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A JUEZ FOR THE SUPREME COURT
Written by Maria Elena Salinas   
Monday, July 18 2005
 
There's little doubt that President Bush would like to, at some point, make history by naming the first Latino to the U.S. Supreme Court. There are conflicting reports on whether or not there has ever been a Hispanic on the high court. Some consider Justice Benjamin Nathan Cardozo, who served on the Supreme Court from 1932 to 1938, a Latino — others don't. He was a Sephardic Jew born in New York, whose ancestors were from Portugal and England. But putting aside Cardozo's ethnic background, there's plenty of lobbying among Hispanic groups pushing to see one of their own on the Supreme Court. Although Senate Democrats have recommended Hispanics such as Judge Edward Prado of the 5th Circuit Court of Appeals and Judge Sonia Sotomayor of the 2nd Circuit Court of Appeals, Bush will be inclined toward more conservative nominees. The two most-mentioned names are Attorney General Alberto Gonzales and Judge Emilio Garza, also from the 5th Circuit Court of Appeals. Both Gonzales and Garza are native Texans, born in San Antonio to Mexican immigrant families. If friendship were an indicator, it would seem Gonzales has the upper hand. He is a trusted adviser of the president and has been by Bush's side every step of the way in his political career. As governor, Gonzales was Bush's general counsel and secretary of state until Bush nominated him to the Texas Supreme Court in 1999. In 2001, Bush took him along as White House counsel, a post he held until he became attorney general. To all those who have objected to Gonzales as a possible Supreme Court nominee, Bush has lashed out, warning against messing with his buddy. But up to now it has been mostly the extreme right that says Gonzales isn't conservative enough. Justice Garza, on the other hand, seems to have its blessing. The first President Bush originally considered him for a Supreme Court seat in 1991, and his record on the bench is evidence of his conservative positions. So now the battle begins. As they were with the nomination of Miguel Estrada to the U.S. Court of Appeals for the District of Columbia, Latino political and civic groups are once again faced with the predicament of having to decide if they want a Latino named to a high court or someone who fits their ideological mold. As we saw in the most recent presidential election, Hispanics are not homogeneous. Traditionally Democrats, more Latinos voted for Bush in 2004 than for any Republican presidential candidate ever. And while they tend to be more liberal in many social issues, Hispanics are usually more conservative in moral issues such as abortion and gay marriage. Rev. Miguel Rivera, president of the National Coalition of Latino Clergy and Christian Leaders, a group that represents more than 6,000 Latino evangelical churches, sent the president a letter urging him to consider Garza for the high court, describing him as a "true conservative Latino." And although the Congressional Hispanic Caucus would like to see a Latino in the highest court of the nation, it is urging the president to name someone who would be dedicated to expanding the rights of minorities and sensitive to the laws that have opened doors for Hispanics. "It is not the person, it's the principle," says Congressman Xavier Becerra of California. "There are issues that cut across all borders, such as education," he says, "but at the same time, for Hispanic kids, language is important to prevent them from staying behind." Becerra feels that a Supreme Court justice, Hispanic or not, should bring that perspective to the table. Hispanics for a Fair Judiciary — a group comprised of civic and political leaders from across the country — agrees. "The court in the future will have to face some important issues, such as access to education for undocumented children, affirmative action, as well as voter and worker's rights," says Estuardo Rodriguez, the group's coordinator. President Bush has a chance to make history and benefit his own party by winning over the fastest-growing minority group in the country. By the same token, Hispanic leaders are faced with a unique opportunity to flex their political muscle by showing unity and supporting a Latino candidate who can best represent the interest of all Americans.