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Press Release

Bush misses another opportunity to nominate a Hispanic to the Supreme Court
LULAC organizational leaders to develop Diversity Score Card on Judicial Appointments, questioning Bush’s commitment to diversity

October 31, 2005

Contact: Brenda Alvarez, (202) 833-6130

Washington, DC—The League of United Latin American Citizens (LULAC) expressed today its frustration over President Bush’s nomination of Judge Samuel A. Alito Jr. to the U.S. Supreme Court.  This is the third opportunity Bush has missed to diversify the court by not naming a Hispanic to the seat.  It is clear to LULAC officials that Bush has misled the Hispanic community by not keeping his promise of being a Hispanic-friendly president in the courts.

The actions of the Bush Administration unequivocally demonstrate a president with only a political interest in the Hispanic community.  During the president’s first term, the numbers of Hispanic appointments rose to 10%.  Since then, the numbers have waned.  Furthermore, Bush has not moved forward with a comprehensive immigration reform plan and has neglected the opportunity to end the 216-year shut out of Latinos on the Supreme Court – a major let down to the Hispanic community. 

LULAC will closely research Samuel A. Alito’s record and encourage a thorough and vigorous confirmation process.  To educate the Latino community, LULAC will develop a Diversity Score Card on Judicial Appointments that will examine Bush’s commitment to diversity. 

“President Bush has had three opportunities to name a Hispanic to the Supreme Court.  We will no longer be fooled by the president or his administration into believing the Latino community is of top concern,” said Brent Wilkes, LULAC national executive director.  “The Diversity Score Card on Judicial Appointments will be used to educate our communities on the lack of diversity under this administration, highlight candidates who are committed to diversifying our government, and lead voters to the polls so they may elect diversity-friendly candidates.” 

Cases of concern presided under Alito are those related to immigration and Spanish language.  In the Pemberthy v. Beyer case, Alito seemed amenable to peremptory juror challenges based on race or ethnicity and found persuasive a prosecution argument that Spanish-speaking members on a jury could be barred because they might substitute their own interpretation of Spanish testimony and transcripts as opposed to relying on the official English translation. 

With respect to immigration, Alito seems ready to depart from his colleagues and order immigrants to return to their home countries despite fears of persecution that his colleagues on the panel found credible or at least worthy of investigation.  In the Lee v. Ashcroft case, Alito would have broadened Congress’s determination that tax evasion was a deportable offense to include the filing of false returns as such an offense.  The majority said that Alito was ignoring well-established rules of statutory construction by speculating on Congress’ intent.

The League of United Latin American Citizens (www.lulac.org) is the oldest and largest Latino civil rights organization in the United States.  LULAC advances the ­economic condition, educational attainment, political influence, health, and civil rights of Hispanic Americans through community-based programs operating at more than 700 LULAC councils nationwide.

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