Historic Nomination: Diane Humetewa Would Be First Native American Woman On Federal Bench

A historic nomination by President Obama is being considered by the Senate Judiciary Committee: Diane Humetewa is poised to become the first Native American woman on the federal judiciary. Humetewa is a highly qualified nominee with bipartisan support. She was nominated by President Obama with Senator McCain ’s recommendation to serve on the federal judiciary and was previously appointed by President Bush as the U.S. Attorney for the District of Arizona.

The Senate Judiciary Committee had Humetewa’s confirmation hearing on January 29, and her committee vote has been scheduled for this Thursday, February 13. But there is already a growing line of nominees stalled on the Senate floor unable to get a confirmation vote. On January 29, 29 nominees were stalled, and by February 6 the waiting list grew to 32 nominees who are stuck at Senate floor step in the confirmation process. Humetewa and her five fellow Arizona nominees will be added to the end of this already unacceptably long line.

In the meantime, Arizona needs qualified judges like Humetewa to fill its six federal judicial vacancies

If Diane Humetewa is confirmed, she will be the:

First Native American woman to serve as a judge in a federal court;

Third Native American to be a federal judge; and

Only Native American in active service on the federal bench.

Diversity on the federal bench is always important, and Indian legal advocates and tribal leaders have emphasized the need for federal judges who understand Indian Law in particular.

Many Americans know little more about the complexities of Indian tribal laws—and their unique relationship to state and federal laws. Indian sovereign authority, recognized by federal law, extends to the Indian tribal courts that adjudicate Indian affairs-related matters. Some law firms have a specialized practice area in Indian law. Some law schools, such as Arizona State University’s Sandra Day O’Connor College of Law where Humetewa is a professor, have an Indian legal program “to promote an understanding of the differences between the legal systems of Indian Nations and those of the state and federal governments.”

“Indian legal experts have long said that tribal law gets shortchanged in the federal legal arena because so few judges are well-versed and experienced in it. This is one reason why federal cases are often harmful to tribal and Indian interests, according to many tribal analyses,” reported Indian Country Today after Republican Senators blocked Avro Mikkanen, a Native American previously nominated by President Obama to the federal judiciary.

The National Congress of American Indians applauded the nomination of Diane Humetewa and particularly noted her firsthand experience in federal Indian law. Humetewa’s Indian law background includes her work as an attorney on the U.S. Senate Indian Affairs Committee and an Appellate Judge on the Hopi Appellate Court.

This is an important nomination for which President Obama—and all Americans—should be proud. The Judiciary Committee should act expeditiously on this opportunity to make this federal judicial nomination a historic confirmation. That means that Republicans should not demand a needless delay in the committee vote as they have done in all but five cases since Obama became president.  It also means the full Senate should finally be allowed to hold confirmation votes on the 32 nominees ahead of Humetewa and her fellow Arizonans.

PFAW