(Akiit.com) “Make me do it.”
-Barack Hussein Obama
The relevance of the above challenge issued by then Senator Barack Obama will soon become obvious.
For now, let me first congratulate Judge Sonia Sotomayor, President Barack Obama’s nominee for the soon-to-be vacant seat of retiring high court Associate Justice David Souter.
Obama’s historic nomination of the first Latina to the Supreme Court of the United States (SCOTUS) comes on the heels of a months-long full court press by Hispanic organizations like the Puerto Rican Legal Defense & Education Fund and the Mexican American Legal Defense & Education Fund, not to mention Women’s groups, all advocating for just such a groundbreaking pick.
No sooner than it was determined that Hispanics accounted for 7.4 percent of the 131 million people who voted in November–of which 67 percent cast their votes for the Obama-Biden ticket–the Hispanic judicial lobby moved into high gear.
Mind you, these numbers pale in comparison to African Americans who comprised a record 12.1 percent of the total vote, 95 percent of whom voted for Obama.
But who’s counting, right?
Ramona Romero, Hispanic National Bar Association (HNBA) president, certainly was. Almost immediately, the HNBA launched the Hispanic Appointments Project, and she reached out to President-elect Obama, only ten days after the election–and months before he took office.
“The presence of a Latino or Latina at the conference table could add a needed ’special voice’ to the Supreme Court’s deliberations and decisions– a voice that can speak about the law as it affects U.S. Hispanics with the authority that only firsthand knowledge can provide,” she wrote.
In other words, they “made” him do it…and good for them (and hopefully for all who would otherwise be marginalized judicially).
Of course, Team Obama insists that politics did not factor into the Sotomayor nomination, and that the president simply–organically– chose “the most qualified person for the job.” And, in all fairness, President Obama might very well have made the same choice, absent the very public lobbying effort.
But since Hispanics left nothing to chance, we’ll never know, will we?
Whatever the case–assuming that Sotomayor is confirmed to the SCOTUS–there will now be two representatives of the female perspective on that august judicial body, and one of the Hispanic. In my view, this is a beautiful thing.
What is profoundly problematic, however, is the fact that there is still not one solitary Black advocate.
Indeed, this is a glaring and unacceptable omission on the high court. Sure, there’s Clarence Thomas, but, in every way that matters, his is not a “Black seat.”
There, I said it.
I mean, we all know that his has been the deciding vote in a number of decisions that have all but wiped out affirmative action and other racial gains made during the tenure of Thurgood Marshall, the first African American to sit on the SCOTUS. (And isn’t it just the cruelest of ironies that Thomas was the Sr. Bush’s choice to replace Marshall, the civil rights lion?)
It is as Romero said, “being Hispanic doesn’t always mean that you are grounded in the culture.”
By the same token, and for all intents and purposes, Clarence Thomas should not count in the “minority” tally on the Supreme Court, as he has shown no evidence of being willing or able to articulate–or appreciate, even– the predominant African American world view, shaped by centuries of enslavement, Jim Crow, and continuing racial discrimination.
And am I the only one who finds it troublesome that, of the four widely reported finalists for the open SCOTUS seat–all women, three of whom were White–there was not one African American among the elite group?
Not one.
This is all the more vexing when one considers that, according to a Pew Research Center report, “overall, among all racial, ethnic and gender groups, [B]lack women had the highest voter turnout rate in November’s election [68.8 percent]–a first.”
So, are we to assume that there are no “qualified” African American female jurists worthy of even symbolic consideration for the Supreme Court? (And we are way beyond symbolism at this point.)
What about the Honorable Ojetta Rogeriee Thompson, the 57 year-old Rhode Island Superior Court Justice, who–in April–was recommended by both Rhode Island senators for the First Circuit of the U.S. Court of Appeals?
Then there is the Honorable Ann Claire Williams, the 59 year-old U.S. Seventh Circuit Appellate Judge and globally acclaimed legal scholar. Among her many public service efforts, Judge Williams lead and taught at the first Kenyan Women’s Trial Advocacy Program for domestic violence attorneys. Williams has also been a prosecutor and faculty member at both Northwestern and John Marshall Schools of Law.
Of course, President Obama knows of these and many other imminently qualified Black female esquires worthy of elevation to the high court-including several law school deans. The question is: Why did the Obama Administration not even float any African American names?
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Tags: African American community, African American organizations, African American women, Black America, black community, Black Voters, Black Woman, Black Women, Judge Sonia Sotomayor, Pamela D. Reed, SCOTUS, sistas, sisters