Feb. 11 Briefing: Sharon Browne Nomination to Legal Services Corp & Status of Judicial Nominations
Join the Alliance for Justice for a breakfast briefing, “Sharon Browne’s Nomination to the Legal Services Corporation and the Status of Judicial Nominations During the Obama Administration,” on Thursday, February 11, from 10 a.m. to 11 a.m. in the EJS offices, 260 California St, 7th Floor, San Francisco.
Join us for a light continental breakfast and to learn more about how your voice can be heard. This event is free, but space is limited. Registration is required here.
On December 17, 2009, President Obama nominated Sharon Browne, a senior attorney at the Pacific Legal Foundation (“PLF”), to serve on the Legal Services Corporation (“LSC”) Board of Directors. Browne’s decades-long legal efforts to undo our nation’s progress in preserving social justice and equality are at odds with the mission of the Legal Services Corporation.
Browne has long advocated for the narrow application of civil rights laws geared toward creating a more just and equitable society. She made her name through her work on California’s Proposition 209, a ballot initiative that, upon its approval in 1996, prohibited the state from considering past discrimination “of any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.”
Browne has also alleged that Section 5 of the Voting Rights Act, one of our nation’s most cherished civil rights laws protecting minorities against disenfranchisement, is illegal. Moreover, Browne has demonstrated an ingrained hostility to immigrants’ rights, championing California’s Proposition 227, which banned bilingual education in public schools, and Proposition 187, which prohibited undocumented immigrants from accessing California’s social services, health care, and public education systems.
As of February 2nd, President Obama has nominated 39 judges and had only 15 of them confirmed. At a similar point in his presidency, President Bush had nominated 89 judges and had 30 of them confirmed. President Bush doubled President Obama’s nomination and confirmation rate despite facing a Democratic-controlled Senate for most of the time period. This disparity is stark and must be quickly addressed.
President Barack Obama’s Speech at the NAACP Convention
Sen Barack Obama’s address to the 100th Annual Convention of the NAACP, as prepared for delivery:
It is an honor to be here, in the city where the NAACP was formed, to mark its centennial. What we celebrate tonight is not simply the journey the NAACP has traveled, but the journey that we, as Americans, have traveled over the past one hundred years.
It is a journey that takes us back to a time before most of us were born, long before the Voting Rights Act, the Civil Rights Act, and Brown v. Board of Education; back to an America just a generation past slavery. It was a time when Jim Crow was a way of life; when lynchings were all too common; and when race riots were shaking cities across a segregated land.
It was in this America where an Atlanta scholar named W.E.B. Du Bois, a man of towering intellect and a fierce passion for justice, sparked what became known as the Niagara movement; where reformers united, not by color but cause; and where an association was born that would, as its charter says, promote equality and eradicate prejudice among citizens of the United States.
From the beginning, Du Bois understood how change would come – just as King and all the civil rights giants did later. They understood that unjust laws needed to be overturned; that legislation needed to be passed; and that Presidents needed to be pressured into action. They knew that the stain of slavery and the sin of segregation had to be lifted in the courtroom and in the legislature.
But they also knew that here, in America, change would have to come from the people. It would come from people protesting lynching, rallying against violence, and walking instead of taking the bus. It would come from men and women – of every age and faith, race and region – taking Greyhounds on Freedom Rides; taking seats at Greensboro lunch counters; and registering voters in rural Mississippi, knowing they would be harassed, knowing they would be beaten, knowing that they might never return.
Because of what they did, we are a more perfect union. Because Jim Crow laws were overturned, black CEOs today run Fortune 500 companies. Because civil rights laws were passed, black mayors, governors, and Members of Congress serve in places where they might once have been unable to vote. And because ordinary people made the civil rights movement their own, I made a trip to Springfield a couple years ago – where Lincoln once lived, and race riots once raged – and began the journey that has led me here tonight as the 44th President of the United States of America.
And yet, even as we celebrate the remarkable achievements of the past one hundred years; even as we inherit extraordinary progress that cannot be denied; even as we marvel at the courage and determination of so many plain folks – we know that too many barriers still remain.
We know that even as our economic crisis batters Americans of all races, African Americans are out of work more than just about anyone else – a gap that’s widening here in New York City, as detailed in a report this week by Comptroller Bill Thompson.
We know that even as spiraling health care costs crush families of all races, African Americans are more likely to suffer from a host of diseases but less likely to own health insurance than just about anyone else.
We know that even as we imprison more people of all races than any nation in the world, an African-American child is roughly five times as likely as a white child to see the inside of a jail.
And we know that even as the scourge of HIV/AIDS devastates nations abroad, particularly in Africa, it is devastating the African-American community here at home with disproportionate force.
These are some of the barriers of our time. They’re very different from the barriers faced by earlier generations. They’re very different from the ones faced when fire hoses and dogs were being turned on young marchers; when Charles Hamilton Houston and a group of young Howard lawyers were dismantling segregation.
