If Barbara Lagoa is Trump's pick for the Supreme Court, it will forefront a subject that roiled the presidential election in 2000 — Elian Gonzalez.

I'm reading "Lagoa’s Role in Florida Will Be a Big Factor in Trump’s Supreme Court Pick/Judge Barbara Lagoa lacks some of the usual credentials of a Supreme Court justice, but her roots in the Cuban-American community could make her an attractive choice for President Trump" (NYT).

Ms. Lagoa represented a relative of a 5-year-old boy found off the Florida coast after his mother had drowned trying to cross over from Cuba. His name was Elián González. Federal agents would eventually seize Elián and return him to his father in Cuba, setting off political shock waves that arguably cost former Vice President Al Gore the 2000 presidential election when he lost Florida.

“After six months, countless briefs, a few all-nighters, two oral arguments and one midnight raid by armed commandos, we learned what it was like to lose,” Eliot Pedrosa, another lawyer on the team, said at a ceremony last year when Judge Lagoa joined the Florida Supreme Court. The experience of “watching armed federal agents use force to pre-empt process,” he said, was “seared into her soul.”...

The Cuban-American community admired her work on Elián’s case, taking issue with the federal government’s position that the boy’s father, Juan Miguel González, was his sole legal guardian and had the right to make the decision to have him returned to Cuba. Also playing a role was a young lawyer named Brett M. Kavanaugh, now a Supreme Court justice himself, who represented the boy’s Miami relatives when they needed someone to work on a federal appeal....

Here's a March 10, 2000 NYT article that mentions Lagoa, "Federal Judge Fails to Rule On Fate of Cuban Youngster":

If Trump nominates Barbara Lagoa to replace RBG, will Democrats make the "second Latina" argument? I see 2 big problems!

"An effort to install a second Latina on the high court would immediately raise the stakes of a nomination fight that quickly became a clash over principles of fairness and democratic legitimacy."

I just wanted to isolate that sentence, which appears in the middle of a Washington Post article by Isaac Stanley-Becker and Aaron C. Davis and called "Barbara Lagoa, Cuban American judge, rises on Trump’s Supreme Court list as allies emphasize Florida campaign edge."

First, I see that word "install," which I blogged about at length when we saw it in the text of Ruth Bader Ginsburg's dying wish: "My most fervent wish is that I will not be replaced until a new president is installed."

As I explained at the time, "install" was not the normal word to use in the context of a new American President taking office. I won't be surprised to see a sudden vogue for "install." I'll be watching.

But that's not my motivation for writing this post. I want to talk about "a second Latina." Is this the incipient attack on Lagoa? We already have a Latina on the Court, so Trump, in a ham-handed attempt to do diversity, has failed! He would grossly over-represent Latinas on the Court!

Is that the attack they'd use or that they're testing right now or pretending that they'd use in order to scare Trump away from what would, in fact, be an excellent choice?

There are 2 big problems with the "second Latina" argument.

1. The "first Latina" is Sonia Sotomayor, who was born in the Bronx to parents who were born in Puerto Rico. Barbara Lagoa was born in Miami to parents who fled Cuba. You can group them together under the word "Latina," but if you care about diversity, you shouldn't be arguing that the proposed "second Latina" is just a repeat of an ethnicity already represented on the Court.

2. The "second Latina" argument radically exposes the problem with choosing people because of their ethnicity. You're saying just get one and then you've covered that group and you don't need another. This idea limits opportunities for those in the groups that you've posed as caring about. You're saying: We've got our Latina, so we don't need another; we can get back to hiring the type of person we always preferred.

I don't know if Trump will pick Barbara Lagoa, but I'll be very interested to see if Democrats unleash the "second Latina" argument. It's dangerous, and it should go horribly wrong.