More Weirdness at the New Republic: Jeffrey Rosen on the Supreme Court Edition
Upward Mobility: Reality and Illusion

Senate Republicans: The Racist Party

The Republicans put Jefferson Beauregard Sessions III in charge of their faction of the Judiciary Committee.

Sarah Wildman:

Closed Sessions: [In 1986] Sessions was U.S. Attorney for the Southern District of Alabama. The year before his nomination to federal court, he had unsuccessfully prosecuted three civil rights workers--including Albert Turner, a former aide to Martin Luther King Jr.--on a tenuous case of voter fraud. The three had been working in the "Black Belt" counties of Alabama.... Sessions's focus on these counties to the exclusion of others caused an uproar among civil rights leaders, especially after hours of interrogating black absentee voters produced only 14 allegedly tampered ballots out of more than 1.7 million cast in the state in the 1984 election. The activists, known as the Marion Three, were acquitted in four hours.... Civil rights groups charged that Sessions had been looking for voter fraud in the black community and overlooking the same violations among whites, at least partly to help reelect his friend Senator Denton....

Senate Democrats tracked down a career Justice Department employee named J. Gerald Hebert, who testified, albeit reluctantly, that in a conversation between the two men Sessions had labeled the National Association for the Advancement of Colored People (NAACP) and the American Civil Liberties Union (ACLU) "un-American" and "Communist-inspired." Hebert said Sessions had claimed these groups "forced civil rights down the throats of people." In his confirmation hearings, Sessions sealed his own fate by saying such groups could be construed as "un-American" when "they involve themselves in promoting un-American positions" in foreign policy. Hebert testified that... Sessions had called a white civil rights lawyer a "disgrace to his race" for litigating voting rights cases. Sessions acknowledged making many of the statements attributed to him but claimed that most of the time he had been joking.... He further admitted to calling the Voting Rights Act of 1965 a "piece of intrusive legislation."...

[A] black former assistant U.S. Attorney in Alabama named Thomas Figures--testified that, during a 1981 murder investigation involving the Ku Klux Klan, Sessions was heard by several colleagues commenting that he "used to think they [the Klan] were OK" until he found out some of them were "pot smokers." Sessions claimed the comment was clearly said in jest.... Sessions... warned him to "be careful what you say to white folks." Figures echoed Hebert's claims, saying he too had heard Sessions call various civil rights organizations, including the National Council of Churches and the Southern Christian Leadership Conference, "un-American."...

The Republican-controlled Judiciary Committee finally voted ten to eight against sending Sessions to the Senate floor. The decisive vote was cast by the other senator from Alabama, Democrat Howell Heflin, a former Alabama Supreme Court justice, who said, "[M]y duty to the justice system is greater than any duty to any one individual"...

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