But what is required to overcome today’s barriers is the same as was needed then. The same commitment. The same sense of urgency. The same sense of sacrifice. The same willingness to do our part for ourselves and one another that has always defined America at its best.
The question, then, is where do we direct our efforts? What steps do we take to overcome these barriers? How do we move forward in the next one hundred years?
The first thing we need to do is make real the words of your charter and eradicate prejudice, bigotry, and discrimination among citizens of the United States. I understand there may be a temptation among some to think that discrimination is no longer a problem in 2009. And I believe that overall, there’s probably never been less discrimination in America than there is today.
But make no mistake: the pain of discrimination is still felt in America. By African-American women paid less for doing the same work as colleagues of a different color and gender. By Latinos made to feel unwelcome in their own country. By Muslim Americans viewed with suspicion for simply kneeling down to pray. By our gay brothers and sisters, still taunted, still attacked, still denied their rights.
On the 45th anniversary of the Civil Rights Act, discrimination must not stand. Not on account of color or gender; how you worship or who you love. Prejudice has no place in the United States of America.
But we also know that prejudice and discrimination are not even the steepest barriers to opportunity today. The most difficult barriers include structural inequalities that our nation’s legacy of discrimination has left behind; inequalities still plaguing too many communities and too often the object of national neglect.
These are barriers we are beginning to tear down by rewarding work with an expanded tax credit; making housing more affordable; and giving ex-offenders a second chance. These are barriers that we are targeting through our White House Office on Urban Affairs, and through Promise Neighborhoods that build on Geoffrey Canada’s success with the Harlem Children’s Zone; and that foster a comprehensive approach to ending poverty by putting all children on a pathway to college, and giving them the schooling and support to get there.
But our task of reducing these structural inequalities has been made more difficult by the state, and structure, of the broader economy; an economy fueled by a cycle of boom and bust; an economy built not on a rock, but sand. That is why my administration is working so hard not only to create and save jobs in the short-term, not only to extend unemployment insurance and help for people who have lost their health care, not only to stem this immediate economic crisis, but to lay a new foundation for growth and prosperity that will put opportunity within reach not just for African Americans, but for all Americans.
One pillar of this new foundation is health insurance reform that cuts costs, makes quality health coverage affordable for all, and closes health care disparities in the process. Another pillar is energy reform that makes clean energy profitable, freeing America from the grip of foreign oil, putting people to work upgrading low-income homes, and creating jobs that cannot be outsourced. And another pillar is financial reform with consumer protections to crack down on mortgage fraud and stop predatory lenders from targeting our poor communities.
All these things will make America stronger and more competitive. They will drive innovation, create jobs, and provide families more security. Still, even if we do it all, the African-American community will fall behind in the United States and the United States will fall behind in the world unless we do a far better job than we have been doing of educating our sons and daughters. In the 21st century – when so many jobs will require a bachelor’s degree or more, when countries that out-educate us today will outcompete us tomorrow – a world-class education is a prerequisite for success.
You know what I’m talking about. There’s a reason the story of the civil rights movement was written in our schools. There’s a reason Thurgood Marshall took up the cause of Linda Brown. There’s a reason the Little Rock Nine defied a governor and a mob. It’s because there is no stronger weapon against inequality and no better path to opportunity than an education that can unlock a child’s God-given potential.
Yet, more than a half century after Brown v. Board of Education, the dream of a world-class education is still being deferred all across this country. African-American students are lagging behind white classmates in reading and math – an achievement gap that is growing in states that once led the way on civil rights. Over half of all African-American students are dropping out of school in some places. There are overcrowded classrooms, crumbling schools, and corridors of shame in America filled with poor children – black, brown, and white alike.
The state of our schools is not an African-American problem; it’s an American problem. And if Al Sharpton, Mike Bloomberg, and Newt Gingrich can agree that we need to solve it, then all of us can agree on that. All of us can agree that we need to offer every child in this country the best education the world has to offer from the cradle through a career.
That is our responsibility as the United States of America. And we, all of us in government, are working to do our part by not only offering more resources, but demanding more reform.
When it comes to higher education, we are making college and advanced training more affordable, and strengthening community colleges that are a gateway to so many with an initiative that will prepare students not only to earn a degree but find a job when they graduate; an initiative that will help us meet the goal I have set of leading the world in college degrees by 2020.
We are creating a Race to the Top Fund that will reward states and public school districts that adopt 21st century standards and assessments. And we are creating incentives for states to promote excellent teachers and replace bad ones – because the job of a teacher is too important for us to accept anything but the best.
We should also explore innovative approaches being pursued here in New York City; innovations like Bard High School Early College and Medgar Evers College Preparatory School that are challenging students to complete high school and earn a free associate’s degree or college credit in just four years.
And we should raise the bar when it comes to early learning programs. Today, some early learning programs are excellent. Some are mediocre. And some are wasting what studies show are – by far – a child’s most formative years.
