Miguel Estrada Nomination Fact Sheet
March 1, 2003
A review of Mr. Estrada's record to date raises serious questions about his commitment to equal justice and civil rights for all Americans. In addition, by refusing to adequately answer numerous questions posed to him at his September 26, 2002 hearing, as well as written questions following the hearing, Mr. Estrada has failed to demonstrate a commitment to the continued vigorous enforcement of critical constitutional and statutory rights in the areas of civil rights and civil liberties.
Mr. Estrada's record raises numerous serious concerns, including:
- Mr. Estrada's refusal to answer questions regarding his views on important civil rights issues, as well as his lack of experience as a judge, make it nearly impossible to predict his ability to be a fair and impartial circuit court judge. Mr. Estrada has no judicial experience, and has failed to impart information about his views on important civil rights issues, such as affirmative action. Further, as a lawyer, Miguel Estrada has relatively little experience in the types of civil cases that make up most of the docket of the D.C. Circuit.
- The little that is known about Miguel Estrada is extremely troubling. For example, as a lawyer, Mr. Estrada questioned the ability of civil rights organizations to assert constitutional violations affecting their members, a mainstay principle in civil rights law. Mr. Estrada has also made disturbing public statements expressing disdain for judicial review of legislative enactments.
- Mr. Estrada's career thus far also reveals a tendency to favor powerful corporate interests over the interests of ordinary citizens. For instance, his work in at least one case hints at a bias against organized labor, his work for the health insurance industry suggests a lack of commitment to basic patient rights, and his work for a large pharmaceutical company suggests a cavalier attitude toward the rights of consumers to obtain reliable information about the drugs they need.
- The U.S Court of Appeals for the D.C. Circuit has a critical role in our federal judicial system and is widely regarded as the second most important court in the United States, after the U.S. Supreme Court. Because of the importance of this court and because several senators have spoken out about the prospect of Mr. Estrada being subsequently elevated to the U.S. Supreme Court if confirmed, it is extremely important that his nomination be carefully scrutinized.
For many Americans, the federal judiciary is the first line of defense against violations of dearly held constitutional principles. Because of the impact that lifetime appointments of judges hostile to civil rights may have on the rights of millions of Americans, LCCR/LCCREF will continue to monitor the integrity of the processes for nominating and confirming judicial appointments.
