The Leadership Conference on Civil and Human Rights

Heated Battle Over Estrada Nomination in Senate

Feature Story by civilrights.org staff - 2/27/2003

The nomination of Miguel Estrada to the U.S. Court of Appeals for the D.C. Circuit has set off one of the most intense debates about a judicial nominee in years. Since the nomination was passed out of the Senate Judiciary Committee by a vote of 10-9 on January 30, cries of racism, a filibuster and Estrada's own refusal to answer questions about his judicial philosophy have heightened tensions over what critics call a "court packing" plan orchestrated by President Bush.

The movement to prevent Estrada's confirmation includes Senators, national civil rights organizations and average citizens. His critics include many prominent Democrats such as Senators Kennedy (D-Mass), Schumer (D-NY), and Rockefeller (D-WV). So strong is the opposition to Estrada the majority of Democrats are supporting a powerful action to stop the full Senate from voting on the nomination, a filibuster. A filibuster is when one side of the debate talks extensively to block action on an issue.

Many groups such as the Leadership Conference on Civil Rights, the nation's oldest, largest and most diverse civil and human rights coalition, the Mexican American Legal Defense and Education Fund (MALDEF), and Mario G. Obledo, past national President of LULAC, and co-founder of the Hispanic National Bar Association have gone on record to oppose Estrada's confirmation.

Supporters of Estrada's nomination include Senators Lott (R-Miss.), Hatch (R-Utah), and Dole (R-N.C.). They could move to end the current filibuster via cloture, which is a vote of 60 Senators to stop the filibuster.

Many supporters claim that Estrada is being attacked for not ascribing to traditionally Hispanic views, and that for Hispanics to oppose Estrada is to do themselves a disservice. Others claim that any opposition is simply racist in nature. These charges have been refuted by several Latino organizations such MALDEF that have stated repeatedly that they are interested in Mr. Estrada's stance on issues, not the color of his skin.

Miguel Estrada is at the beginning of a long list of President Bush's judicial nominees, many of which are controversial, such as Jeffrey Sutton, nominated to the U.S. Court of Appeals for the Sixth Circuit. With more contentious nominations still to come, the confirmation process promises to be long and arduous.