That’s why I have issued a challenge to America’s governors: if you match the success of states like Pennsylvania and develop an effective model for early learning; if you focus reform on standards and results in early learning programs; if you demonstrate how you will prepare the lowest income children to meet the highest standards of success – you can compete for an Early Learning Challenge Grant that will help prepare all our children to enter kindergarten ready to learn.
So, these are some of the laws we are passing. These are some of the policies we are enacting. These are some of the ways we are doing our part in government to overcome the inequities, injustices, and barriers that exist in our country.
But all these innovative programs and expanded opportunities will not, in and of themselves, make a difference if each of us, as parents and as community leaders, fail to do our part by encouraging excellence in our children. Government programs alone won’t get our children to the Promised Land. We need a new mindset, a new set of attitudes – because one of the most durable and destructive legacies of discrimination is the way that we have internalized a sense of limitation; how so many in our community have come to expect so little of ourselves.
We have to say to our children, Yes, if you’re African American, the odds of growing up amid crime and gangs are higher. Yes, if you live in a poor neighborhood, you will face challenges that someone in a wealthy suburb does not. But that’s not a reason to get bad grades, that’s not a reason to cut class, that’s not a reason to give up on your education and drop out of school. No one has written your destiny for you. Your destiny is in your hands – and don’t you forget that.
To parents, we can’t tell our kids to do well in school and fail to support them when they get home. For our kids to excel, we must accept our own responsibilities. That means putting away the Xbox and putting our kids to bed at a reasonable hour. It means attending those parent-teacher conferences, reading to our kids, and helping them with their homework.
And it means we need to be there for our neighbor’s son or daughter, and return to the day when we parents let each other know if we saw a child acting up. That’s the meaning of community. That’s how we can reclaim the strength, the determination, the hopefulness that helped us come as far as we already have.
It also means pushing our kids to set their sights higher. They might think they’ve got a pretty good jump shot or a pretty good flow, but our kids can’t all aspire to be the next LeBron or Lil Wayne. I want them aspiring to be scientists and engineers, doctors and teachers, not just ballers and rappers. I want them aspiring to be a Supreme Court Justice. I want them aspiring to be President of the United States.
So, yes, government must be a force for opportunity. Yes, government must be a force for equality. But ultimately, if we are to be true to our past, then we also have to seize our own destiny, each and every day.
That is what the NAACP is all about. The NAACP was not founded in search of a handout. The NAACP was not founded in search of favors. The NAACP was founded on a firm notion of justice; to cash the promissory note of America that says all our children, all God’s children, deserve a fair chance in the race of life.
It is a simple dream, and yet one that has been denied – one still being denied – to so many Americans. It’s a painful thing, seeing that dream denied. I remember visiting a Chicago school in a rough neighborhood as a community organizer, and thinking how remarkable it was that all of these children seemed so full of hope, despite being born into poverty, despite being delivered into addiction, despite all the obstacles they were already facing.
And I remember the principal of the school telling me that soon all of that would begin to change; that soon, the laughter in their eyes would begin to fade; that soon, something would shut off inside, as it sunk in that their hopes would not come to pass – not because they weren’t smart enough, not because they weren’t talented enough, but because, by accident of birth, they didn’t have a fair chance in life.
So, I know what can happen to a child who doesn’t have that chance. But I also know what can happen to a child who does. I was raised by a single mother. I don’t come from a lot of wealth. I got into my share of trouble as a kid. My life could easily have taken a turn for the worse. But that mother of mine gave me love; she pushed me, and cared about my education; she took no lip and taught me right from wrong. Because of her, I had a chance to make the most of my abilities. I had the chance to make the most of my opportunities. I had the chance to make the most of life.
The same story holds for Michelle. The same story holds for so many of you. And I want all the other Barack Obamas out there, and all the other Michelle Obamas out there, to have that same chance – the chance that my mother gave me; that my education gave me; that the United States of America gave me. That is how our union will be perfected and our economy rebuilt. That is how America will move forward in the next one hundred years.
And we will move forward. This I know – for I know how far we have come. Last week, in Ghana, Michelle and I took Malia and Sasha to Cape Coast Castle, where captives were once imprisoned before being auctioned; where, across an ocean, so much of the African-American experience began. There, reflecting on the dungeon beneath the castle church, I was reminded of all the pain and all the hardships, all the injustices and all the indignities on the voyage from slavery to freedom.
But I was also reminded of something else. I was reminded that no matter how bitter the rod or how stony the road, we have persevered. We have not faltered, nor have we grown weary. As Americans, we have demanded, strived for, and shaped a better destiny.
That is what we are called to do once more. It will not be easy. It will take time. Doubts may rise and hopes recede.
But if John Lewis could brave Billy clubs to cross a bridge, then I know young people today can do their part to lift up our communities.
