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Why Did Orrin Hatch Say 'No' To Sonia?

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   Knowing Senator Orrin Hatch as I do, I know he meant it when he said he struggled over voting against the appointment of Judge Sonia Sotomayor for the U.S. Supreme Court.

   When I first met the then-young Senator from Utah 30 years ago, I argued with him over affirmative action; so much so that he asked me to join his staff on the Labor and Human Resources Committee that he chaired. It was a time when there was a growing backlash and national polarization over affirmative action.

   Since then, we have become close friends. Periodically he still asks for my advice on policy matters. Sometimes he gets it even when he doesn’t ask. Ours is that kind of a relationship.

   Shortly after I joined his staff in 1981, Senator Hatch proceeded to conduct an unprecedented seven days of hearings on affirmative action, spread from July to September. For the first time, the hearings were balanced with employers and advocates of civil right, all making their recommendations on the question of how best to pursue two important national goals:

   1. “to eliminate discrimination,” and

   2. “to increase employment opportunities for women and minorities,”

   That was the initial intent of the Executive Order 11246.

   Senator Hatch found that there was resounding support for renewing those two important national goals.

   Seeking their involvement allowed him to establish working relationships with civil rights organizations, especially groups such as the League of United Latin American Citizens, American GI Forum, National Council of La Raza and Mexican American Legal Defense and Educational Fund.

   He became one of the strongest U.S. Senators in advancing the interests of Latinos on Capitol Hill. He later became the leading Senator in advocating for more Latino appointments to presidential and White House positions. By my recollection, his persuasive powers paved the way for, among others, two Equal Employment Opportunity Commissioners, and counsel to the EEOC and Department of Labor. He was key in having established the Executive Order that created the President’s Advisory Commission on Educational Excellence for Hispanic Americans.

   In addition, he created the Republican Senate Advisory Committee that influenced GOP colleagues on critical issues affecting Latinos. In 2005, he introduced the Dream Act, a bill that would allow bright, young high school graduates who had been brought to the United States by undocumented parents to obtain legal status and pursue a higher education.

   Senator Hatch has a reputation for standing up for those in need. He’s been an advocate for women’s rights and legislation that supported programs regarding HIV initiatives.

   Until now, he has voted to confirm all Supreme Court nominees, including those who may have differed with him on public policy positions such as anti-abortion. He was quick to stand up for stem cell research when others hesitated.

   Knowing Senator Hatch’s extensive history of supporting efforts and appointments to key national positions regarding Latinos, his struggle in deciding not to support Judge Sotomayor to the Supreme Court had to be a tough call. I’ve seen him stand alone, against his party.

   I do not claim to know how and why he came to his decision on Sonia Sotomayor. I do know it was not based on race or gender or to gain political capital. The easy thing would have been to support her appointment.

(In his diverse career in public service, John Flórez worked for the National Urban Coalition, as staff to U.S. Senate Labor Committee, and Deputy Assistant Secretary of the U. S. Department of Labor. He was the first director of the President’s Commission on Hispanic Education and founder of Latino betterment organizations in Utah. Currently he writes a regular column for The Deseret News in Salt Lake City and contributes commentaries to Hispanic Link News Service on national issues that uniquely affect the country’s 50 million Hispanics.)

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