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Features - Crónicas
The controversy over Miguel Estrada, George Bush's judicial
appointee.
Hispanics bitterly debate Estrada nomination
By Wayne Washington, Boston Globe Staff
WASHINGTON -- President Bush's nomination of Miguel Estrada for
a federal judgeship has exposed sharp divisions among Latinos, who
are weighing the possibility of having one of their own on a fast
track to the US Supreme Court against a fear that the minority group's
interests could be harmed if the Senate confirms the conservative
lawyer of Honduran descent.
In the divisive intra-ethnic battle, some Latinos have challenged
Estrada's allegiance to the Hispanic community, an accusation that
others have sharply criticized. Each side has at times accused the
other of being anti-Latino. The debate has gotten so nasty on Spanish-language
television and over the Internet that this week the National Council
of La Raza, a Latino group that says it is neutral on Estrada's
nomination, called for both sides to tone down their language.
''We urge those who are engaging in name-calling and accusatory
language to instead focus on the substantive issues and merits of
this nomination,'' the group said in its statement. ''Since the
Latino community is clearly divided on the Estrada nomination, we
find the accusation that one side or another is `anti-Latino' to
be particularly divisive and inappropriate.''
Estrada's nomination to the Court of Appeals for the District of
Columbia has been endorsed by the Hispanic Bar Association, US Hispanic
Chamber of Commerce, the Latino Coalition, and the League of United
Latin American Citizens, which is comparable to the NAACP. Opposed
are the Mexican American Legal Defense and Education Fund, the Puerto
Rican Legal Defense and Education Fund, and the Congressional Hispanic
Caucus, whose members are Democrats.
Bush nominated Estrada in May 2001, but Senate Democrats blocked
his approval. This week, they stalled the nomination by threatening
a filibuster. Estrada, 42, would be the first Latino on the D.C.
Appeals Court, where six of the nine justices currently on the Supreme
Court once served. Only 12 of the 154 judges on federal appeals
courts are Latinos; one has never served on the nation's highest
court.
Some observers have compared the volatile debate to dissension
among African-Americans when President George H. W. Bush nominated
Clarence Thomas -- then a member of the D.C. Court of Appeals --
to the Supreme Court.
''There are similar fault lines,'' said Lisa Navarrete, spokeswoman
for the National Council of La Raza, a nonprofit Hispanic group
that fights poverty and discrimination. ''Some people said Clarence
Thomas is African-American and would be the only one on the court.
He deserves our support. Others felt that his views would be harmful
to the community. That's exactly what's happening here.''
Born in Honduras, Estrada immigrated to the United States with
his family as a teenager, graduated magna cum laude from Columbia
College, and earned a law degree from Harvard, where he was an editor
of the Harvard Law Review. He went on to work as an assistant US
attorney in New York and an assistant to the solicitor general during
the Clinton administration. Currently, he is a partner in the Washington
office of Gibson, Dunn & Crutcher.
His ethnicity and academic and legal record have been enough to
win the support of some Latinos, while critics maintain that Estrada,
a member of the conservative Federalist Society, has not clearly
spelled out his judicial philosophy. He clerked for Justice Anthony
M. Kennedy, a member of the conservative majority on the Supreme
Court.
''That Miguel Estrada is of the Hispanic culture counts far more
than the fact that he is a Republican or a Democrat,'' said Tina
Romero-Goodson, a social service official in New Mexico. ''What
weighs heavily with me is that he is Hispanic and will have far
more in common with me and mine than a Democratic Anglo or African-American
candidate.''
Representative Robert Menendez, Democrat of New Jersey, said Estrada
''shares a surname'' with Latinos but has done little to help them.
''Mr. Estrada said he is unfamiliar with cases that are important
to our community,'' Menendez said. ''He has said that his being
Hispanic would be irrelevant to his role as a judge. I don't want
it to be irrelevant, and neither does the community.''
That stark call to ethnic solidarity outrages other Latinos.