If Emmet Till’s uncle Mose Wright could summon the courage to testify against the men who killed his nephew, I know we can be better fathers and brothers, mothers and sisters in our own families.
If three civil rights workers in Mississippi – black and white, Christian and Jew, city-born and country-bred – could lay down their lives in freedom’s cause, I know we can come together to face down the challenges of our own time. We can fix our schools, heal our sick, and rescue our youth from violence and despair.
One hundred years from now, on the 200th anniversary of the NAACP, let it be said that this generation did its part; that we too ran the race; that full of the faith that our dark past has taught us, full of the hope that the present has brought us, we faced, in our own lives and all across this nation, the rising sun of a new day begun. Thank you, God bless you, and may God bless the United States of America.
Eva Paterson’s BBC Radio Interview on Racism and Obama
BBC Radio’s Mark Forrest talks with EJS President Eva Paterson following reports this week that a staffer for a Republican state Senator in Tennessee sent an email with an image showing portraits of our presidents, except President Obama is depicted only with two eyeballs on a solid black background.
As reported by numerous outlets, including HuffPo, Newscoma and Nashville is Taking, Sherri Goforth, an executive assistant for Tennessee State Rep. Diane Black (R-Gallatin), sent this picture out to other legislative staffers:
Eva talks about the role of unconscious bias in how racism is manifested today and also about her movie, Presidential Race, which examines how far we have come in the forty-six years since Martin Luther King electrified the country with his “I Have A Dream” speech.
Listen to the interview here (go to the 3:11:48 mark):
http://www.bbc.co.uk/iplayer/episode/b00l59b4/Up_All_Night_18_06_2009
EJS’s profound interest in the science of unconscious bias is a key component of our long-range initiative to dismantle the Intent Doctrine. In 1976, just a few years after Justice William Rehnquist joined the bench, Washington v. Davis was decided, placing a nearly insurmountable hurdle in the way of plaintiffs seeking redress for discrimination.
This decision placed a prohibitive burden on victims of discrimination and limited the Equal Protection Clause of the Fourteenth Amendment by restricting its remedial reach to cases in which the plaintiff could prove a decision-maker’s specific “intent” to discriminate.
Racial justice is impossible to achieve when the law fails to reflect the actual experiences of communities who have seen and felt discrimination. Social psychologists, critical sociologists and other social scientists have developed empirical and theoretical research showing that the Intent Doctrine fails to reflect how a large part of discrimination actually occurs.
According to these studies, all of us have unconscious biases that influence how we perceive and make decisions about other people. Individual and institutional discrimination, often guided by these cognitive biases and stereotypes, can occur even in the absence of blatant prejudice. Many of these powerful theories and studies, however, are not being fully utilized on the front lines of political debate or courtrooms by legal advocates.
In order to provide lawyers with the necessary tools to challenge the faulty assumptions of the Intent Doctrine, the Equal Justice Society brings together social scientists, lawyers, pollsters, legal academics and students to develop long-term strategies for introducing a more accurate understanding of discrimination into the law. Most Americans do not want to be racist and do not think they act in racially biased ways.
Not only does our promoting of the unconscious bias framework support our work to dismantle Intent, but it also allows for a more engaging approach to address racism – i.e., promoting unconscious bias takes a “building awareness” rather than a “blaming” approach.
LGBT Legal Groups Decry Obama Administration’s Defense of DOMA
The National Center for Lesbian Rights (EJS board member Kate Kendell is NLCR’s executive director), Lambda Legal, the ACLU, Human Rights Campaign, GLAD and the National Gay and Lesbian Task Force issued a statement today objecting to the Obama administration’s recent filing in support of the a law that discriminates against LGBT.
(San Francisco, CA, June 12, 2009)—We are very surprised and deeply disappointed in the manner in which the Obama administration has defended the so-called Defense of Marriage Act against Smelt v. United States, a lawsuit brought in federal court in California by a married same-sex couple asking the federal government to treat them equally with respect to federal protections and benefits. The administration is using many of the same flawed legal arguments that the Bush administration used. These arguments rightly have been rejected by several state supreme courts as legally unsound and obviously discriminatory.
We disagree with many of the administration’s arguments, for example that DOMA is a valid exercise of Congress’s power, is consistent with Equal Protection or Due Process principles, and does not impinge upon rights that are recognized as fundamental.
We are also extremely disturbed by a new and nonsensical argument the administration has advanced suggesting that the federal government needs to be “neutral” with regard to its treatment of married same-sex couples in order to ensure that federal tax money collected from across the country not be used to assist same-sex couples duly married by their home states.
There is nothing “neutral” about the federal government’s discriminatory denial of fair treatment to married same-sex couples: DOMA wrongly bars the federal government from providing any of the over one thousand federal protections to the many thousands of couples who marry in six states. This notion of “neutrality” ignores the fact that while married same-sex couples pay their full share of income and social security taxes, they are prevented by DOMA from receiving the corresponding same benefits that married heterosexual taxpayers receive.
