David,
Excellent point about Estrada. Regardless of him being Hispanic, the Democrats took the political process to a new low by filibustering his appointment. The Estrada filibuster was the first time that a Circuit Court appointee had ever been filibustered. The Democrats by not allowing a vote on Estrada, blocked a chance to have the first Hispanic serve on the DC Circuit.
There are some things that just aren’t supposed to be done, and filibustering an appellate court judge is one of them. The Senate’s role is to provide advice and consent–it isn’t to go so overboard that it undermines the President’s appointment powers. There also is the unwritten rule that the Senate should respect the fact that whomever is the President has won the right (by being elected) to shape the federal courts.
I hope the Republicans take the high road (which they probably won’t) and do what is right. That means no litmus tests for Sotomayor. It also means no filibustering. The Republicans by taking this action can help improve the political environment, and also not be a bunch of hypocrities. This doesn’t mean they should support her appointment, but they shouldn’t stoop to the level the Democrats have when it comes to judicial appointments.
