Friday, June 18, 2010

Elana Kagen is Not an Acceptable Supreme Court Choice for African-Americans

I believe that a qualified progressive African-American should be appointed to the vacancy on the United State Supreme Court. Therefore, I don’t support his nomination of Elena Kagan to the Supreme Court.

I supported President Obama’s quest to become president. I also actively supported United State Supreme Court Associate Justice Sotomayor’s confirmation to the Court. During his January 27, 2010, State of the Union Address President Obama stated that his administration would enforce the Equal Pay Law so that women would get equal pay for an equal day of work. I believe that president and his administration need to also actively enforce Title VII of the Civil Rights Act of 1964 as amended prohibition against discrimination and retaliation.

The unemployment rate in the African-American is higher than the national average of 10 percent. I believe that one of the many reasons for the high unemployment rate for minority is employment discrimination based on race.  After suffering employment discrimination many minorities filing Title VII cases are denied their right to a jury trial. Many companies, states, and corporations are improperly using summary judgment motions (Federal Rules of Civil Procedures #56) to cover up employment discrimination.

The defendants in these cases file summary judgment motions that results in many cases unjustly dismissed by the district court. The Defendants and their legal representatives know that once a discrimination case filed by an African American is dismissed that the Court of Appeals rarely reverses those decisions. Attorneys and agencies including the New York State Attorney General’s Office realizes that the Supreme Court reviews less than one hundred of the approximately ten thousand petition for Writ of Certiorari filed each year with the Court.  Therefore, African-Americans should not have BLIND FAITH that a nominee without a record of her position on issues of race and Affirmative Action will serve our needs. Kagen should be rejected by our community and President Obama should appoint someone with a strong Civil Rights background to the Court.

I hope that President Obama will take advantage of this opportunity and appoint an African American who is highly qualified, has experience as a judge, and has empathy to the plight of the poor and disadvantaged. Retired GA Chief Supreme Court Justice Sears meets these criteria.

Vera Richardson

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