Why It's Important to Have Diversity on the Federal Courts

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

PFAW