We live in a historic time for America. As the winds of political change blow, dispersing the seeds that will soon yield a transformed and better America, I sometimes wonder whether we Americans who are of Hispanic heritage will choose to plant trees and watch their seeds spread wide in the open field or stay at home and close down our shutters.  One of the most precious gifts given to us by our Founding Fathers, reinforced by Chief Justice John Marshall in 1803 in Marbury v. Madison was an independent judiciary to interpret and guard the Constitution.  An effective and respected judiciary is one of the many things that set us apart from the rest of the world.  Where else do you see heads of state, governors, chief executive officers of multinational companies and millionaire celebrities being forced to respect the rule of law and having to pay the consequences of their actions?  True, the system is not perfect and has not always worked, but compared to the rest of the world, I believe our judicial system is the best. 

            No one can deny the value of diversity in all aspects of American life and its great relevance as we compete in the global economy.  We are one nation, one people, built out of many.  It follows then that an institution as important as the Judiciary, an equal branch of our government, should reflect the diversity of America.  Yet, despite our numbers, our increasing integration into the American mainstream and our growing economic influence, the United States Supreme Court lacks a Hispanic American.  Our Latino bar associations, local and national, have worked hard for decades to achieve the dream of a Latino or Latina in the Supreme Court.  I know because I participated in those efforts. The list of qualified Latinos and Latinas—jurists and lawyers—is not short and fortunately, continues growing. 

            Should there be a “Hispanic” seat in the Court?  No. Quotas and  tokenism are 20^th Century; they have no place in this new century. But in a country where the largest minority group is Hispanic, where an additional 12 million undocumented immigrants are mostly Hispanic, carrying on their shoulders the heavy weight of much of our economy, where families are separated because of their national origin and language, a new perspective, a new voice in the Supreme Court is needed.  What better new perspective, what better new voice than that of its largest minority group?

The challenges facing this nation are daunting--from foreign policy and a failing educational system to immigration and the fast erosion of our civil liberties.  This country needs someone in the Court who understands what it is like to choose to be an American and the pain, sacrifice, tears and hard work which is worth that most coveted citizenship; someone who speaks another language and sees the world with a cultural prism; someone who understands why Latino children are failing in schools and dropping out of high school in record numbers; someone who can convince others that we Latinos are not foreigners--we are Americans.

            The next president may well decide the future of the Court for decades to come, both in terms of racial and ethnic composition and judicial philosophy. Six of the nine justices are more than 68 years old. Justice John Paul Stevens, 88, and Ruth Bader Ginsburg, 75, could retire soon.  Whoever the next president will be, the Hispanic community cannot let this opportunity pass.  Our vote must be directly tied to our right to be represented in the third branch of government. 

            Within the “audacity of hoping”, I am sure there must be plenty of room to dare ask both presidential candidates for a firm commitment to appointing a Hispanic American to the Supreme Court.  The winds of change must blow high enough to reach the highest court in the land.