Let the nomination wars begin! To be honest, I was hoping for a minority judge to provide at least some representation of minority peoples on the Court. Seems some other folks are also miffed by the choice – as in the piece below by Roland Martin. Roland’s argument is based around the facts, collected by Guy-Uriel Charles, founding director of the Duke Law Center on Law, Race and Politics that of 29 Kagan hires while at Harvard 28 were white and one was Asian-American. And of the group, only six were women — five white and one Asian-American.
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Left is mute on racial double standard in Kagan pick
If a white Republican president of the United States appointed a white male as his next Supreme Court justice, and upon the inspection of his record, it was discovered that of the 29 full-time tenured or tenured track faculty he hired as dean of Harvard Law, nearly all of them were white men, this would dominate the headlines.
It would be reasonable to conclude that the special interest groups that vigorously fight for diversity — civil rights organizations, feminist groups and other liberal institutions — would be up in arms, declaring that this person’s records showed him unwilling to diversify academia, and unqualified to consider diverse views as one of nine members of the U.S. Supreme Court. There would be widespread condemnations of Republicans having no concern for the nonwhite males in America.
But if what if the choice were made by a black Democratic president, and it was a woman? A white woman? A white Democratic woman?
Some of you may not like the fact that I am focusing on the race of the individual, but when diversity is raised, the person’s skin color, gender and background are considered germane to the discussion. And if there is silence from black and female organizations, their race and gender matter as well.
We may very well witness this now that President Obama has selected Solicitor General Elena Kagan to replace the retiring Justice John Paul Stevens.
Guy-Uriel Charles, founding director of the Duke Law Center on Law, Race and Politics, has heavily scrutinized Kagan’s hiring record as head of Harvard Law School. In a scathing blog post, he has said that of the 29 positions Kagan had a chance to fill, 28 were white and one was Asian-American. And of the group, only six were women — five white and one Asian-American.
These numbers on the surface are appalling, and would be ripped to shreds by those who value diversity, but my gut tells me that even though Kagan has been tapped by Obama, the normally vocal and persistent voices in this area will be tight-lipped and quiet, unwilling to oppose or heavily criticize the nomination of a woman to the court, and especially one made by an African-American Democratic president.
If that does happen, Republicans will rightly cry foul, saying it represented a double standard — that the silence was a signal of partisan hacks more concerned about not offending the Obama administration, rather than the ideals they hold near and dear.
They don’t want to be seen as going against an ally, and they are more concerned about their access to the White House than the mission they have always valued…