''I think it's just shameful,'' said Robert G. de Posada, president
of Latino Coalition, a nonprofit Washington-based policy group.
''There is no other way to describe it.''
De Posada said Menendez and other congressional Democrats are trying
to portray Estrada as a well-off lawyer ''who never had a problem
in his life.''
Of Menendez, de Posada added: ''He's a Cuban-American who looks
completely white. I wonder: Has he faced the racism and isolation
that other Hispanics have faced? Can you challenge his Hispanic-ness?
I would never do that. He's a success story. But so is Miguel Estrada.''
Pierre M. LaRamee, acting president of the Puerto Rican Legal Defense
and Education Fund, said Republicans have attempted to portray Estrada
as ''a Latino Horatio Alger.'' That portrayal, LaRamee argues, makes
it proper to question just how representative he is of Latino communities.
''He didn't come from a poor, disadvantaged background,'' LaRamee
said. ''He came from a background of relative privilege. Of course,
that's nothing negative about Miguel Estrada. He's been successful.
. . . We'd rather have a non-Latino judge who we believe would be
a better judge.''
Supporters point out that Estrada did pro bono legal work on antiloitering
laws that some Latino community group leaders believe led to the
harassment of black and Latino men.
Latinos who are not of Mexican-American descent have said Estrada
would get more support from Latinos if he were part of it. Mexican-Americans
are the largest subgroup of Latinos in the United States.
''There's a dirty little secret in the Hispanic community,'' said
Jennifer Braceras, a member of the US Commission on Civil Rights.
''There's a real intra-Hispanic community rivalry. There's a real
feeling in the Mexican-American community that the first Latino
Supreme Court nominee should be Mexican-American.''
Not true, said Marisa Demeo, regional counsel for the Mexican American
Legal Defense and Education Fund. ''It has nothing to do with his
ethnicity,'' she said. ''It has to do with how he would be as a
judge.''
Democrats are expected to resume their filibuster of Estrada's
confirmation when the Senate returns from a recess on Feb. 24.
As a Hispanic I am appall by the treatment Mr. Estrada has
received from the Democrats. Please read about Mr. Estrada and why
others have been confirmed with much less qualification than Mr.
Estrada. Is there a different measure for Hispanics? Are we being
discriminated? Every Hispanic shall be offended.
Maria Peña-Faustino
3rd Chair Maryland Republican Party
Co-Chairman Montgomery County Hispanic Republican Club
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Miguel Estrada is typical of the outstanding quality of President
Bush’s judicial nominees. Below you will find some useful
material, including information concerning his qualifications. Miguel
Estrada is a true American success story and someone that we should
be proud to see nominated to the DC Court of Appeals. However, every
Democrat on the Senate Judiciary Committee voted against his nomination.
Please consider calling your Senators and saying something like:
"I am [your name], from [name of state]. I'm calling to urge
Senator [name of U.S. Senator] to vote to confirm judicial nominee
Miguel Estrada." The link below lists all the Senators phone
numbers sorted by states:
http://click.topica.com/maaaPvGaaVRgAb266ORb/
BELOW YOU WILL FIND:
* Summary and Biographical Points
* Select List of Hispanic Community Support
* Statements by Select Supporters
* Responses to Allegations
* Op-ed by Judge Alberto Gonzales (Washington Post, September 26,
2002)
********************
MIGUEL ESTRADA
Nominee to U.S. Court of Appeals for the District of Columbia Circuit
(Nominated May 9, 2001)
* Estrada is currently a partner in the Washington, D.C. office
of Gibson, Dunn & Crutcher LLP, where he is a member of the
firm's Appellate and Constitutional Law Practice Group and the Business
Crimes and Investigations Practice Group.
* The American Bar Association unanimously rated Estrada “Well
Qualified,” its highest possible rating.
* Estrada was born and raised in Honduras, and came to the United
States at age 17. If confirmed, Estrada would be the first Hispanic
ever to sit on the U.S. Court of Appeals for the D.C. Circuit, which
many consider to be the second most important federal court in the
United States after the Supreme Court.