It is the married same-sex couples, not heterosexuals in other parts of the country, who are financially and personally damaged in significant ways by DOMA. For the Obama administration to suggest otherwise simply departs from both mathematical and legal reality.
When President Obama was courting lesbian, gay, bisexual and transgender voters, he said that he believed that DOMA should be repealed. We ask him to live up to his emphatic campaign promises, to stop making false and damaging legal arguments, and immediately to introduce a bill to repeal DOMA and ensure that every married couple in America has the same access to federal protections.
Bittersweet Week: Judge Sotomayor, Prop 8 Upheld, Ron Takaki Passes; Launching ConfirmSotomayor.org
We experienced last week several gut-wrenching and rejoiceful moments.
On Tuesday, May 26, President Barack Obama announced his historic nomination of Judge Sonia Sotomayor to the Supreme Court. On the same morning, the California Supreme Court ruled against marriage equality by upholding Prop. 8. The following day brought news that a preeminent scholar on our nation’s diversity, UC Berkeley professor Ronald Takaki, passed away.
SUPREME COURT NOMINEE JUDGE SONIA SOTOMAYOR
In nominating Judge Sonia Sotomayor to the Supreme Court, President Obama fulfilled a promise to the American people to appoint judges who are well-qualified, grounded in the rule of law and the Constitution, fair-minded and committed to equal justice for all. Judge Sotomayor embodies all these traits.
In the course of a life that began in a housing project in the South Bronx and brought her to the pinnacle of her profession, Judge Sotomayor accumulated more experience on the federal bench than any incoming Supreme Court Justice in the past 100 years, touching nearly every aspect of our legal system.
But Judge Sotomayor’s ethnicity has proven too much of a temptation for the voices of hate and extremism, who instead of looking at her judicial record have launched a vocal rampage that has reached new heights of absurdity, including calling her a “reverse racist” and calling the National Council of La Raza (NCLR) “the Latino KKK without the hoods and nooses.”
Condemn these unacceptable attacks on Latinos and Judge Sotomayor now. Join NLCR and send a message to Chairman Michael Steele of the RNC, House Minority Leader John Boehner, and Senate Minority Leader Mitch McConnell asking them to denounce these statements and restore the nomination process for Judge Sotomayor to a more appropriate and civil discourse.
EJS has also launched a blog and Facebook page in support for Judge Sotomayor. Visit http://ConfirmSotomayor.org and join the Facebook page as a fan. The blog includes a page with information on how you can support Judge Sotomayor.
And if you’re in California, please support our Californians for Fair and Independent Judges coalition so that organizations and individuals here can work together to support Judge Sotomayor’s confirmation. Email Keith Kamisugi at kkamisugi@equaljusticesociety.org for information about joining the coalition.
CALIFORNIA SUPREME COURT RULING ON PROP. 8
The California Supreme Court last Tuesday in a 6-1 vote upheld Prop. 8, the ballot measure discriminating against marriage by same-sex couples.
EJS is relieved the Court protected couples who married before November 5. The presence of thousands of married same-sex couples across California will show that marriage strengthens families and communities and threatens no one.
But by upholding Prop 8, the Court has diminished its legacy as a champion of equality. No minority group should have to defend its right to equality at the ballot. The Court’s decision jeopardizes every minority group in California.
As a racial justice organization, the Equal Justice Society opposes Prop. 8 – not only because it’s the right thing to do, but also because EJS strongly believes in working with others to ensure that the rights of all are expanded, rather than diminished, in our society.
We cannot just pigeonhole Prop. 8 as a ‘gay’ issue. By rolling back the fundamental rights of one group, the Supreme Court’s decision on Prop. 8 casts a threat that now looms over the civil rights of all.
Since the vote on Prop 8, there has been a tidal wave of momentum in favor of full equality. Five states now embrace marriage equality for same-sex couples, and several more are on the brink. We believe that California voters will reverse this injustice at the ballot. California has been a leader in standing up for equality, and it will be again.
Banning same-sex couples from marriage is unfair. Same-sex couples have the same hopes, dreams and concerns for their families as everyone else. They should be allowed the dignity, recognition, and responsibility that come with marriage, just like everyone else.
The fight is not over. Join our friends at the National Center for Lesbian Rights (led by EJS board member Kate Kendall) to receive updates on next steps in this battle for justice.
PROF. RON TAKAKI PASSES AWAY
Ronald Takaki, professor emeritus of ethnic studies at the University of California, Berkeley, and a preeminent scholar of U.S. race relations who taught the University of California’s first black history course, died at his home in Berkeley on Tuesday, May 26, at age 70. He had struggled for years with multiple sclerosis, an autoimmune condition that attacks the central nervous system.
During his more than 40 years at UC Berkeley, Takaki established the nation’s first ethnic studies Ph.D. program as well as UC Berkeley’s American Cultures requirement for graduation, and advised President Clinton in 1997 on his major speech on race.
