changing landscape in this country. Women now
comprise nearly half of law school graduates.
Minorities constitute almost a quarter. Hispanics
are now the largest ethnic group in the United
States. You want Latino nominees with sterling
credentials who will not compromise Bush’s demand
for excellence? One need look no further than
federal appellate judges Sonia Sotomayor and Emilio
Garza.
What can we in the community do to emphatically
convey that the time has come to appoint a Hispanic
to the United States Supreme Court? First,
understand that politics is the engine that drives
the machine for President Bush and his party. It was
Mr. Bush’s need to appease his conservative base
that resulted in the appointment of John Roberts as
Chief Justice. And it was a serious miscalculation
by the White House of the influence of that base
that led to the nomination and then withdrawal of
Bush’s close friend and confidante, Harriet Miers.
So if it is politics that makes the world go round,
then Hispanics need to get on that bandwagon. I
believe the Achilles’ heel of the Hispanic community
is knowing that we are often taken for granted but
then not doing anything about it. So do something
about it. Write to President Bush. Give to or
withhold money from political parties. Vote. Get
involved with Latino organizations that have a voice
in Congress and the executive branch. And most
important: don’t give up.
There is too much at stake. President Bush will
likely make additional appointments to the Supreme
Court. Justice John Paul Stevens is in his mid-’80s.
He and Justice Ruth Bader Ginsburg have fought
cancer. All but two of the justices are over 65.
A diverse Supreme Court is a better court, and one
whose stature will be enhanced when a Hispanic is no
longer passed over for a seat. Hispanics need to be
part of an institution whose rulings in the areas of
abortion, affirmative action, church-state and civil
rights touch the lives of every American.
Manuel Medrano is the Supreme Court/Legal Affairs
Correspondent for ABC News based in Washington, D.C.
A former Assistant U.S. Attorney and adjunct law
professor, Manuel is the first Hispanic member of
the U.S. Supreme Court press corps. A graduate of
Harvard College and Harvard Law School, Manuel’s
stories and legal analysis appear on all ABC News
broadcasts, and he writes a legal blog, “Order in
the Court,” at
www.abcnews.com. |
