The Estrada Filibuster Lesson
By Trevor Bothwell (02/17/03)
After a week of speculation, it looks like the Democrats are content to filibuster the nomination of Miguel Estrada to a seat on the D.C. circuit court. While it’s unfortunate that all the war coverage is precluding the media from attending in any meaningful way to the Estrada filibuster, don’t be so sure we’d see this mentioned above the fold in many of the nation’s dailies even if we weren’t preoccupied with Saddam Hussein.
Whether intentional or not, all the current interest being paid to international victims -- Iraq, North Korea, Germany, France, the U.N. -- certainly provides great cover for Democrats as they seek to kill the nomination of the first Hispanic to be recommended to the second most important court in the land. That’s right. The Party of the People suddenly doesn’t want to play the race card.
So why are Democrats so eager to filibuster the first interior court nominee in history? Is it because Miguel Estrada is a true American success story, immigrating to the United States from Honduras at the age of seventeen? Because he graduated with honors from Columbia University and Harvard Law School (before liberal affirmative action admission policies helped to water down these accomplishments)? Because he was editor of the Harvard Law Review, or perhaps because he was given unanimous outstanding reviews by the American Bar Association?
Make no mistake, Miguel Estrada should not be nominated to the D.C circuit simply because he is Hispanic. Nor should he be granted a vote on the Senate floor just so Democrats can avoid accusations of filibustering the first Hispanic nominated to this position. He should be granted a vote because he possesses legal credentials and experience that most lawyers can only wish for.
Which is why the Democrats’ motives are so transparent. Content to exploit race when it serves to cast minority votes their way, Democrats have shown they couldn’t care less about minorities who don’t adhere to their liberal doctrine. Miguel Estrada is known to be conservative, although he has been recommended by Seth Waxman, who held the position of Solicitor General under President Clinton. And when asked how he would rule on certain legal issues, particularly on abortion, Democrats allege that he refused to answer their questions.
Hard to believe, isn’t it, that an esteemed lawyer who has likely fought against proponents of abortion-on-demand and has been wise to the salacious manipulation of the abortion lobby would hedge when put on the spot by senators looking for only one “correct” answer to such a question. What should instead be more readily apparent and telling are the true motives of the Democratic Party in seeking answers to questions such as these. Though they’ll never admit it, they don’t care to appoint a judge to a federal bench who is likely to adhere to the Constitution nearly as much as they wish to confirm judges who will legislate from the bench and uphold the liberal creed.
Let the Democrats filibuster Miguel Estrada through the President's Day recess. Sen. Bill Frist has already made it clear that Republicans are ready to talk as long as it takes to garner a vote on their nominee.
Sen. Orrin Hatch spent the greater part of last Wednesday evening again defending Estrada, rebutting every frivolous concern the Democrats waged to delay a vote. As Sen. Hatch repeated time and again, it is honorable for Democrats to vote against Miguel Estrada if they disagree with his record or reserve concerns regarding his ability to perform his potential duties. But what is not honorable, what is simply wrong and unfair, is to deny the man a Senate vote; at the very least he has earned that much.
While this Democratic performance is shameful, their filibuster is nonetheless exciting. It forces both sides to go head to head, laying ideology on the table, for everyone to see. It is a test of wills, a stand on principles, and it will force everyone in the country to pick a side.
So I say let the Champions of Diversity, of affirmative action policies and racial set-asides, filibuster a minority candidate who has worked his way to the top without their help. Let the Democrats show that they only care about minorities when they are able to take advantage of them to serve their own selfish political agendas.
But most of all, let us hope the entire nation takes notice of these Democratic shenanigans. This behavior is the true definition of bigotry.
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