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Hispanic Judge Garza Elevated As Prime Supreme Court Candidate By Conservative Groups

WASHINGTON, D.C., July 5, 2005 (LifeSiteNews.com) – With George W. Bush’s history of consciously appointing minorities to political offices, many are looking to two prominent Hispanics as the leading contenders for the Supreme Court nomination to fill the current vacancy. Not only has the Supreme Court yet to include a Hispanic member, but the growing Hispanic vote is being increasingly looked upon as vital to political success in the United States.

The first potential, Judge Emilion Garza, described by Express-News writer Maro Robbins as “gracious, hardworking, churchgoing, and forthright”, is a professed pro-lifer, a constructionist, and is being touted by conservative groups as the “anti-Gonzalves”. Alberto Gonzales, currently the Attorney General, is the other Hispanic prospect.

With a history of anti-life opinions and judicial decisions Alberto Gonzales is being denounced by conservatives as the wrong man for the job. Were it not for his past close relationship with Bush, many believe that he would not be considered for nomination at all. However, Gonzales received an unexpected endorsement from Bush earlier this week when the president responded to conservative rhetoric. "Al Gonzales is a great friend of mine," Bush told USA Today. "When a friend gets attacked, I don't like it."

However, friend or no friend, conservatives clearly have a point when they say that Garza much more closely fits the criteria that Bush has outlined in the past about the preferred nature of his judicial nominees. Others have pointed out that Gonzales' record doesn’t fit the conservative mold of Justices Antonin Scalia and Clarence Thomas, whom Bush has repeatedly cited as models for his choice of a nominee to the high court.

In the past Bush has spoken of his desire for a Justice who will “strictly interpret the Constitution" and "not use the bench to write social policy.” Bush has also indicated that he would nominate “strict constructionists” and has said that “I will continue to appoint federal judges who know the difference between personal opinion and the strict interpretation of the law.”

A constructionist is defined generally as one who remains faithful to the Constitution and the intentions of the Founders. On those occasions where Garza has explained his political philosophy it has always been constructionist in nature.

In one ruling on an abortion-related case that came before him as a circuit judge Garza complained “The Constitution says absolutely nothing about [abortion]” and expressed his belief that past judicial abortion cases have been “about power”.  He continued, lamenting judicial activism which surpasses mere Constitutional interpretation saying, “I believe that ontological issues such as abortion are more properly decided in the political and legislative arenas.”

On this particular occasion, however, Garza ultimately ruled to strike down a relatively strict Louisiana abortion law that limited the procuring of abortions except to save the life of the mother and in cases of rape or incest. Garza explained his motivation, saying “Mindful, however, that the Constitution invests the Supreme Court with the final say, I defer to the Court’s authority and concur in the majority opinion.”

In an uncharacteristically colourful and passionate caveat attached to the ruling, however, the notoriously quiet and unassuming Garza deplored the fact that “For the second time in my judicial career I am forced to follow a Supreme Court opinion that I believe to be inimical to the Constitution.” 

He also complained that “the people’s Constitution – at least as to unenumerated constitutional rights – has become the Court’s Constitution.”.

Furthermore, during a time when the chances that Roe v. Wade will be revisited in the Supreme Court appear to be increasingly likely, it is especially interesting to conservative groups that Garza has twice denounced the Court’s decision in the case, indicating that Roe v. Wade ought to be overturned.

Pro-Choice America is setting up a web page solely dedicated to stopping Garza from being nominated: its address is http://www.stopgarza.com.

JJ

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