“Ron Takaki elevated and popularized the study of America’s multiracial past and present like no other scholar, and in doing so had an indelible impact on a generation of students and researchers across the nation and world,” said Don Nakanishi, director of and professor at UCLA’s Asian American Studies Center and a longtime friend of Takaki’s.
Takaki’s 1989 book, “Strangers from a Different Shore: A History of Asian Americans,” was nominated for a Pulitzer Prize.
A descendent of Japanese field workers in Hawai’i, Takaki was acutely attuned to the inequities in Hawai’i’s tough and ethnically divided plantation system.
In 1966, he was hired to teach UCLA’s first black history course in the wake of the explosive Watts riots. “I can still remember the smoke rising from Los Angeles and the sound of gunfire – it was a war zone,” he told the San Francisco Chronicle in that same interview.
When a student in the black history class asked him which revolutionary tools he could teach them, Takaki replied: “We’re going to study the history of the U.S. as it relates to African Americans. We’re going to strengthen our critical thinking skills and our writing skills. These can be revolutionary tools if we make them so.”
After five years at UCLA, Takaki returned in 1971 to UC Berkeley as the Department of Ethnic Studies’ first full-time teacher. He became wildly popular, filling auditoriums with hundreds of students hungry for perspectives on the struggles of America’s minority groups, and went on to win the campus’s Distinguished Teaching Award in 1981.
Takaki is survived by his wife, Carol; his three children, Todd of El Cerrito, Calif., Troy of Los Angeles and Dana of Chester, Conn.; and several grandchildren.
Takaki has donated his research and published papers to the Ethnic Studies Library at UC Berkeley. His family asks that, in lieu of flowers, donations be made in Takaki’s name to the Asian Law Caucus in San Francisco. Plans for a campus memorial service are pending.
All of us at the Equal Justice Society mourn Prof. Takaki’s passing and we express our deepest condolences to Ron’s family and friends.
Join a Facebook page launched in tribute to Prof. Takaki.
Obama Nominates Sotomayor for Supreme Court
President Barack Obama today nominated Judge Sonia Sotomayor to succeed David Souter as an associate justice of the Supreme Court. Obama said Sotomayor has more experience as a judge than any current member of the high court had when nominated, adding she has earned the “respect of colleagues on the bench, the admiration of many lawyers who argue cases in her court and the adoration of her clerks, who look to her as a mentor.”
She would be the first Latina to serve on the Supreme Court.
The following is a backgrounder issued by the White House:
Sonia Sotomayor has served as a judge on the United States Court of Appeals for the Second Circuit since October 1998. She has been hailed as “one of the ablest federal judges currently sitting” for her thoughtful opinions,i and as “a role model of aspiration, discipline, commitment, intellectual prowess and integrity”ii for her ascent to the federal bench from an upbringing in a South Bronx housing project.
Her American story and three decade career in nearly every aspect of the law provide Judge Sotomayor with unique qualifications to be the next Supreme Court Justice. She is a distinguished graduate of two of America’s leading universities. She has been a big-city prosecutor and a corporate litigator. Before she was promoted to the Second Circuit by President Clinton, she was appointed to the District Court for the Southern District of New York by President George H.W. Bush. She replaces Justice Souter as the only Justice with experience as a trial judge.
Judge Sotomayor served 11 years on the Court of Appeals for the Second Circuit, one of the most demanding circuits in the country, and has handed down decisions on a range of complex legal and constitutional issues. If confirmed, Sotomayor would bring more federal judicial experience to the Supreme Court than any justice in 100 years, and more overall judicial experience than anyone confirmed for the Court in the past 70 years. Judge Richard C. Wesley, a George W. Bush appointee to the Second Circuit, said “Sonia is an outstanding colleague with a keen legal mind. She brings a wealth of knowledge and hard work to all her endeavors on our court. It is both a pleasure and an honor to serve with her.”
In addition to her distinguished judicial service, Judge Sotomayor is a Lecturer at Columbia University Law School and was also an adjunct professor at New York University Law School until 2007.
An American Story
Judge Sonia Sotomayor has lived the American dream. Born to a Puerto Rican family, she grew up in a public housing project in the South Bronx. Her parents moved to New York during World War II – her mother served in the Women’s Auxiliary Corps during the war. Her father, a factory worker with a third-grade education, died when Sotomayor was nine years old. Her mother, a nurse, then raised Sotomayor and her younger brother, Juan, now a physician in Syracuse. After her father’s death, Sotomayor turned to books for solace, and it was her new found love of Nancy Drew that inspired a love of reading and learning, a path that ultimately led her to the law.
