LEGAL DEFENSE FUND URGES CONSULTATION , INCREASED COMMITMENT TO CIVIL RIGHTS IN O'CONNOR REPLACEMENT

( Washington, DC – July 1, 2005) Underscoring the high stakes in the selection of the next U.S. Supreme Court Justice, and emphasizing the court’s crucial role in the quest for racial justice, the NAACP Legal Defense Fund (LDF) urged President Bush to seek bipartisan consultation with the Senate and to avoid the divisive rancor that has characterized recent judicial nominations.

“The stakes involved in selecting the next Justice on the Supreme Court could not be higher,” said LDF Director-Counsel and President Theodore M. Shaw. “Just last year, we celebrated the 50th Anniversary of the Court's most historic civil rights case, Brown v. Board of Education. The Court's role today in safeguarding our most fundamental rights is no less important.”

Shaw, available to offer a detailed analysis to the media, issued a brief statement on the retirement of Justice O’Connor. Founded by the late Supreme Court Justice Thurgood Marshall, LDF has presented more cases before the Supreme Court than any other entity except the Department of Justice. Shaw has been involved in or argued many of those cases over the past decade of the Supreme Court.

“We call upon the president to nominate a candidate for the Supreme Court who is not ideologically rigid and predictable, but who is fair, open-minded, and committed to protecting the advances in civil rights that we as a nation have achieved,” Shaw stated.

In assessing the Supreme Court, Shaw praised its “monumental decision” upholding affirmative action in the University of Michigan case, Grutter v. Bollinger. But he offered a mixed assessment in other areas, especially redistricting rulings which significantly weakened the Voting Rights Act. Shaw also criticized the Court’s robust application of the death penalty, while applauding recent decisions “to rein in lower appellate courts” that fail to meaningfully review claims of prosecutorial misconduct and racial discrimination.

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Statement by Theodore M. Shaw, Director-Counsel and President of the NAACP Legal Defense and Educational Fund, Inc.
On the Retirement of Supreme Court Justice Sandra Day O’Connor

Today's announcement marks the end of an era spanning more than two decades with Sandra Day O’Connor as Justice of the United States Supreme Court. During this time, the Court has decided a host of pivotal civil rights issues.

On issues of racial justice, the Court's impact has been profound. The Court has issued an average of four race opinions per term over its last 11 terms, the period for which the current nine justices have served together. Cases involving voting rights have comprised almost half of that docket. In Shaw v. Reno, the court opened the door to attempts to invalidate electoral districts specifically drawn to give minority voters the opportunity to elect candidates of their choice. The Shaw line of cases, culminating in Cromartie v. Hunt, coupled with Georgia v. Ashcroft, significantly weakened the Voting Rights Act.

The Court continues to consider issues regarding racism in the criminal justice system. In Miller-El v. Dretke, the Court overturned the conviction of an African American defendant on the ground that racial bias infected the selection of the jury hearing his case. On the death penalty generally, the Court has reduced the number of death-row appeals. Yet while the Supreme Court has robustly upheld application of the death penalty, recently it has moved to rein in lower appellate courts that fail to meaningfully review claims of prosecutorial misconduct and racial discrimination. At the same time it has rebuked on several occasions the legal system in Texas, which leads the nation in executions.

The stakes involved in selecting the next Justice on the Supreme Court could not be higher. Just last year, we celebrated the 50th Anniversary of the Court's most historic civil rights case, Brown v. Board of Education. The Court's role today in safeguarding our most fundamental rights is no less important. Take, for example, the Court's monumental decision upholding affirmative action in higher education, Grutter v. Bollinger. Had the case been decided differently, higher educational opportunities for today's youth would have been dramatically curtailed.

Given the import of the next nomination, the Senate should be allowed to properly discharge its "advice and consent" obligations under the Constitution. No one is well served by divisive and partisan battles over judicial nominations.

Accordingly, we recommend President Bush consult with Senators from both sides of the aisle before a nomination. Historically, consultation has occurred with many nominations to the Supreme Court, including the last two, Justice Ginsburg and Justice Breyer, and the principle was supported by a bipartisan group of senators in their recent agreement regarding the use of the filibuster. With meaningful consultation, the American people can be spared the spectacle of a bitter and divisive partisan battle. We call upon the president to nominate a candidate for the Supreme Court who is not ideologically rigid and predictable, but who is fair and open-minded, and committed to protecting the advances in civil rights that we as a nation have achieved.

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