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Replacing Justice David Souter will be no easy feat. Although there are a number of issues to consider, the opportunity to diversify the Court so it reflects the composition of the nation is particularly salient. Essential to the judicial temperament are sensitivity and understanding of our society’s groups and cultures.
Lack of exposure to other cultures affects the outcomes of judicial decisions. This could explain why, as research repeatedly demonstrates, Hispanics and other persons of color receive the worst treatment from the courts overall.
The least diverse of our government’s three branches is its judiciary. Only four percent of federal judges are of Hispanic-origin. The Supreme Court is one of the least diverse. Of its nine justices, eight are men. All served on appeals courts. Six graduated from Harvard Law School. Only one is a person of color.
Both presidential candidates in 2000 promised to give priority to considering a Latino for the next Supreme Court appointment. Twice seats came open. Neither time was a Hispanic considered.
Having someone on the land’s highest Court who can speak about the law as it affects 50 million Hispanics with an understanding of the history and challenges this community has faced comes best from first-hand experience.
Latinos — both citizens and immigrants — face unique life experiences. They endure a steady rise in human and civil rights violations, rapid growth in detentions and subsequent criminalization of the community, invalid deportations, drastic increases in hate crimes and a growing tide of racial profiling by local police, as well as de facto exclusion in the public policy and political arenas.
The Court plays a central role in the legitimacy of our governing institutions. An unbalanced judicial system creates barriers to justice. It is no secret that many courts are out of touch with their communities.
A diverse judiciary raises public confidence in the legal system by improving the quality and comprehensiveness of judicial decisions.
In decades past, we would hear the argument that there were not enough qualified women and people of color to select from for such important positions. This excuse is obtuse. President Obama himself provides the best example.
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