In an extraordinary assault on the independence and "colorblindness" of the
Supreme Court, Congressional democrats, aided by the NAACP and the Congressional Black
Caucus, have developed a strategy to force the high court to make more decisions which are
favorable to racial quotas and racial preferences: force the court to hire more
minority law clerks!
Articles ] [ Justice Rehquist's Response ]
(U.S. Supreme Court):
of Qualified Minority Clerks is Presumed Racist (10/04/99)
"A coalition representing minorities and womens groups called for greater
[racial and gender quota hiring goals] among Supreme Court law clerks as the court opened
a new term today.
"This years class of clerks has more black and brown faces than any other in
recent memory. Among the new class of 35 law clerks at work for the highest courts
nine justices are five minority clerks two blacks and three Asian-Americans. Last
years class included one, a Hispanic. [The flawed implication of the racial lobby is
that fewer minority clerks equates to fewer favorable decisions by the high court
regarding discriminatory racial quotas and preferences cases before the court.]
"But at a press conference, NAACP President Kweisi Mfume said the court still sends
out the message that "people of color need not apply," for the influential
clerkships. [Mfume blithely ignores the fact that there are very few qualified
"minority" graduates available from the nations law schools. Mfume and his
ilk imply that evil, white oppressors prevent persons of color from achieving the
requisite legal training.]
"[Says Mfume] People of good will understand this hypocrisy must end on the Supreme
Court," Mfume said. "If the court were a private company, it would have been
found guilty long ago of racial discrimination." [Mfume ignores the fact that the
NAACPs federal government allies have unilaterally and undemocratically imposed
"racial counting" and "racial profile" requirements upon private
companies without any democratic vote by the citizen-voters on this issue.]"
(Associated Press 10/04/99 via ABC News)
(U.S. Supreme Court): Minority Clerk Hiring Dominates Hearing
The author of this article for "California Law", Mr. Tony Mauro, displays an
exceptional bias in favor of racial quotas and racially preferential hiring
policies. In this article, Mr. Mauro uses sarcasm and racist assumptions to infer
that the Supreme Court would issue better race-based decisions if only the justices would
submit to "hiring law clerks by the racial numbers".
It is clear that author Mauro believes, as does the Congressional Black Caucus and the
NAACP, that if the high court is forced to hire minority law clerks -- the work horses of
the Supreme Court -- then the presumed racial allegiance of the minority clerks will force
the high court to render decisions which are more favorable to discriminatory government
policies mandating racial hiring quotas.
In this article, Mauro writes in part: "Justices David Souter and Clarence
Thomas were grilled [by the House Appropriations Committee, which is dominated by racial
quota sympathizers] for a long time about an issue that is distinctly the court's problem
-- the dearth of minorities hired as law clerks at the court. The exchange that resulted
was extraordinary, not only because Congress so rarely questions the court closely about
its internal workings, but because of the justices' tone in reply.
"Both justices did defend the court briefly and in a general way, asserting that none
of the justices discriminates in hiring clerks. 'I must stand by the chief justice,'
Thomas said more than once. (See: Rehnquist Letter,
Tony Mauro continues in his biased reporting: "But mostly, the justices took
the sharp questioning to heart and acknowledged that the low numbers, first reported a
year ago by this reporter in USA Today, constitute a problem. Fewer than 2 percent of the
clerks hired by the current justices during their tenure on the court -- seven out of 428
-- have been black; roughly 25 percent have been women.
"As they [Souter and Thomas] explained the hiring process in detail, however, the
justices were suggesting that it was not the court's problem as such. They pointed instead
to the feeder system at the law schools and at the appeals courts, which has failed to
push qualified minority candidates through the pipeline that ends in Supreme Court
clerkships." (California Law, 03/15/99, by Tony Mauro)
(U.S. Supreme Court): Justices Defend Hiring Practices (03/11/99 - dead)
"Testifying before a congressional committee for the first time since he joined the
Supreme Court, Justice Clarence Thomas yesterday defended the hiring practices that have
produced a dearth of female and minority law clerks at the nation's highest court.
'There is not a person at the court who would not want to change this,' Thomas said.
