Women’s eNews has posted some commentary on the concerns shared by many women of Color over the nomination of Roberts to succeed the late Chief Justice Rehnquist. (This ‘article’ has actually been circulating through emails and the blogosphere for awhile.) The confirmation hearings of Roberts have been pushed back until next Monday, not that it allays the serious concerns many of us have over his past records, memos, and such, as an attorney for the Reagan Administration and his personal ideology–which many fear would rule on the bench rather than the Law.
Women of color listen up.
As we focus on our sisters facing tragedy and despair in the hurricane-torn South, we need to remember that another struggle is going on, one that will profoundly influence our ability to eliminate the kind of racial disparities that continue to plague our nation. We are talking about the two vacancies on the Supreme Court.
President Bush has nominated John Roberts, yet another white male conservative, to sit on the highest court in the land. Initially nominated to replace Sandra Day O’Connor, Roberts is now nominated to succeed William Rehnquist, who died over the weekend, as the chief justice on the Court.[…]
Before Bush named Roberts, the public discussion focused on the ethnic and gender identity of a potential Supreme Court nominee. There was widespread talk about whether the nominee would be a white woman or a Latino male, both of which should be on the Court.
But did anyone ever seriously mention a woman of color for the job?
Controversial ideologue Janice Rogers Brown was floated by some extreme conservatives, but she was never a real contender given that her nomination to the Court of Appeals set off a national fight over the filibuster–a time-honored means of challenging the majority party through extended debate–and almost shut-down the U.S. Senate.[…]
Narrowed Search
One obvious explanation for the lack of diverse candidates is that the search was narrowed to people of color who reflect the conservative values promoted by the Bush administration.[…]Roberts’ record on women’s fundamental rights is particularly disturbing.[…]
He opened with the argument that “Roe was wrongly decided and should be overruled.” The brief went on to support the “gag rule,” which prohibited doctors and clinic counselors who received federal funding for family planning services from providing women with the full range of information and options regarding their reproductive health.
Equally disturbing, Roberts co-authored an amicus or “friend of the court” brief — which is filed by someone who is not a party to the case–in Bray vs. Alexandria Women’s Health Clinic in support of Operation Rescue, a notorious anti-choice group. […]
In the amicus brief and during oral argument, Roberts argued to the Supreme Court that Operation Rescue’s “military-style tactics” used to block women from accessing reproductive-health clinics did not amount to discrimination against women and that a federal remedy under a particular civil rights statute should not be available.
Question of Consequences
[…]The stakes go well beyond women’s rights and reproductive freedom.[…]For instance, in memos written to the attorney general in the early 1980s, he helped develop, support and argue the Reagan administration’s position on severely restricting the circumstances under which minority voters could bring a claim under the Voting Rights Act.
He likewise criticized the Supreme Court decision that struck down a Texas law permitting school districts to deny enrollment to children of undocumented immigrants. He also defended legislation that would have stripped the Supreme Court of its ability to hear cases related to busing and school prayer.
So, where are our voices and our brothers’ voices? Why are African American, Latino and Asian Pacific-American communities silent around this nomination and the Supreme Court?[…]
Advocacy groups from across the board (though still mostly “lefty” orgs of course) have already come forward in their grave concerns over Roberts’ nomination. We’re not as silent as one would think. The Congressional Dems on the Judiciary Committee might make little, if any, “fuss” over Roberts during the confirmation hearings, but several of those on the outside–such as the Dems’ neglected voting base–won’t be so sheepish and passive on this issue thankfully.
@Avvaa: I'm not sure even WASP male immigrants are welcome. There have been several tourists who have been detained because…