Schumer Goes for Diversity

With Justice Sotomayor ensconced as the "first Hispanic" (Cardozo notwithstanding) on the Supreme Court, there seems to be a new premium on diversity in judicial nominations, at least in New York. Senator Schumer dropped two suggestions today: Raymond Lohier for the U.S. Court of Appeals for the Second Circuit and Daniel Alter for a position on the U.S. District Court for the Southern District. Mr. Schumer described Mr. Lohier as "a proud Haitian American...who would enhance the diversity of the federal bench," and the senator described Mr. Alter as "a history-maker who will be the first openly gay male judge in American history," which will come as news to federal judge Vaughn Walker, who was named to the bench by President George H.W. Bush. My friends and relatives on the bar, whose opinion counts for a lot in my book, say Mr. Alter is one of the best lawyers in the city, identity politics aside. Still, follow this logic all the way to its conclusion, and maybe Mr. Schumer should step aside for a Haitian American or openly gay senator. Or an openly gay Haitian American senator. We're all for a diverse bench, but somehow it seemed less of a priority for Senator Schumer when it was Miguel Estrada who was being nominated.