[Here are several
rhetorical charges made by some Republicans, countered by the
facts. BELOW THAT is the letter that
Clinton judicial nominee Jorge Rangel of Texas sent Friday (Sept.
5) to Sens.
Leahy
and Schumer, challenging the consistency of Republican ‘outrage’
over the outcome of the Estrada impasse.
BELOW THAT is the letter
Rangel sent to President Clinton asking the President not to
renominate him to the Fifth Circuit.]
Diversity On The
Federal Bench
Rhetoric v.
Reality
With the President’s decision to
withdraw the nomination of Miguel Estrada to a lifetime seat on
the D.C. Circuit, some Republicans have renewed their false
rhetoric that Democrats opposed Mr. Estrada because of his
ethnicity. But the record clearly shows that Democrats for years
have been leading the fight to diversify the federal bench -- with
nominees from different backgrounds, and from across the political
spectrum.
Rhetoric:
“They don't want any examples
out there for
America to see
of somebody who is conservative and also a minority. This is
Clarence Thomas all over again. This is a situation where, if
you're a conservative, we don't like it. But if you're a minority
and a conservative, we hate you.” Senator Rick Santorum, Fox
News, 4/10/02
Reality:
Democrats have voted to confirm 12
Hispanic candidates nominated by President Bush to the federal
courts. Last Congress, Senate Democrats swiftly confirmed six
Latino judicial nominees chosen by President Bush -- Christina
Armijo (NM), Judge Phillip Martinez
(TX), Randy Crane (TX), Judge Jose Martinez (FL), Magistrate Judge
Alia Ludlum (TX), and Jose
Linares (NJ). This Congress,
Democrats have unanimously supported the confirmation of six other
Latino judicial nominees -- Edward Prado
(5th Circuit), Consuelo Callahan (9th Circuit), S. James Otero
(CA), Cecilia Altonaga (FL), Xavier
Rodriguez (TX), and Frank Rodriguez Montalvo
(TX).
Rhetoric:
"They don't want
Miguel Estrada
because he's Hispanic," Senator Trent Lott, Associated Press,
4/11/02.
Reality:
Democrats have voted to confirm 2
of the 3 Latinos nominated by President Bush for the appellate
courts who have been reported to the full Senate. Democrats
supported the appointment of 11 Latinos nominated by President
Clinton to the appellate courts, but Republicans blocked 3 of
them. Of the 12 Latino appellate judges currently seated in the
federal courts, 8 were appointed by President Clinton and 2 (Prado
and Callahan) were nominated by President Bush and confirmed with
unanimous Democratic support.
Democrats have
blocked the confirmation of only one Hispanic judicial nominee of
President Bush, Mr. Estrada, who refused to answer many questions
of the Senate and whose writings the Bush Administration refused
to provide, despite ample precedent for sharing such writings.
His ethnicity was not the reason he was opposed and, in fact,
numerous Latino groups and leaders also opposed him.
Republicans
blocked 3 Latino nominees of President Clinton to the appellate
courts from ever receiving a vote: Enrique Moreno, who Clinton
was nominated to the 5th Circuit; Jorge Rangel, who
Clinton nominated to the 5th Circuit; and Christine
Arguello, who Clinton nominated to the
10th Circuit. In addition, Republicans refused to
allow votes on three of President Clinton’s district court
nominees, Ricardo Morado, R. Samuel
Paz, and Anabelle Rodriguez.
While Republicans
denied 4 Latinos nominated by President Clinton an up or down vote
on the Senate floor, in addition to more than 60 other judicial
nominees, the Democrats have opposed only one Latino and a few
other of the most extreme nominees of President Bush, while
confirming 146 of his nominees, including 28 circuit judges.