* Estrada has extensive appellate experience and is widely regarded
as one of the country’s best appellate lawyers. He has argued
15 cases before the U.S. Supreme Court.
* From 1992 until 1997, Estrada served as Assistant to the Solicitor
General of the United States under both President Clinton and President
George H.W. Bush.
* From 1990 to 1992, Estrada served as Assistant U.S. Attorney
and Deputy Chief of the Appellate Section, U.S. Attorney's Office,
Southern District of New York, where he argued appeals before the
Second Circuit and tried cases in federal district court.
* Estrada served as a law clerk to Justice Anthony M. Kennedy of
the U.S. Supreme Court in 1988-89, and to Judge Amalya L. Kearse
of the U.S. Court of Appeals for the Second Circuit in 1986-87.
* Estrada received a J.D. degree magna cum laude in 1986 from Harvard
Law School, where he was editor of the Harvard Law Review. Estrada
graduated with a bachelor’s degree magna cum laude and Phi
Beta Kappa in 1983 from Columbia College.
* Estrada has performed significant pro bono service, including
representation of a death row inmate before the Supreme Court –
a case to which he dedicated approximately 400 hours.
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SELECT HISPANIC COMMUNITY SUPPORT FOR MIGUEL ESTRADA
The following groups, among others, have announced their support
for Estrada:
* League of United Latin American Citizens (LULAC) (nation’s
oldest and largest Hispanic civil rights organization)
* U.S. Hispanic Chamber of Commerce
* Hispanic National Bar Association
* Hispanic Business Roundtable
* The Latino Coalition
* National Association of Small Disadvantaged Businesses
* Mexican American Grocers Association
* Phoenix Construction Services
* Hispanic Chamber of Commerce of Greater Kansas City
* eHEBC Hispanic Engineers Business Corporation
* Hispano Chamber of Commerce de Las Cruces
* Casa Del Sinaloense
* Republican National Hispanic Assembly
* Hispanic Engineers Business Corporation
* Hispanic Contractors of America, Inc.
* Charo - Community Development Corporation
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STATEMENTS BY SELECT SUPPORTERS OF MIGUEL ESTRADA
* League of United Latin American Citizens, Rick Dovalina, National
President
“On behalf of the League of United Latin American Citizens
(LULAC), the nation’s oldest and largest Hispanic civil rights
organization, I write to express our strong support for the confirmation
of Mr. Miguel A. Estrada ... Few Hispanic attorneys have as strong
educational credentials as Mr. Estrada who graduated magna cum laude
and Phi Beta Kappa from Columbia and magna cum laude from Harvard
Law School, where he was editor of the Harvard Law Review. He also
served as a law clerk to the Honorable Anthony M. Kennedy in the
U.S. Supreme Court making him one of a handful of Hispanic attorneys
to have had this opportunity. He is truly one of the rising stars
in the Hispanic community and a role model for our youth.”
(Excerpt from Letter to Senator Leahy, July 3, 2001.)
* The Latino Coalition, Robert Deposada, President
“To deny Latinos, the nation’s largest minority, the
opportunity to have one of our own serve on this court in our nation’s
capital is unforgivable.” (April 10, 2002, press release.)
* United States Hispanic Chamber of Commerce, Elizabeth Lisboa-Farrow,
President
“We unanimously endorse this nominee and strongly urge you
to move on the confirmation of Miguel Estrada. As a judge, he will
be a credit to the federal judiciary, the President, Hispanics,
and all Americans.” (Excerpt from Letter to Senator Leahy,
October 23, 2001)
* Hispanic National Bar Association, Rafael A. Santiago, National
President
“The Hispanic National Bar Association, national voice of
over 25,000 Hispanic lawyers in the United States, issues its endorsement
... Mr. Estrada’s confirmation will break new ground for Hispanics
in the judiciary. The time has come to move on Mr. Estrada’s
nomination. I urge the Senate Committee on the Judiciary to schedule
a hearing on Mr. Estrada’s nomination and the U.S. Senate
to bring this highly qualified nominee to a vote, said Rafael A.