Most importantly, at an early age, her mother instilled in Sotomayor and her brother a belief in the power of education. Driven by an indefatigable work ethic, and rising to the challenge of managing a diagnosis of juvenile diabetes, Sotomayor excelled in school. Sotomayor graduated as valedictorian of her class at Blessed Sacrament and at Cardinal Spellman High School in New York. She first heard about the Ivy League from her high school debate coach, Ken Moy, who attended Princeton University, and she soon followed in his footsteps after winning a scholarship.
At Princeton, she continued to excel, graduating summa cum laude, and Phi Beta Kappa. She was a co-recipient of the M. Taylor Pyne Prize, the highest honor Princeton awards to an undergraduate. At Yale Law School, Judge Sotomayor served as an editor of the Yale Law Journal and as managing editor of the Yale Studies in World Public Order. One of Sotomayor’s former Yale Law School classmates, Robert Klonoff (now Dean of Lewis & Clark Law School), remembers her intellectual toughness from law school: “She would stand up for herself and not be intimidated by anyone.” [Washington Post, 5/7/09]
A Champion of the Law
Over a distinguished career that spans three decades, Judge Sotomayor has worked at almost every level of our judicial system – yielding a depth of experience and a breadth of perspectives that will be invaluable – and is currently not represented — on our highest court. New York City District Attorney Morgenthau recently praised Sotomayor as an “able champion of the law” who would be “highly qualified for any position in which wisdom, intelligence, collegiality and good character could be assets.” [Wall Street Journal, 5/9/09]
A Fearless and Effective Prosecutor
Fresh out of Yale Law School, Judge Sotomayor became an Assistant District Attorney in Manhattan in 1979, where she tried dozens of criminal cases over five years. Spending nearly every day in the court room, her prosecutorial work typically involved “street crimes,” such as murders and robberies, as well as child abuse, police misconduct, and fraud cases. Robert Morgenthau, the person who hired Judge Sotomayor, has described her as a “fearless and effective prosecutor.” [Wall Street Journal, 5/9/09] She was cocounsel in the “Tarzan Murderer” case, which convicted a murderer to 67 and ½ years to life in prison, and was sole counsel in a multiple-defendant case involving a Manhattan housing project shooting between rival family groups.
A Corporate Litigator
She entered private practice in 1984, becoming a partner in 1988 at the firm Pavia and Harcourt. She was a general civil litigator involved in all facets of commercial work including, real estate, employment, banking, contracts, and agency law. In addition, her practice had a significant concentration in intellectual property law, including trademark, copyright and unfair competition issues. Her typical clients were significant corporations doing international business. The managing partner who hired her, George Pavia, remembers being instantly impressed with the young Sonia Sotomayor when he hired her in 1984, noting that “she was just ideal for us in terms of her background and training.” [Washington Post, May 7, 2009]
A Sharp and Fearless Trial Judge
Her judicial service began in October 1992 with her appointment to the United States District Court for the Southern District of New York by President George H.W. Bush. Still in her 30s, she was the youngest member of the court. From 1992 to 1998, she presided over roughly 450 cases. As a trial judge, she earned a reputation as a sharp and fearless jurist who does not let powerful interests bully her into departing from the rule of law. In 1995, for example, she issued an injunction against Major League Baseball owners, effectively ending a baseball strike that had become the longest work stoppage in professional sports history and had caused the cancellation of the World Series the previous fall. She was widely lauded for saving baseball. Claude Lewis of the Philadelphia Inquirer wrote that by saving the season, Judge Sotomayor joined “the ranks of Joe DiMaggio, Willie Mays, Jackie Robinson and Ted Williams.”
A Tough, Fair and Thoughtful Jurist
President Clinton appointed Judge Sotomayor to the U.S. Court of Appeals for the Second Circuit in 1998. She is the first Latina to serve on that court, and has participated in over 3000 panel decisions, authoring roughly 400 published opinions. Sitting on the Second Circuit, Judge Sotomayor has tackled a range of questions: from difficult issues of constitutional law, to complex procedural matters, to lawsuits involving complicated business organizations. In this context, Sotomayor is widely admired as a judge with a sophisticated grasp of legal doctrine. “’She appreciates the complexity of issues,’ said Stephen L. Carter, a Yale professor who teaches some of her opinions in his classes. Confronted with a tough case, Carter said, ‘she doesn’t leap at its throat but reasons to get to the bottom of issues.’” For example, in United States v. Quattrone, Judge Sotomayor concluded that the trial judge had erred by forbidding the release of jurors’ names to the press, concluding after carefully weighing the competing concerns that the trial judge’s concerns for a speedy and orderly trial must give way to the constitutional freedoms of speech and the press.
Sotomayor also has keen awareness of the law’s impact on everyday life. Active in oral arguments, she works tirelessly to probe both the factual details and the legal doctrines in the cases before her and to arrive at decisions that are faithful to both. She understands that upholding the rule of law means going beyond legal theory to ensure consistent, fair, common-sense application of the law to real-world facts. For example, In United States v. Reimer, Judge Sotomayor wrote an opinion revoking the US citizenship for a man charged with working for the Nazis in World War II Poland, guarding concentration camps and helping empty the Jewish ghettos. And in Lin v. Gonzales and a series of similar cases, she ordered renewed consideration of the asylum claims of Chinese women who experienced or were threatened with forced birth control, evincing in her opinions a keen awareness of those women’s plights.
