the buzz log

Sonia Sotomayor, President Barack Obama's pick to fill David Souter's seat, could be the first Hispanic justice on the Supreme Court. That is, unless legal scholars get picky about defining one Benjamin Cardozo as Hispanic.

Legal-minded searchers haven't forgotten Justice Cardozo, who sat on the bench from 1932 to 1938. But his Portuguese heritage gives him the ethnicity asterisk: The Washington Post calls him the "disputed Justice Benjamin Cardozo" on the subject, although outlets like National Journal and The Wall Street Journal ask if Herbert Hoover beat Obama to the historic punch.

Hispanic civil rights organizations like The Mexican American Legal Defense and Educational Fund and National Council of La Raza are calling Sotomayor "The One." Columnist Ruben Navarrette hedged his bets earlier this month by paying his respects to the "New Yorker of Portuguese heritage" and then calling for a fresh Latino face.

So does Cardozo deserve his place in identity-politics history? Let's look at his lineage, courtesy of his biographer: The Portuguese part of his Portuguese and Jewish ancestry is the stuff of "family legend," but without firm documentation. His forebears do boast names like Mendes, Gomez, Riveiro, and Navarro. Plus, they went a roundabout route via the Netherlands and merry ol' England before heading to the 13 colonies.

Of course, the whole "Hispanic" question itself can be a little messy: The Census outlines the term's definition, then gets a little vague on the matter by leaving people to self-identify. National Journal took a shot at defining the demographic when George W. Bush had to find someone to fit the black robes (No. 43 appointed John Roberts and Samuel Alito during his term).

Whatever Cardozo's heritage, at least his fascinating history gets a second look. According to Wikipedia, he was apparently so well-regarded that Justice Harlan Fiske Stone offered to resign to make room for him. And not only was he a Democratic appointed by a Republican president, but he was a twin. That ought to be a first.

As for Puerto Rican Sotomayor, the woman who grew up in a Bronx housing project gets to be the first Latina considered for the highest court in the land. That's almost better than her earlier title as the "Baseball Savior." Almost.