But the man who became only the second black justice in history and is a staunch critic of
affirmative action added, 'At this level you just can't take chances [with unproven
"Thomas said the justices seek to hire people who held clerkships at lower federal
courts and excelled at top law schools -- which traditionally are bastions of white
men. Appearing with [Thomas], Justice David H. Souter said the justices effectively
'rely on the law schools and other courts to make the cut for us.' [Souter]
said he tells aides who help him screen applicants, 'Get me the cream.' "
(Washington Post, 03/11/99, page A07, by Joan Biskupic)
(U.S. Supreme Court): Justices Defend Hiring Practices (03/10/99 - dead
"Two Supreme Court justices on Wednesday defended the court's record of hiring women
and minorities as law clerks but added there's room for improvement. 'I must stand
in defense of my colleagues,'' Justice Clarence Thomas, the second black to serve on the
nation's highest court, told a House Appropriations subcommittee. 'I do believe that
they would love to see more minorities at the Supreme Court in every capacity.'
"Justice David H. Souter predicted new pressure at law schools to see that more
high-achieving minorities and women are among those recommended for
clerkships." (AP, via Fox News, by Lauries Asseo)
(U.S. Supreme Court): NAACP Quota Pushers: Clarence Thomas, Sandra
Day O'Connor are NOT Enough! (Dead Link)
The NAACP and "racial quota supporters" don't think that Clarence Thomas and
Sandra Day O'Connor offer sufficient representation of minorities and women on the High
Court! Nope, the NAACP wants black law clerks with an attitude to influence
the Justices' decisions. 19 quota supporters arrested during demonstration.
(Washington Post 10/6/98; link no longer available.)
Stories: The Supremes
tell Congress, racial lobbyists "Buzz Off - When there are qualified
minorities who apply for the job we will interview them."
Rehnquist letter (USA Today
12/08/98) -- Full text of the letter Chief Justice William Rehnquist sent Nov. 17 to three
congressmen who complained to the court about the small number of minorities who are law
Justices Doing Their Best on
Minority Hiring (AP 12/10/98) --
"Two justices defended the court's record on hiring minority and female law clerks...
The justices do the best they can in choosing from qualified applicants."
Rehnquist Denies Bias in Hiring of Law Clerks (dead link) (Washington Post 12/08/98)
Rehnquist rejects call for dialogue
on minority hiring (AP
Court defends clerk hiring
practices (USA Today 12/08/98)
Rehnquist: Diversity a grad
pool function (USA Today
NAACP To Press U.S. High Court On
Minority Clerks (Reuters 12/08/98)
Defend Hiring Practices
(Associated Press 12-07-98)
"The Supreme Court's nine
members, after months of publicly ignoring criticism for not hiring more minorities and
women as law clerks, are defending themselves and rejecting calls for a
"dialogue" with minority bar groups.
"In a recent letter to three black members of Congress, Chief Justice William H.
Rehnquist said it would be "inappropriate for any justice ... to seek guidance from
"In a separate, brief letter to NAACP President Kweisi Mfume, who had requested a
meeting with the chief justice, Rehnquist simply attached a copy of his letter to the
three congressmen. The Associated Press obtained copies of each letter."
Text of Justice Wm. H. Rehnquist's Letter:
Below is the full text of the letter Chief Justice William Rehnquist sent Nov. 17 to the
three congressmen who complained to the court about the small number of minorities who are
law clerks. The complaining Congressmen were Reps. Danny Davis of Illinois, Elijah
Cummings of Maryland and Gregory Meeks of New York. Additional pressure was applied
by the predominantly black National Bar Association and the National Organization for
Women. Who ever said justice was blind, much less colorblind?
Rehnquist wrote: "Gentlemen (Davis,
You recently wrote to each member of the court and strongly urged the court to open ''a
dialogue with minority bar associations regarding the hiring process for judicial clerks
and the development of effective outreach programs.'' We have discussed the contents of
your letter among ourselves, and my colleagues have asked me to reply.
Each of us is satisfied that no person is excluded from consideration for a clerkship
because of race, religion, gender, nationality, or for any other impermissible reason.
Each justice of course acts independently in deciding whom to employ as law clerks. The
importance of preserving this independence makes it inappropriate for the court as an
institution to play a role in the selection of law clerks by individual justices. The same
interest in preserving the independence and impartiality of the judicial process also
makes it inappropriate for any justice, in performing official duties, to seek guidance
from special constituencies. That said, all of the justices are pleased to consider
recommendations and comments from all segments of the bar with respect to the
qualifications and credentials of an applicant.
We agree that the statistics set forth in your letter identify concerns which all of us
share, but you must realize that many factors entirely unrelated to the hiring of law
clerks are responsible for this situation. We select as clerks those who have very strong
academic backgrounds, and have had previously successful law clerk experience, most often
in the federal courts. As the demographic makeup of this pool changes, it seems entirely
likely that the underrepresentation of minorities to which you refer in your letter will
William H. Rehnquist
Justice at the Supreme Court?