Santiago, of Hartford, Connecticut, National President of the Hispanic
National Bar Association.” (Excerpt from HBNA Press Release,
October 12, 2001).
* National Association of Small Disadvantaged Businesses, Henry
T. Wilfong, Jr., President
“The NASDB would like to add our support. . . for Miguel Estrada’s
nomination as United States Court of Appeals Judge for the District
of Columbia Circuit. Mr. Estrada is a brilliantly talented and accomplished
attorney who will make an outstanding addition to the prestigious
DC Circuit ... While we do not dwell on symbolism, we feel that
Mr. Estrada’s appointment as the first Hispanic member of
the DC Circuit will be of benefit to us in further illustrating
the wide range of talent in the minority communities, just waiting
to be effectively and fully used.” (Excerpt from Letter to
Senator Leahy, July 12, 2001.)
* Hispanic Business Roundtable, Mario Rodriguez, President
“From his humble beginnings as an immigrant from Honduras
who achieved a stellar academic career at Columbia University and
Harvard Law School, to his varied and impressive achievements in
the Justice Department and private firms, Mr. Estrada has shown
himself to be of superior talents and accomplishments ... I am confident
that this first Hispanic member of the DC Circuit will continue
to lead a distinguished career with thoughtful and fair decisions.”
(Excerpt from Letter to Senator Leahy, July 17, 2001.)
* Barbara Hartung, co-counsel with Estrada in pro bono case representing
death row inmate
“Miguel’s respect for the Constitution and the law may
explain why he took on Mr. Strickler’s case [the death row
inmate], which at bottom concerned the fundamental fairness of a
capital trial and death sentence. One would not expect the defense
of a death row inmate to become the legal mission of a strong political
conservative.” (Excerpt from Letter to Senator Leahy, September
10, 2002.)
* Herman Badillo, former Congressman from New York
“When confirmed by the Senate, Miguel Estrada, a brilliant
lawyer with extraordinary credentials, will be the first Hispanic
on the second most prestigious court in the land. He will be a role
model not just for Hispanics, but for all immigrants and their children.
His is the great American success story. . . . This treatment of
Mr. Estrada is demeaning and unfair.” (Wall Street Journal,
January 30, 2003)
* Seth Waxman, former Solicitor General to President Clinton
“During the time Mr. Estrada and I worked together, he was
a model of professionalism and competence…. I greatly enjoyed
working with Miguel, profited from our interactions, and was genuinely
sorry when he decided to leave the office in favor of private practice…
I have great respect both for Mr. Estrada’s intellect and
for his integrity. . . . In no way did I ever discern that the recommendations
Mr. Estrada made or the views he propounded were colored in any
way by his personal views – or indeed that they reflected
anything other than the long-term interests of the United States.”
(Excerpt from Letter to Senator Leahy, September 17, 2001.)
* Ronald Klain, former Counselor to Vice President Al Gore
“Miguel is a person of outstanding character, tremendous intellect,
and with a deep commitment to the faithful application of precedent...
Miguel will rule justly toward all, without showing favor to any
group or individual.... the challenges he has overcome in his life
have made him genuinely compassionate, genuinely concerned for others,
and genuinely devoted to helping those in need.” (Excerpt
from Letter to Senator Leahy, January 16, 2002.)
* Bipartisan group of 14 former colleagues in the Office of the
Solicitor General at U.S. Department of Justice
“Miguel is a brilliant lawyer, with an extraordinary capacity
for articulate and incisive legal analysis and a commanding knowledge
and appreciation for the law. Moreover, he is a person whose conduct
is characterized by the utmost integrity and scrupulous fairness,
as befits a nominee to the federal bench. In addition, Miguel has
a deep and abiding love for his adopted country and the principles
for which it stands, and in particular the rule of law. We hold
varying ideological views and affiliations that range across the
political spectrum, but we are unanimous in our conviction that
Miguel would be a fair and honest judge who would decide cases in
accordance with the applicable legal principles and precedents,
not on the basis of personal preferences or political viewpoints.”
