The Leadership Conference on Civil and Human Rights

Protect the Rights of All Americans in Filling Court Vacancy

Advocacy Letter - 07/08/05

Source: The Coalition for a Fair and Independent Judiciary
Recipient: Senator

Dear Senator,

We, the undersigned organizations, urge you to ensure that the upcoming nomination and confirmation of a new Supreme Court justice is undertaken in a thorough and deliberate manner that produces a justice who serves the interests of all Americans.

We believe that it is critically important that anyone confirmed to the Supreme Court is committed to the protection of individual rights and liberties, has an open, independent mind without a political agenda, and will ensure that the Court will protect all Americans and not powerful special interests. Choosing a Supreme Court justice is one of the most important national decisions to be made, as justices are appointed for life and they have the last word on our constitutional rights. Their decisions affect us all, as the high Court is the final arbiter of questions relating to the individual rights of minorities and women, individual rights and freedoms of all, the rights of workers, environmental and consumer protections, and a host of other important issues now and in the future.

We strongly urge President Bush to engage in meaningful consultation with the Senate, prior to announcing any nominee, as presidents from both parties have done in the past.
The Constitution, through its "advice and consent" clause, makes the president and the Senate equal partners in the appointment and confirmation of federal judges. As such,
President Bush should reach out to both Republican and Democratic senators to identify and nominate a consensus candidate who is committed to the protection of the rights, liberties, and freedom of all Americans. At this time in our history, with our nation divided along partisan lines, it is critically important that any nominee be independent and free from partisan and ideological biases. If the president engages in true consultation, which we urged him to do in a letter sent today, the process will produce a nominee who is respected by both sides and can be confirmed on a bipartisan basis.

Given the extraordinary impact of the Supreme Court on civil and human rights and on legal protections in general, and given Justice O'Connor's distinguished record as a frequent independent voice of reason on the Court, the Senate has an obligation, to all Americans, to assert its role as an equal partner in the process of filling her seat on the
Court.

To that end, we urge you to support a thorough and deliberative confirmation process. The Senate Judiciary Committee should conduct full and complete hearings on the nominee, all relevant documents pertaining to the nominee should be produced and examined, and Committee members should have the opportunity to ask exhaustive questions.

In addition, the Senate can only do its job, and ensure that a new Supreme Court justice will uphold our constitutional rights and freedoms, if the nominee and the administration are forthcoming about his or her qualifications, background, and constitutional philosophy. Concealing or withholding vital information from senators and the American people is unacceptable when the consequences for our nation's future are so great.

Finally, given the tremendous public interest in the next justice of the Supreme Court, we urge you to ensure adequate time between the selection of a nominee and his or her confirmation hearing. This will eliminate any appearance of an effort to rush or "rubberstamp" the confirmation, and will maximize the confidence of the public in the process. In previous Supreme Court nominations since 1980, an average of 54 days has elapsed between the announcement of a nominee and the first day of confirmation hearings.

There is no entitlement to confirmation. Only a nominee who can clearly and convincingly demonstrate a commitment to fairness and independence should earn a lifetime seat on our nation's highest court. The President must select someone from inside the judicial mainstream, and ensure that anyone who receives a lifetime appointment to our highest court is impartial in upholding the law and the Constitution, independent of partisan politics, and committed to protecting the rights and freedoms of every American. Justice O'Connor's legacy demands no less.

Thank you for your consideration. If you have any questions, please feel free to contact Rob Randhava of the Leadership Conference on Civil Rights at 202-466-6058 or Dick Woodruff of the Alliance for Justice at 202-822-6070 ext. 335.

Sincerely,
ADA Watch/National Coalition for Disability Rights
Alliance for Justice
The American-Arab Anti-Discrimination Committee
American Association for Affirmative Action
American Association of People with Disabilities
American Association of University Women
American Federation of Government Employees (AFGE), AFL-CIO
American Federation of Labor - Congress of Industrial Organizations (AFL-CIO)
American Federation of State, County and Municipal Employees (AFSCME)
American Humanist Association and Equal Partners in Faith
Americans for Democratic Action
Americans for Religious Liberty
Americans United for Separation of Church and State
Bazelon Center for Mental Health Law
Bill of Rights Defense Committee
Center for American Progress
Center for Community Change
Center for Prophetic Renewal, Los Angeles
Center for Reproductive Rights
Central Conference of American Rabbis
Christians for Justice Action (United Church of Christ)
Citizens' Commission on Civil Rights
Committee for Judicial Independence
Community Rights Counsel
Disability Rights Education and Defense Fund
Disciples Justice Action Network (Disciples of Christ)
Earthjustice
Equal Partners in Faith
Faith Voices for the Common Good
Friends Committee on National Legislation (Quaker)
Friends of the Earth
Human Rights Campaign
The Interfaith Alliance (TIA)
Lambda Legal
Lawyers' Committee for Civil Rights Under Law
Leadership Conference on Civil Rights
Legal Momentum
Methodist Federation for Social Action
Mexican American Legal Defense and Educational Fund (MALDEF)
MoveOn PAC
NAACP Legal Defense & Educational Fund, Inc.
NARAL Pro-Choice America
National Abortion Federation
National Alliance of Postal and Federal Employees
National Asian Pacific American Legal Consortium (NAPALC)
National Association for the Advancement of Colored People (NAACP)
National Association of Muslim Lawyers (NAML)
National Association of the Deaf
National Coalition on Black Civic Participation
National Council of Jewish Women
National Council of La Raza
National Council on Independent Living (NCIL)
National Employment Lawyers Association
National Fair Housing Alliance
National Family Planning and Reproductive Health Association
National Gay and Lesbian Task Force
National Latina Institute for Reproductive Health
National Partnership for Women & Families
National Puerto Rican Coalition
National Senior Citizens Law Center
National Urban League
National Women's Law Center
National Women's Political Caucus
NETWORK: A Catholic Social Justice Lobby
New Mexico Religious Coalition for Reproductive Choice
Open Society Policy Center
Parents, Families and Friends of Lesbians and Gays (PFLAG)
People for the American Way
Physicians for Reproductive Choice and Health
Planned Parenthood Federation of America
Rabbinical Assembly
Religious Coalition for Reproductive Choice
Religious Institute on Sexual Morality, Justice, and Healing
Service Employees International Union (SEIU)
The Shalom Center
Sierra Club
Union for Reform Judaism
Unitarian Universalist Association
United Food and Commercial Workers International Union
USAction
The Witherspoon Society (Presbyterian Church, USA)
Women Employed
Women of Reform Judaism
YWCA USA