Judge Sotomayor’s appreciation of the real-world implications of judicial rulings is paralleled by her sensible practicality in evaluating the actions of law enforcement officers. For example, in United States v. Falso, the defendant was convicted of possessing child pornography after FBI agents searched his home with a warrant. The warrant should not have been issued, but the agents did not know that, and Judge Sotomayor wrote for the court that the officers’ good faith justified using the evidence they found. Similarly in United States v. Santa, Judge Sotomayor ruled that when police search a suspect based on a mistaken belief that there is a valid arrest warrant out on him, evidence found during the search should not be suppressed. Ten years later, in Herring v. United States, the Supreme Court reached the same conclusion. In her 1997 confirmation hearing, Sotomayor spoke of her judicial philosophy, saying” I don’t believe we should bend the Constitution under any circumstance. It says what it says. We should do honor to it.” Her record on the Second Circuit holds true to that statement. For example, in Hankins v. Lyght, she argued in dissent that the federal government risks “an unconstitutional trespass” if it attempts to dictate to religious organizations who they can or cannot hire or dismiss as spiritual leaders. Since joining the Second Circuit, Sotomayor has honored the Constitution, the rule of law, and justice, often forging consensus and winning conservative colleagues to her point of view.
A Commitment to Community
Judge Sotomayor is deeply committed to her family, to her co-workers, and to her community. Judge Sotomayor is a doting aunt to her brother Juan’s three children and an attentive godmother to five more. She still speaks to her mother, who now lives in Florida, every day. At the courthouse, Judge Sotomayor helped found the collegiality committee to foster stronger personal relationships among members of the court. Seizing an opportunity to lead others on the path to success, she recruited judges to join her in inviting young women to the courthouse on Take Your Daughter to Work Day, and mentors young students from troubled neighborhoods Her favorite project, however, is the Development School for Youth program, which sponsors workshops for inner city high school students. Every semester, approximately 70 students attend 16 weekly workshops that are designed to teach them how to function in a work setting. The workshop leaders include investment bankers, corporate executives and Judge Sotomayor, who conducts a workshop on the law for 25 to 35 students. She uses as her vehicle the trial of Goldilocks and recruits six lawyers to help her. The students play various roles, including the parts of the prosecutor, the defense attorney, Goldilocks and the jurors, and in the process they get to experience openings, closings, direct and cross-examinations. In addition to the workshop experience, each student is offered a summer job by one of the corporate sponsors. The experience is rewarding for the lawyers and exciting for the students, commented Judge Sotomayor, as “it opens up possibilities that the students never dreamed of before.” [Federal Bar Council News, Sept./Oct./Nov. 2005, p.20] This is one of many ways that Judge Sotomayor gives back to her community and inspires young people to achieve their dreams.
She has served as a member of the Second Circuit Task Force on Gender, Racial and Ethnic Fairness in the Courts and was formerly on the Boards of Directors of the New York Mortgage Agency, the New York City Campaign Finance Board, and the Puerto Rican Legal Defense and Education Fund.
EJS Supports Call for Criminal Investigation Into Torture
On Wednesday, April 29, 2009, the Board and Staff of the Equal Justice Society sent the following to the Senate and House Judiciary Committees:
The Equal Justice Society would like to go on record as supporting the call to start a criminal investigation by a special counsel into harsh interrogations of terrorism suspects. We have been shocked by recent revelations of abuses that were committed in our name as Americans. We were shocked to learn that our government used tactics perfected during the Spanish Inquisition and refined by Pol Pot and the Khmer Rouge. As a civil rights organization, we denounced the use of torture during the Bush administration to no avail. Now as a country, we have an opportunity to reclaim our honor.
President Obama addressed this issue tonight in his press conference when he said, “I was struck by an article that I was reading the other day talking about the fact that the British during World War II, when London was being bombed to smithereens, had 200 or so detainees. And Churchill said, “We don’t torture,” when the entire British — all of the British people were being subjected to unimaginable risk and threat.
“And the reason was that Churchill understood — you start taking short-cuts, over time, that corrodes what’s best in a people. It corrodes the character of a country. And so I strongly believed that the steps that we’ve taken to prevent these kinds of enhanced interrogation techniques will make us stronger over the long term and make us safer over the long term because it will put us in a — in a position where we can still get information. “In some cases, it may be harder, but part of what makes us, I think, still a beacon to the world is that we are willing to hold true to our ideals even when it’s hard, not just when it’s easy”You know of the work of the Equal Justice Society and what we stand for. We want to add our voices to those calling for an accounting. We hope that the legislature will make sure that no one is above the law.