(Excerpt from Letter to Senator Leahy, September 19, 2002.)
* Randolph Moss, former Assistant Attorney General for the Office
of Legal Counsel for President Clinton
“I write to express my strong support for the nomination of
Miguel Estrada to the United States Court of Appeals for the District
of Columbia ... Although I am a Democrat and Miguel and I do not
see eye-to-eye on every issue, I hold Miguel in the highest regard,
and I urge the Committee to give favorable consideration to his
nomination.” (Excerpt from Letter to the Senate Judiciary
Committee, May 18, 2001).
“Randolph Moss, who clerked for Justice John Paul Stevens
while Estrada clerked for Kennedy, says he ‘did not find Estrada
at all divisive. He was always an extremely principled guy, very
honest and ethical. I worked amicably with him.’” (Legal
Times, June 25, 2001.)
* Leonard F. Joy, Attorney-in-Charge, Federal Defender Division,
Legal Aid Society of New York
“Over Miguel’s tenure in the United States Attorney’s
Office, we became good friends and frequently had lunch together.
He has a good sense of humor and never had an ivory tower approach
to life. It is fair to say that all the lawyers in my office liked
him. Many of them are liberal in their politics and it is a credit
to Miguel that he was able to get along with people who may have
had different views than he. I think Miguel would make an excellent
Circuit Court Judge. He is as fine a lawyer as I have met and, on
top of all his intellectual abilities and judgment he would bring
to bear, he would bring a desirable diversity to the Court. I heartily
recommend him.” (Excerpt of Letter to Senator Leahy, September
16, 2002.)
* Robert S. Litt, Deputy Assistant Attorney General for President
Clinton
“I disagreed with Mr. Estrada on a number of the issues that
we faced, but I have no doubt that his positions were sincerely
held and honestly advocated.... I never felt that the arguments
he made were in any way outside the scope of legitimate legal analysis....
While I may disagree with some aspects of Mr. Estrada’s legal
philosophy, I believe that he is eminently qualified to serve on
the Court of Appeals.” (Excerpt from Letter to Senator Leahy,
August 28, 2002.)
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MIGUEL ESTRADA
Responses to False Allegations
ALLEGATION: Because Estrada has no judicial experience, he should
not be confirmed.
FACTS:
* Those making this claim are employing a double standard.
* Five of the eight judges currently serving on the D.C. Circuit
had no previous judicial experience. That includes two of President
Clinton’s nominees, Merrick Garland, whose Justice Department
record was quite similar to that of Miguel Estrada, and David Tatel.
That also includes Chief Judge Harry Edwards, who was appointed
by President Carter in 1979 (when Edwards was younger than Estrada
currently is).
* Indeed, two recent Supreme Court Justices – Byron White,
nominated by President Kennedy, and William Rehnquist, currently
the Chief Justice -- had no prior judicial experience when appointed
to the Supreme Court.
* The American Bar Association, which Democrat Senators Leahy and
Schumer have referred to as the “gold standard,” unanimously
rated Estrada “well qualified” for the D.C. Circuit,
the ABA’s highest possible rating.
* Estrada has argued 15 cases before the Supreme Court and was
a member of the Solicitor General’s office in both the Bush
and Clinton Administrations. He also has been a highly respected
federal prosecutor in New York.
ALLEGATION: The Administration has refused to produce memoranda
that Estrada wrote when he was an Assistant to the Solicitor General.
FACTS:
* Again, a double standard is being applied to Miguel Estrada.
These confidential attorney-client memos were not requested for
the seven previous nominees to the Courts of Appeals who had worked
in the Solicitor General’s office.
