Claims of lack of diversity and flawed process are behind request to President Obama to withdraw six names.
Daily Report
December 26, 2013
Four Georgia Democratic congressmen on Monday called on President
Barack Obama to withdraw his nominations for six federal judgeships in
the state, claiming the White House's selection process was flawed and
resulted in too little racial diversity.
Representatives John
Lewis, David Scott and Hank Johnson, all African-American legislators
for the Atlanta area, made their views plain at a Monday morning press
conference at Ebenezer Baptist Church in Atlanta. They said Rep. Sanford
Bishop Jr. of southwest Georgia supported their efforts.
Joined
by other African-American leaders who opposed the slate of nominees—all
but one of them white—the congressmen focused on two district court
nominees. They targeted Troutman Sanders
partner Mark Cohen for his defense of the state's voter photo ID law as
a special assistant attorney general and Judge Michael Boggs of the
Georgia Court of Appeals for stances he took in the General Assembly
against abortion rights and gay rights and for a state flag containing a
Confederate symbol.
The Rev. C.T. Vivian—whom Obama awarded the Medal of Freedom last month—called for a national campaign, saying the message against the nominees must reach "every street corner" and "every TV set."
Lewis said he was prepared to testify against Boggs and
Cohen before the U.S. Senate Judiciary Committee, calling them "unfit"
for the federal posts.
"We believe it is not too late to turn this train around," said Lewis.
Obama's nominees for the U.S. Court of Appeals for the Eleventh Circuit
are Bondurant Mixson & Elmore partner Jill Pryor, who was nominated
to the post nearly two years ago, and Northern District Chief Judge
Julie Carnes. The district court nominees, which includes a nominee to
replace Carnes if her promotion is confirmed, are Boggs, Cohen, Leigh
Martin May of Butler, Wooten & Fryhofer and Judge Eleanor Ross of
DeKalb County State Court.
Ross, a former Fulton County assistant
district attorney who was tapped by Republican Gov. Nathan Deal to be a
judge in DeKalb, is the only African-American among the six nominees.
In September, Lewis, Johnson, Scott, Bishop and Rep. John Barrow wrote
to White House Counsel Kathryn Ruemmler about the slate of
then-prospective nominees that reportedly had been agreed to by the
state's Republican senators, Saxby Chambliss and Johnny Isakson. The
letter said the congressmen were "disappointed, shocked, and chagrined"
when they learned of the White House's willingness to consider a package
deal of prospective nominees so lacking in diversity and that had been
put together without their knowledge.
Holland & Knight
partner Charles Johnson, coconvenor of a group of African-American bar
associations that orchestrated Monday's event, complained that the
process for selecting nominees for the Northern District and Eleventh
Circuit was "selective, secretive, exclusionary and highly flawed." He
said Obama should start over with a more open process.
With no Georgia Democrat in the Senate, which must confirm judicial
nominees, the process by which Obama seeks recommendations in the state
has been vague. In his first term, Georgia's Democratic congressmen
appointed a screening committee to make suggestions on district court
judgeships in secret.
Lewis said a list of recommended nominees
provided to the White House by the Georgia Democratic congressional
delegation apparently had been "discarded" by the state's senators. He
said he didn't want to identify any of their suggested nominees,
although he described a woman that appeared to be V. Natasha Perdew
Silas. Obama nominated her to the district court in January 2011 but
dropped the nomination after the senators objected.
Asked Monday
if the congressional panel should have been more transparent—such as
publicizing the names of applicants and recommendations—Hank Johnson
said the process is "discreet" but should "inclusive." A lawyer, Johnson
declined to say whom he would like to see nominated, saying, "We're not
looking to put people's aspirations out to the public view before
they're actually nominated."
Scott criticized the nomination of
Cohen in light of his legal defense of the voter ID law, which Scott
said was targeted at suppressing African-American voters.
Emphasizing that both Obama and his attorney general, Eric Holder, are
black, Scott said, "There is no hurt like hurt by the one you love."
He did not mention that Cohen had been appointed to defend the law by
then-state Attorney General Thurbert Baker, also a black Democrat.
Norman Underwood, the chairman of Governor Zell Miller's Judicial
Nominating Commission and one of Cohen's law partners, has said that
when Cohen served as Miller's executive counsel, he worked closely with
the governor as Miller began a concerted effort to appoint what became
an unprecedented number of African-Americans as judges across the state.
State Senator Vincent Fort, D-Atlanta, took to the pulpit to highlight
certain aspects of Boggs' record as a Democratic member of the state
House of Representatives from Waycross for 2000 to 2004. Fort previously
had publicized Boggs' 2001 vote to retain Georgia's old state flag,
which was embedded with the Confederate battle emblem. On Monday he
offered more research, saying Boggs had spoken in favor of the
legislation that authorized the 2004 state referendum banning gay
marriage and had sponsored anti-abortion legislation during the 2003-04
legislative session. Materials Fort distributed to the media showed
Boggs sponsored bills, neither of which came to a vote that session, to
strengthen the state's law requiring minors seeking an abortion to
notify a parent or go before a judge and to create "Choose Life" license
plates.
"Michael Boggs is on the wrong side of history," said Fort.
Federal judicial nominees generally do not comment pursuant to White
House protocol, and neither Cohen nor Boggs could be reached for comment
on Monday.
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