The Washington Post ran a story yesterday about President Obama's successful push to bring greater diversity to the federal courts. The story quoted a conservative activist who accused the White House of "lowering their standards" in order to find diverse nominees and a Republican aide who claimed that the White House's focus on diversity would "override the substantive qualifications of the nominees."
Leslie Watson Malachi, Director of African American Religious Affairs at People For the American Way, responded with the following letter to the editor:
To the editor:
Regarding the March 3 story, “Obama pushing to diversify federal judiciary amid GOP delays.”
One of President Obama’s most significant, but least noticed, achievements has been his effort to bring more women and people of color to the federal bench. Last week, the U.S. Supreme Court showed us just how critical that effort is.
In oral arguments on Shelby County v. Holder, the challenge to Section 5 of the Voting Rights Act, Justice Antonin Scalia declared that the renewal of voting protections for people of color simply amounts to a “racial entitlement.” Justice Sonia Sotomayor, the first Latina on the Supreme Court, promptly contradicted him.
Scalia’s arrogant dismissal is echoed by the conservative activist who tells the Post that the White House may be “lowering their standards” in nominating women and people of color and the GOP aide who worries that a focus on diversity would “override the substantive qualifications of the nominees.”
President Obama hasn’t had to choose between qualified nominees and diverse ones. Instead, he’s chosen judges and justices like Sotomayor: excellent nominees from diverse backgrounds, all of whom have earned their way to judgeships for which they are eminently qualified.
LESLIE WATSON MALACHI
DIRECTOR, AFRICAN AMERICAN RELIGIOUS AFFAIRS
PEOPLE FOR THE AMERICAN WAY
On Friday, the Supreme Court agreed to hear two landmark cases on marriage equality. Yesterday, Justice Antonin Scalia reminded us again why gay rights advocates, to put it mildly, aren’t counting on his vote.
Scalia is the Supreme Court’s most outspoken opponent of gay rights. He led the dissent to the two major gay rights decisions of his tenure on the Court, the decisions to strike down Texas’ criminal sodomy law and to overturn Colorado’s ban on local anti-discrimination measures. And in his spare time, he minces no words about his uncompromising opposition to gay rights. Here are seven of his most egregious anti-gay statements:
People For the American Way has been stressing the enormous importance of the Supreme Court in the next election, emphasizing that if Mitt Romney is elected, he has promised to nominate extreme right-wing judges who will limit our civil liberties and rescind equality measures. In a new ad, Massachusetts Senate candidate Elizabeth Warren echoes these concerns, warning that a Senate dominated by Republicans has the potential to approve a justice that would help overturn Roe v. Wade. Warren’s opponent Scott Brown has already voiced his support for Justice Antonin Scalia, naming the ultra-conservative judge as his favorite on the Supreme Court. We cannot afford to elect candidates like Mitt Romney or Scott Brown, who are sure to nominate and confirm justices that will take us back in time and turn back the progress we have made on behalf of women’s rights, worker’s rights, voting rights, and more.
The Supreme Court announced today that it will hear a critical voting rights case next year. Arizona has appealed a 9th Circuit decision that barred the state from requiring proof of citizenship from those registering to vote via a federally-approved registration form. Current federal law allows voters to register via federal form instead of a state-specific form. Those opting to do so must swear under penalty of perjury that they are citizens. Arizona’s law, which is currently stayed, would require voters using that form to jump over an extra hurdle to register, requiring them to show proof of their citizenship, a provision disproportionately affecting low-income and minority voters.
The AP explains:
The ruling applies only to people who seek to register using the federal mail-in form. Arizona has its own form and an online system to register when renewing a driver's license. The court ruling did not affect proof of citizenship requirements using the state forms.
Arizona officials have said most people use those methods and the state form is what county officials give people to use to register. But voting rights advocates had hoped the 9th Circuit decision would make the federal mail-in card more popular because it's more convenient than mailing in a state form with a photocopy of proof of citizenship.
The mail-in card is particularly useful for voter registration drives, said Robert Kengle of the Lawyers' Committee for Civil Rights Under Law, which is representing Native American and Hispanic groups in the case.
The conservative wing of the Supreme Court has been eager to challenge voting rights laws in recent years. In 2008, a 6-3 majority of the court upheld Indiana’s voter ID law, paving the way for suppressive voter ID measures throughout the country. The Court may also hear a challenge to section 5 of the Voting Rights Act, which requires federal preclearance for voting rights changes in states and counties with a history of discrimination at the ballot box. Successful court challenges to discriminatory voting law changes this year have shown just how essential that provision still is.
While the composition of the Supreme Court is unlikely to change before these cases are heard, they underscore the importance of federal courts in this election. Not only are federal courts the final protection we have against discriminatory voter suppression laws, the makeup of these courts is on the line in the presidential election. Either Mitt Romney or President Obama could pick up to three Supreme Court Justices and dozens of federal court judges in the next term. Romney has promised to appoint Justices like Antonin Scalia and Clarence Thomas, who have both signaled their hostility to voting rights. If he does, and the Court shifts farther to the right, we could see decades of progress for fair and free elections slip away.
This is Justice Antonin Scalia, who Mitt Romney and Massachusetts Sen. Scott Brown both hold up as their model Supreme Court Justice, discussing his approach to some thorny Constitutional issues:
"The death penalty? Give me a break. It's easy. Abortion? Absolutely easy. Nobody ever thought the Constitution prevented restrictions on abortion. Homosexual sodomy? Come on. For 200 years, it was criminal in every state”
Looking forward to seeing your rights eliminated with “ease” by the Supreme Court? We have just the candidate for you.