* In addition, every living former Solicitor General – Democrat
and Republican – signed a joint letter to the Committee, stating
that this request would have a debilitating effect on the ability
of the Department of Justice to represent the United States before
the Supreme Court. The letter was signed by Democrats Archibald
Cox, Seth Waxman, Drew Days, and Walter Dellinger.
ALLEGATION: Estrada’s memoranda would be particularly important
in light of a critical comment about him made by former Clinton
Administration Deputy Solicitor General Paul Bender.
FACTS:
* Estrada received an “outstanding” rating in every
performance category in the years that he worked in the Solicitor
General’s office. In the two years when Mr. Bender and Mr.
Estrada worked together, the reviews were signed by Mr. Bender.
(All ratings during those years were then reviewed and approved
by Solicitor General Days.)
- In the contemporaneous performance reviews, Mr. Bender stated
the following about Mr. Estrada to support his judgment that Mr.
Estrada’s performance was “outstanding.”
- “states the operative facts and applicable law completely
and persuasively, with record citations, and in conformance with
court and office rules, and with concern for fairness, clarity,
simplicity, and conciseness.”
- “[i]s extremely knowledgeable about resource materials and
uses them expertly; acting independently, goes directly to the point
of the matter and gives reliable, accurate, responsive information
in communicating position to others.”
- “[a]ll dealings, oral, and written, with the courts, clients,
and others are conducted in a diplomatic, cooperative, and candid
manner.”
- “[a]ll briefs, motions or memoranda reviewed consistently
reflect no policies at variance with Departmental or Governmental
policies, or fails to discuss and analyze relevant authorities.”
- “constantly sought for advice and counsel [and] inspires
co-workers by example.”
* Estrada’s superiors and colleagues have stated that Estrada’s
work in the Solicitor General’s office was superb and that
he was a well-respected colleague.
- Seth Waxman, who was President Clinton’s Solicitor General,
wrote that Estrada is a “model of professionalism and competence”
and that he has “great respect both for Mr. Estrada’s
intellect and for his integrity.” He continued: “In
no way did I ever discern that the recommendations Mr. Estrada made
or the views he propounded were colored in any way by his personal
views – or indeed that they reflected anything other than
the long-term interests of the United States.”
- A bipartisan group of 14 colleagues from the Office of Solicitor
General wrote to the Committee that Estrada “would be a fair
and honest judge who would decide cases in accordance with applicable
legal principles and precedents.”
ALLEGATION: In private practice, Mr. Estrada defended anti-loitering
laws that civil rights groups have attacked.
FACTS:
* In private practice, Estrada’s primary pro bono work was
to defend a death row inmate in the Supreme Court seeking to overturn
the death sentence.
* Estrada was retained to defend the constitutionality of anti-gang
ordinances, which were enacted in Chicago with the strong public
support of Democrat Mayor Daley, after Estrada was contacted by
the Democrat City Solicitor of Chicago.
ALLEGATION: Estrada does not have support in the Hispanic community.
FACTS:
* Estrada has overwhelming support among Hispanic organizations
and in the Hispanic community. For example, the League of United
Latin American Citizens (which is the country’s oldest Hispanic
civil rights organization), the Hispanic National Bar Association,
the U.S. Hispanic Chamber of Commerce, the Hispanic Business Roundtable,
the Latino Coalition, and many other Latino organizations strongly
support Estrada.
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NO MORE STALLING; IT'S TIME FOR THE SENATE TO CONFIRM MIGUEL ESTRADA
By Alberto R. Gonzales, Counsel to the President
Washington Post, September 26, 2002
After 16 months of delay, the Senate Judiciary Committee will hold
a hearing today on Miguel Estrada, one of President Bush's nominees
to the U.S. Court of Appeals for the D.C. Circuit. Estrada is superbly
qualified for the job and would be the first Hispanic to serve on
that court, which some consider to be the second-most-important
federal court in America after the Supreme Court.
