Late last week, there was a very rare piece of good news involving civil rights and the Roberts Court. The news was good because a crucial civil-rights case will no longer involve the Roberts Court. The township of Mount Holly, New Jersey settled a lawsuit brought under the Fair Housing Act (FHA), and in so doing thankfully deprived the five Republican appointees on the Supreme Court of another opportunity to take a meat axe to federal civil-rights protections.
Senate Republicans have continued their blockade of nominations to the powerful D.C. Circuit Court of Appeals. On Tuesday, the GOP minority blocked a vote on the nomination of Cornelia ("Nina") Pillard to the D.C. Circuit. Fifty-six senators voted in favor of moving forward with the nomination. Pillard is typical of the circuit court judges the Republican minority has had a particular distaste for. First, she's not a white male. And second, she has utterly mainstream legal views that hardly meet the "extraordinary circumstances" the Senate allegedly requires to filibuster a judicial nominee.
On the first point, Jennifer Bendery of Huffington Post observes that the three women the GOP minority has now prevented from getting up-or-down votes are part of a trend:
Ten of the sidelined judicial nominees are women, two are openly gay and nine are minorities (seven are African American, one is Asian American and one is Native American). The lone executive nominee being blocked right now, Rep. Mel Watt (D-N.C.), is African American.
This is not to say that the fact Republicans are filibustering a disproportionate number of these nominees because of their race or gender. That they're nominees of a Democratic president was already damning enough evidence of their inability to carry out the law, in the GOP's opinion. Nonetheless, irrespective of their motivations, the result of Republican obstructionism is to make the federal courts less diverse than they should be.
Like a not very bright seven-year-old with a shiny new toy, the National Review has found an inane talking point to run into the ground. "Republican AGs vs. Obama’s Court-Packing Plan" announces one headline. "House Testimony on D.C. Circuit Court-Packing Plan" says another.
The disturbing failure to prosecute alleged rapists in Maryville, Missouri, represents an all-too-common failure of American legal systems. In The Nation, Jill Filipovic has a must-read article highlighting another part of the problem: the Supreme Court. The Court's conservative justices have taken a federal remedy away from sexual-assault victims, in a case that represents a pattern in the Republican war on civil-rights enforcement.
Yesterday, the Court heard oral arguments in Schuette v. Coalition to Defend Affirmative Action. The case involves a decision by the 6th Circuit Court of Appeals to strike down a Michigan constitutional amendment banning the use of racial preferences in higher education. The oral argument did nothing to dispel the nearly universal assumption of court-watchers that the decision will be reversed, although the argument against the amendment has a stronger basis in precedent than it's sometimes been given credit for.