Today’s Newsday has this story about the diversity of the justices on New York’s highest court. The article quotes governor-elect Eliot Spitzer as saying, “race won’t be a factor” when it comes to considering potential nominees to the New York Court of Appeals.

“I would never say there needs to be representation based upon race,” Spitzer said Thursday. “I think we are fortunately past that. Do I value diversity? Absolutely. But I don’t think you say there needs to be representation of any race. I think that would diminish those who would be appointed to that set of rules.”

“I totally agree,” said David Paterson, who is the black lieutenant governor-elect who ran with Spitzer. “I never wanted race to be a factor in the choices.”

He said with 55 appellate division judges and just two African Americans and two Hispanics, “under the current system I think race is a factor … so hearing race isn’t a factor is a relief for me.”

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This earlier post discusses Governor Pataki’s brush with the diversity of the court last October.