His extraordinary intellect, experience, integrity and support
normally would mean a swift Senate confirmation -- particularly
given the historic nature of the nomination. But some Senate Democrats
have deemed Estrada controversial and are apparently threatening
to block his confirmation. Sen. Charles E. Schumer (D-N.Y.) stated
last April: "From my perusal of the record, [Estrada] is way
out of the mainstream." I do not know what record Schumer could
have been referring to. Estrada has not been the author of controversial
opinions or articles, nor has he spoken out on divisive issues.
He is not a politician or an interest-group leader who has sought
to make policy. What he has done is serve, in a variety of public
and private capacities, as a brilliant and careful lawyer devoted
to the courts and the law.
But in the current political atmosphere, some nominees are not
being assessed by the traditional standards of quality and ability
to follow the law as a judge, but rather are being delayed or outright
blocked because of distorted analyses of their perceived policy
or personal views. As the president, the chief justice and the American
Bar Association have stated, every judicial nominee deserves a prompt
hearing and fair vote -- no matter who is president or which party
controls the Senate. In the words of the ABA, "Vote them up
or down, but don't hang them out to dry." It is past time for
the Senate to act on a bipartisan basis to institute a fair and
timely judicial confirmation process that will endure well into
the future.
The problems in the judicial confirmation process have gone beyond
mere delay, however. Even after hearings, for example, the Senate
Judiciary Committee has refused to allow full Senate votes on well-qualified
nominees -- despite the fact that the president's nominees would
be confirmed if they received a full Senate vote. Single-issue Washington
interest groups have played an unfortunate role in the process,
moreover, by distorting records, leveling unfair charges and ignoring
bipartisan support for the president's nominees.
That Estrada could be seen as controversial is an example of this
regrettable trend. By any reasonable standard, he is an American
success story. He came to this country as a teenager from Honduras
speaking little English. He attended Columbia College and Harvard
Law School, graduating with honors from both. He clerked for Justice
Anthony M. Kennedy on the Supreme Court, served as an assistant
U.S. attorney in the Southern District of New York and has worked
at leading law firms in New York and Washington. He spent five years
-- four during the Clinton administration -- in the U.S. solicitor
general's office, which represents the United States before the
Supreme Court. Estrada has argued 15 cases before the high court
and is well known for his written and oral advocacy.
While in private practice, he devoted hundreds of hours -- for
free -- to the representation of a death row inmate before the Supreme
Court. Estrada's co-counsel in that case has written to the Senate
that "[o]ne would not expect the defense of a death row inmate
to become the legal mission of a strong political conservative."
Estrada's decision to involve himself in that case demonstrates
his devotion to the rule of law.
Estrada also has tremendous bipartisan support. He received a unanimous
"well qualified" rating -- the highest possible -- from
the ABA, which Schumer and Democratic Sen. Patrick J. Leahy (Vt.)
have referred to as the "gold standard" for evaluating
judicial nominees. A number of prominent Hispanic organizations
have supported Estrada and urged the Senate to treat him fairly.
He is supported by leading Democratic lawyers, including Ron Klain,
who served as chief of staff to Vice President Al Gore, and by high-level
officials of the Clinton Justice Department.
Former colleagues in the solicitor general's office also have publicly
praised Estrada. Seth Waxman, solicitor general under President
Clinton, has written to the Senate that he has "great respect
both for Mr. Estrada's intellect and for his integrity" and
that he is "a model of professionalism and competence."
A bipartisan group of 14 former colleagues who served with Estrada
in that office wrote to the Senate that Estrada "would be a
fair and honest judge who would decide cases in accordance with
applicable legal principles and precedents."
Few lawyers in the United States have the combination of intellect
and experience that Miguel Estrada will bring to the D.C. Circuit.
A mainstream nominee who has exhibited throughout his career the
integrity and temperament to be a superb appeals court judge, a
Hispanic immigrant who has risen to the peak of the legal profession,
Miguel Estrada is an inspiration to Hispanics and to all Americans.
The Senate should confirm him promptly.
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