Wednesday, July 15, 2009

A Tale of Two (Hispanic) Judges

Oh, the difference political affiliation makes:

In many ways, Mr. Estrada and Judge Sotomayor have similar backgrounds, but Mr. Estrada might have better "street cred." He was 17 and spoke little English when he and his mother came to the United States from Honduras. By contrast, Judge Sotomayor, whose family hails from the U.S. territory of Puerto Rico, had the advantage of growing up in New York City. As a result, Mr. Estrada speaks both Spanish and English fluently while Judge Sotomayor is merely conversant in Spanish, according to the Hispanic Leadership Fund. They both went on to graduate from Ivy League universities and law schools.

What sets them apart is how they were treated by Democratic senators. In 2003, Senate Judiciary Chairman Patrick J. Leahy, Vermont Democrat, said: "The White House continues to obstruct any progress toward resolving this matter by its unprecedented refusal to turn over documents requested to determine whether or not Miguel Estrada should sit on the second highest court in the land, for life. Mr. Estrada's nomination is apparently being sacrificed by the administration for its own partisan, political purposes."

The Democrats were requesting confidential memorandums drafted by Mr. Estrada while at the Office of the Solicitor General. This request was unprecedented. All seven living former solicitors general, Republican and Democrat alike, agreed with Mr. Estrada.

And before some Democrat screams that only Republicans oppose nominees based on race:
Democrats were forthright in their opposition to Mr. Estrada precisely because he is Hispanic. A staff memo to Illinois Democratic Sen. Richard J. Durbin on Nov. 7, 2001, referred to liberal concern that Mr. Estrada was "especially dangerous, because he has a minimal paper trail, he is Latino, and the White House seems to be grooming him for a Supreme Court appointment."

Then-Rep. Robert Menendez, a New Jersey Democrat who now represents the Garden State as a cigar-chomping U.S. senator, said he did not consider Mr. Estrada to be the right kind of Latino. "Being Hispanic for us means much more than having a surname," Mr. Menendez said in February 2003. It means being a predictable liberal.

We've been told repeatedly (see Jeromy Brown's comments) that opposition to Sotomayor will be seen as racism by Hispanics, alienating them and preventing them from voting for Republicans. Why then, was the blatant racism of Democratic opposition to Miguel Estrada not a hindrance for Hispanics?

Patrick Leahy lies about Estrada here.