Rehtoric:
Mr. Estrada
received disgraceful treatment at the hands of 45 United States
senators during the more than two years his nomination was
pending," President Bush said. (NYT 9/4/03)
Reality:
During President Clinton’s tenure,
10 of his more than 30 Hispanic nominees were delayed (4) or
blocked (6) from receiving hearings or votes by Republican
leaders. The six
Clinton judicial
nominees denied a vote by Republicans are
Moreno, Rangel, Arguello,
Morado, Paz, and Rodriguez. The four
Clinton judicial nominees delayed but ultimately allowed votes by
Republicans are Judges Richard Paez, a
Mexican-American nominated to the 9th Circuit; Hilda
Tagle, a Mexican-American nominated to
the Texas district court; Rosemary Barkett,
an immigrant from Mexico nominated to the 11th Circuit;
and Sonia Sotomayor, whose family
hails from Puerto Rico. Of these ten, three waited more than two
years to receive vote or never to be given one:
Republicans
delayed consideration of Clinton nominee Richard
Paez for more than 1,500
days, and 39 Republicans voted against
his confirmation to the 9th Circuit. He was
unsuccessfully filibustered by
Republicans and even Majority Leader Frist
voted against cloture--ending debate--on his nomination after it
had been pending for more than 4 years. Senator Sessions moved to
indefinitely postpone his vote, after Judge
Paez had been waiting for more than 4 years, and 31
Republicans voted with Senator Sessions on that motion after the
filibuster failed.
President
Clinton’s nomination of Anabelle
Rodriguez to a district court seat was defeated by Republicans
without a vote. Her nomination was pending before the Senate for
1,000 days. She never was given an up or down vote on the Senate
floor.
The nomination
Hilda Tagle was pending before the
Senate for 943 days, before Republicans allowed her a vote on the
floor of the Senate.
Rhetoric:
"If we deny Mr. Estrada the position on the D.C. Circuit, it would
be to shut the door on the American dream of Hispanic Americans
everywhere," said Sen. Charles Grassley,
Dallas Morning
News, 1/31/03
Reality:
Unfortunately, it is the Bush
Administration that is closing the door on the American dream for
Latino Americans through its failed social and economic policies.
Additionally, until Mr. Estrada’s nomination was brought up on the
floor this year, President Bush had failed to nominate any other
Latinos to the circuit courts in his first two full years in
office. Since then he has made 3 additional nominations of
Latinos, for a total of 4 Latino nominees to the appellate courts,
out of 44 circuit vacancies. President Clinton nominated 11
Latinos to the appellate courts but Republicans refused to allow 3
of them a vote. President Clinton also nominated 21 Latinos to
the district courts and Republicans blocked three of them from
ever getting votes.
# # # # #
(Text
of Jorge Rangel’s letter to Sens.
Patrick Leahy and Charles Schumer) –
September 5, 2003
Where was the outrage from your
Republican colleagues when Enrique Moreno and I were denied the
courtesy of a hearing on our nominations? Where was their
disappointment and cry for diversity on the bench when I was
compelled to submit the enclosed letter withdrawing my nomination
to the Fifth Circuit? The American people deserve better .
Yours truly,
Jorge C. Rangel
(Attachment)
++++++++++++++
(Jorge Rangel’s letter to President Clinton in 1998) –
Jorge C. Rangel
October 22. 1998
The President
The White House
Washington, DC 20500
Dear Mr. President:
Fifteen months ago,
you nominated me to the United States Court of Appeals for the
Fifth Circuit. I enthusiastically welcomed the nomination and
eagerly awaited a hearing before the Judiciary Committee of the
United States Senate to have my qualifications reviewed. I
patiently waited for months, but I never received a hearing. My
nomination died when the Senate adjourned yesterday.
Our judicial system
depends on men and women of good will who agree to serve when
asked to do so. But, public service asks too much when those of
us who answer the call to service are subjected to a confirmation
process dominated by interminable delays and inaction. Patience
has its virtues, but it also has its limits.
Many friends and
colleagues have urged me to stay in the process by requesting that
my name be resubmitted to the Senate next year. Even if you were
to decide to renominate me, I have no
reason to believe that the Senate would act promptly on the
nomination. I am not willing to prolong the continued uncertainty
and state of limbo in which I find myself. As a professional, I
can no longer postpone important decisions attendant to my law
practice.
Therefore, I would
ask that you not resubmit my nomination next year. There
is a season for everything, and the time has come for my family to
get on with our lives and for me to get on with my work.
Thank you for your
trust and confidence in nominating me to the Fifth Circuit. I
pray that you will continue to recognize and honor the diversity
that is America, so that, one day, our great country
can realize its full potential.
Yours truly,
(Signed) Jorge C. Rangel
# #
# # #
