In short, a judge who wrote a thoughtful, reasoned dissent in a murder case was told that it disqualified him for a federal judgeship. Think about what that means for our constitutional system.
Judicial independence has been a fundamental feature of the American system for 200 years and more. We rely on judges to enforce the Constitution: to protect our liberties. But a judge who does so in a controversial case is on notice from John Ashcroft that he may be punished. The judge must reject the constitutional claim, however meritorious, or face a malicious smear.
There is a slimy feel to Senator Ashcroft's behavior with Judge White. One of the Republicans who voted against the judge at Senator Ashcroft's urging, Arlen Specter of Pennsylvania, told Judge White the other day, "The Senate owes you an apology." Commentators have urged Senator Ashcroft to apologize, but he has refused.
The minority attorneys in Ashcroft's Justice Department are stuck between a rock and a hard place. Lawyers of color are disproportionately employed in government because they are less likely to be hired in the private sector. When they face discrimination in their public sector positions, their only remaining choice may be personal or small group practice. However, because of lack of the financial equity many white professionals take for granted, people of color are more likely to be unable to set up their own small businesses. I suspect there is a lot of grinning and bearing it going on at the Justice Department.
Note: This entry originally appeared at Silver Rights.
Article comments
1 - Hal Pawluk
That same report, half of which was blacked out, was defended by the next #2 in the Justice Department, who was appointed to investigate the CIA leak.
Justice Dept Nominee Pledges Integrity In CIA Leak Probe
WASHINGTON (AP)--President George W. Bush's nominee for the No. 2 post at the Justice Department promised Wednesday the investigation into the leak of an undercover CIA officer's name would be handled with integrity.
"I don't care about politics. I don't care about expediency. I care about doing the right thing," [James B.] Comey told the Senate Judiciary Committee. "I would never be involved in something I believed to be fundamentally wrong."
Maybe he just didn't "believe it to be fundamentally wrong" to hide the truths in the report. Think we'll get justice here?
2 - Mac Diva
Thanks, Hal. That information really makes the picture clearer. If someone that high up is doing damage control, a message is sent about leadership alright.
3 - Hal Pawluk
That message has been out there for quite a while - few seem to be listening. I'm not sure what it will take to wake them up.