Based on Juan Non-Volokh’s analysis of Estrada’s Hispanic-ness being essential to the filibuster, I have to conclude that both parties concur about (or in?) one point. There is a bipartisan consensus that there is an implied Hispanic quota for the SCOTUS, which will require that a vacancy on the court be filled by a Hispanic judge (should such vacancy occur, and not through Thomas’s stepping down).

The quota paradigm must be dominating senatorial thinking on this, too. Every (appointed) federal body must look like America?

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