A Latina for the Supreme Court

By Cristina Lopez, May 20, 2009

President Obama should appoint a Latina to the U.S. Supreme Court to take the place of retiring Justice David Souter.

Such an appointment would do for Latinas what Thurgood Marshall’s appointment did for blacks. And it would have a significant impact on the court and the nation.

The appointment of a Latino justice has been on the table for a couple of decades. With Hispanics being the largest and fastest-growing minority group in the country, it’s not unreasonable to expect such an appointment.

This is not about quotas or identity politics. (And let’s remember, for almost 200 years identity politics in this country meant that women or minorities could not apply.)

This is about bringing new and valuable perspectives to the high court.

Over the last decade, the Supreme Court has been divided on issues that are important to Latinas, including reproductive rights, affirmative action, employment discrimination, health care access, voting rights and education.

A Latina justice would more likely understand why Hispanic “appearance” is a deeply flawed criterion on which to base an immigration stop. She would know that Latinos come in all shapes, sizes and looks. She would know that having a Spanish name does not make one likely to be an “illegal alien.”

While a Latino would also bring some of these perspectives to the judicial decision-making process, we need another woman on the court. Women bring different life experiences to the bench, and their voice is grossly underrepresented on today’s court. Today, just one of the nine justices is female, and yet girls and women make up more than half the population.

We have a number of highly qualified Latina jurists who would make excellent Supreme Court justices. For example, U.S. 2nd Circuit Court of Appeals Judge Sonia Sotomayor, a Yale Law School graduate who edited the Yale Law Review, brings high intellectual ability and is a moderate liberal who can help build consensus on the court. Sotomayor grew up in the projects and understands hardship. Judge Maria Rivera from the First District Court of Appeals and Judge Vanessa Ruiz from the District of Columbia Court of Appeals are also strong candidates.

The appointment of a Latina justice would signal a movement toward full membership for Hispanics and women in American society.

In announcing Marshall’s nomination to the Supreme Court, President Lyndon Johnson noted that it was the “right thing to do, the right time to do it, the right man and the right place.”

President Obama, it’s time to make history once again. It’s the right thing to do, the right time to do it and the right Latina is waiting.

Cristina Lopez is president of the National Hispana Leadership Institute (www.nhli.org), a national leadership development organization focused on Latina leaders. She can be reached at pmproj [at] progressive [dot] org.

Comments

Chihare

Great rebuttal:

“Her identity group is irrelevant to me but I am troubled by her alleged activism and empathy. But Obama is the president, not me, and he should be entitled to tilt the court his way”.

Experience:
The argument of what experience make a good justice is one we will never agree on. What is interesting is of the 4 most influential writers of the construction I believe two would be found unqualified by today's congress to sit on the court. John Adams a Lawyer with no formal education in the area of law an Tom Paine a man with an elementary school education.

(Also if they were presented as liberals congressmen would attack them for their activist past.)

Packing the court with activist who support the administrations positions is the norm

The first president to pack the court was Thomas Jefferson. To his chagrin John Marshall
turned a majority of Jefferson justices and in the end gave Marshall a greater majority then he would not have had if Jefferson had just sat on his hands.

One of the courts most liberal justices Douglass when nominated by Roosevelt was opposed by liberals and supported by conservatives. The fact is there are numerous cases of justices changing colors once on the bench.

So it would not surprise me at all if in the end Sotomayor turned out to be more conservative then expected.

Leaving liberals frustrated and conservative smiling.

Submitted by GuyP on Wed, 05/27/2009 - 4:12pm.

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