President Obama should appoint a Latina to the U.S. Supreme Court to take the place of retiring Justice David Souter. Such an appointment would do for Latinas what Thurgood Marshall’s appointment did for blacks. And it would have a significant impact on the court and the nation.
The appointment of a Latino justice has been on the table for a couple of decades. With Hispanics being the largest and fastest-growing minority group in the country, it’s not unreasonable to expect such an appointment.
This is not about quotas or identity politics. (And let’s remember, for almost 200 years identity politics in this country meant that women or minorities could not apply.) This is about bringing new and valuable perspectives to the high court.
Over the last decade, the Supreme Court has been divided on issues that are important to Latinas, including reproductive rights, affirmative action, employment discrimination, health care access, voting rights and education.
A Latina justice would more likely understand why Hispanic “appearance” is a deeply flawed criterion on which to base an immigration stop. She would know that Latinos come in all shapes, sizes and looks. She would know that having a Spanish name does not make one likely to be an “illegal alien.”
While a Latino would also bring some of these perspectives to the judicial decision-making process, we need another woman on the court. Women bring different life experiences to the bench, and their voice is grossly underrepresented on today’s court.
Today, just one of the nine justices is female, and yet girls and women make up more than half the population. We have a number of highly qualified Latina jurists who would make excellent Supreme Court justices.
For example, U.S. 2nd Circuit Court of Appeals Judge Sonia Sotomayor, a Yale Law School graduate who edited the Yale Law Review, brings high intellectual ability and is a moderate liberal who can help build consensus on the court. Sotomayor grew up in the projects and understands hardship.
Judge Maria Rivera from the First District Court of Appeals and Judge Vanessa Ruiz from the District of Columbia Court of Appeals are also strong candidates.
The appointment of a Latina justice would signal a movement toward full membership for Hispanics and women in American society.
In announcing Marshall’s nomination to the Supreme Court, President Lyndon Johnson noted that it was the “right thing to do, the right time to do it, the right man and the right place.”
President Obama, it’s time to make history once again. It’s the right thing to do, the right time to do it and the right Latina is waiting.
Cristina Lopez is president of the National Hispana Leadership Institute (www.nhli.org), a national leadership development organization focused on Latina leaders. This column was produced for the Progressive Media Project, which is run by The Progressive magazine, and distributed by the Tribune News Service.