Dave Weigel reports that the conservative Committee for Justice is complaining in the aftermath of the nomination of one Latino and one African American to the federal bench, that President Obama's judicial nominees aren't diverse enough because there aren't enough southern white men among them.
Does President Obama or his advisors believe that southern white men are likely to be bigoted, making them unfit to serve on the second most powerful court in the land? We hope not and readily concede that it is difficult to know if any such stereotype lurks in the White House. The absence of southern white male circuit nominees could, instead, be an innocent coincidence or the not-so-innocent byproduct of a judicial selection process dominated by racial and gender preferences.
But regardless of the reason for the pattern we noted in 2007 and again now, even the appearance that Democrats are biased against southern white men is a potential problem for the party generally, and for President Obama's goal of transcending old racial divisions.
Just to put this in perspective, a whopping 18 percent of judges on the federal bench are people of color. But in the eyes of this conservative group, assigning more white men to the federal bench "transcends racial divisions," and that doing otherwise reflects a selection process "dominated by racial and gender preferences." Conservatives regularly try to cast affirmative action as racially discriminatory, but rarely does someone openly admit that their only issue with the process is simply who is being discriminated against.
There's something to be said for considering diversity of life and professional experience in picking judges, but some conservatives often don't seem too concerned about such things unless -- as in this case -- they're making the argument on behalf of white men.
-- A. Serwer
