Are The Democrats Opposing Estrada Because He’s Hispanic?

Something called the Committee for Justice has a TV commercial accusing the Democrats of “intolerance” in opposing Miguel Estrada’s nomination to the Court of Appeals. (Link via InstaPundit)

The Republicans have tried this tack before, to little avail. Although black Democrats are often uneasy about Hispanics benefiting from affirmative action, the accusation that the Democratic Party — the party that has developed ethnic pandering to a high art — opposes Hispanics simply doesn’t ring true.

But hold on a minute. Everyone recognizes, and even the Democrats admit, that Democratic opposition to Estrada is based in part on fear that service on the Court of Appeals will put him in a good position to be nominated to the Supreme Court, as though that fact of course justifies the opposition. But why does it?

Put aside the contradiction between arguing that Estrada is not qualified to serve on the Court of Appeals (Aileen Hernandez, president and general counsel of MALDEF, called him an “unqualifed Latino”) and fear that service for a year or two on the Court of Appeals would make him Supreme Court material. But why exactly is it so important to place a roadblock so far down the road before a merely possible Supreme Court appointment for Estrada? Why take the unprecedented step of filibustering a Court of Appeals nominee? Why, in short, are the Democrats so afraid of him?

It’s certainly not because he’s conservative, for anyone Bush nominates will be conservative.

I think the Democrats are in fact opposing Estrada because he’s Hispanic. Not because they’re prejudiced against Hispanics, but because they don’t want the first Hispanic appointed to the Court of Appeals of the D.C. Circuit or, especially, the Supreme Court to be appointed by a Republcan.

Say What? (2)

  1. tc February 17, 2003 at 3:26 pm | | Reply

    There’s also the matter of Bush vs. Gore.

  2. bill February 19, 2003 at 12:26 pm | | Reply

    Consider:

    Democrats control the race issue; any R tack toward their issue is a plus; it legitimizes the Democrat position. R’s feel like as long as a conservative gets in there, the ends justify the means. Tactically speaking, it will backfire: it alienates the “pro-merit” folks who want to throw out race from consideration. Dem’s aren’t blocking because he’s hispanic, they’re blocking to draw R’s into a fight, which they believe they’ll win.

Say What?