As a minority who overcame a difficult childhood to rise to the top of her profession, Sonia Sotomayor has a compelling story, and Republicans who would block her nomination must be animated by the worst sort of motivations. At least that's the narrative we've been hearing, but those who are telling it have very short memories. Colleen Carroll Campbell reminds us of another compelling story:
Eight years before Sonia Sotomayor burst onto the national scene with her hardscrabble life story and bid to become America's first Hispanic Supreme Court justice, another judicial nominee almost made history. Honduran immigrant Miguel Estrada was nominated in 2001 to become the first Hispanic on the D.C. Circuit Court of Appeals, a post seen as a stepping stone to the Supreme Court.
Estrada's rags-to-riches story and sterling resumé had the same star quality as Sotomayor's. Estrada barely spoke English when he arrived in America at age 17, but he wound up graduating with high honors from Columbia University and Harvard Law School, editing the Harvard Law Review and clerking for Supreme Court Justice Anthony Kennedy. After a stint at a prestigious New York law firm, Estrada served as an assistant U.S. attorney in New York and an assistant solicitor general in the Clinton administration. His bid for the federal bench was backed by the left-leaning American Bar Association, which awarded him its highest rating of "well-qualified."
Unlike Sotomayor, however, Estrada never enjoyed fawning press coverage or effusive praise from the liberal activists and politicians who have spent the past week pontificating about the need for ethnic diversity on our nation's highest courts. In fact, many of the same voices gushing about the "empathy" that Sotomayor's Hispanic heritage allows her to bring to bench once raged against Estrada.
The key difference between Sotomayor and Estrada: Estrada is a conservative. Senate Democrats, wary of seeing a Latino Republican nominee advance toward the Supreme Court, spent more than two years blocking his nomination. Although he had the votes to be confirmed, Estrada withdrew his name in 2003 after it became clear that he would not be granted the courtesy of a simple up-or-down vote on the Senate floor.
Estrada's case marked the first time a filibuster was used to defeat an appeals court nominee. Yet the hard partisan line taken against Estrada by Senate Democrats was hardly unprecedented.
But Democrats' amnesia on judicial appointees doesn't end with Estrada:
Many of the same Democrats now extolling Sotomayor's underprivileged childhood showed no appreciation for the humble beginnings of conservative judges Clarence Thomas and Janice Rogers Brown, two African-Americans raised by sharecroppers who faced fierce confirmation battles on their way to the bench. And the same liberal activists who warned of a Catholic cabal on the Supreme Court during the confirmation hearings of Justices John Roberts and Samuel Alito have made nary a peep about Sotomayor's Catholicism, perhaps because they regard her as the "right" kind of Catholic -- one who does not actively practice her faith.
And this doesn't include all of George Bush's other appointees whose nominations languished and died in the Senate because the Democrats didn't want Bush's selections making judicial decisions.
Then there is the total memory loss suffered by the President himself:
President Barack Obama recently called on senators to judge Sotomayor "on the merits" and eschew the "political silliness that has come to surround the Supreme Court." That challenge would carry more weight had Obama himself met it during his Senate tenure. When evaluating Roberts' nomination in 2005, Obama acknowledged that "there is absolutely no doubt in my mind Judge Roberts is qualified" but said he was more concerned about "what is in the judge's heart" than his resume. Citing what he perceived as Roberts' lack of enthusiasm for affirmative action and abortion rights, Obama rejected him.
The President's calls to eschew petty partisan fights over judicial nominees are risible, given his and his party's history of doing exactly that, but, even so, Republicans shouldn't follow the Democrat example. They should consider Ms Sotomayor on her merits, not on the basis of who nominated her. If she's qualified they should confirm her, but if it turns out that she's not the shining star the administration is making her out to be, Republicans should firmly oppose her.
That's how grown up statesmen behave.
Thanks to Jason for the link.
RLC