The Leadership Conference on Civil and Human Rights

Volume 4 Number 3

WHY LUCAS WAS DEFEATED

On August 1, 1989 the Senate Judiciary Committee by a vote of 7-7 refused to approve a motion to report favorably to the full Senate the nomination of William Lucas to be Assistant Attorney General for Civil Rights. The Committee also failed by the same vote to approve a motion to report the nomination without a recommendation, killing the nomination in committee. The vote on the nomination had been held over from July 26 because Senator Heflin (D-AL) had indicated he needed more time to consider the nomination. As the committee convened on August 1, Senator Heflin's vote was the only vote in question. Citing Lucas' lack of experience and qualifications and questioning his managerial accomplishments, the Senator said he would vote against the nomination.

"In the normal course of events, you'd expect appointments to the antitrust, criminal law, lands, civil rights and other divisions to be filled by lawyers who have established reputations in each of these specialized fields. Mr. Lucas admits his lack of legal experience, but says his background of managerial accomplishments and his dedication justify his confirmation. His history in the Wayne County jail case in which he was held in contempt of court causes me concern about his management abilities..."

Senator Strom Thurmond (R-SC) who strongly supported the nomination said:

"It seems to me we ought to give this black man a chance. He's a minority, yes; minorities are entitled to a chance. Years ago they didn't have a chance; I know down South they didn't, and up North either. I say let's confirm this man and show the world that we are fair... Turn him down simply because he's black? That's the word that will go out to other countries. That's the word that will go out to this country."

Senator Simpson said the rejection of Lucas was "racism in reverse."

"To say, 'Give Bill Lucas a chance,' as several have said, that 'I would vote for him in some other position,' or 'Give him a chance and I would help him in anything else in the Administration,' that's kind of like back-of-the-bus stuff in the 1960's. It's discrimination; it's racism in reverse."

Other senators spoke of Lucas' lack of qualifications and commitment to civil rights. Senator Howard Metzenbaurn (D-OH) said:

"The President has selected a man to be Assistant Attorney General who candidly admits that he is 'new to the law.' Would we accept a key economic adviser who is new to economics or a science adviser who is new to science."

Senator Paul Simon (D-IL) said he had been looking for "a real, gut commitment to lead the charge on civil rights. And there was just no evidence of that gut commitment being there."

On August 11, Attorney General Dick Thornburgh announced that he had hired Mr. Lucas as Director of the Office of Liaison Services in the Department of Justice, a position that does not require Senate confirmation. Mr. Lucas will serve as liaison with local law enforcement agencies, civil rights and community groups, and state and local governments.

As the MONITOR went to press, the post of Assistant Attorney General for Civil Rights had still not been filled. Attorney General Thornburgh has indicated that the delay in filling the position was due to the rejection of Lucas. "Once burned, twice shy. We saw someone I felt was an appropriate candidate roughed up pretty badly in the Judiciary Committee. Frankly that has scared off some people who might otherwise be interested. We are anxious to get someone nominated and confirmed. It's just on the basis of recent experience it's going to be a little bit challenging" (James Rowley, The Associated Press).