The Leadership Conference on Civil and Human Rights

Spring 1991: Volume 5, Number 4

Civil Rights Monitor
Spring 1991

• Introduction
• Senate Judiciary Committee Rejects Judge Kenneth Ryskamp
• Supreme Court Rules in Fetal Protection Case
• Supreme Court Accepts Georgia School Desegregation Case
• Supreme Court Accepts Higher Education Desegregation Case
• Supreme Court Hears Oral Arguments in Voting Rights Cases
• My Mind on Freedom: 40 Years of LCCR

Senate Judiciary Committee Rejects Judge Kenneth Ryskamp

On April 11, the Senate Judiciary Committee voted 8-6, along party lines, against confirming the nomination of Federal District Jugdc Ryskamp to the 11th Circuit Court of Appeals. The vote was on a motion to send the nomination to the Senate floor with a committee recommendation that Ryskamp be confirmed. The com mittee then killed the nomination by refusing on a tie vote, 7-7, to send it to the floor without a recommendation for or against. Senator Dennis DeConcini (D-AR) switched his vote. This is the first time a Bush Ad ministration judicial nominee has been turned down. The Committee had conducted two days of hearings on March 19 and 20.

In statements prior to the vote, Democratic Senators said they had agonized over the decision, and that they were concerned that the nominee was insensitive to minorities. Republican Senators, Hatch (R-UT) in par ticular, made impassioned statements in support of the nominee. Senator Hatch said the nominee was op posed by liberal groups because his elevation to the 11th Circuit would give that Court a majority of conserva tives: "It's time for us to stand up and say to these advocacy groups, that's not reason enough to do this to a man of this quality."

Senator Howell Heflin (D-AL), whose state is one of the three over which the 11th Circuit has jurisdiction, and who is himself a former judge, said:

"The perception of justice is extremely important. The Eleventh Circuit and the Fifth Circuit (out of which the Eleventh Circuit was created) have established an outstand ing reputation for being bastions in enforcing 'equal justice under law'. Litigants who come before the Eleventh Circuit feel that they will be dealt with fairly and impartially. This perception must not be changed ... Regardless of whether or not their concerns and sentiments are well founded,...[Florida] Hispanic officials, who are members of the President's own political party, as well as the Latin-American community of Florida, will have the perception that Judge Ryskamp will not be fair and impartial."

Senator Joseph Biden, Chair of the Judiciary Committee said:

"Today, this Committee performs one of its most important duties: Voting on the con firmation of a nominee to the federal bench. Judge Kenneth Ryskamp has been nominated to serve on the U.S. Court of Appeals for the 11th Circuit. Next to the Supreme Court, the Federal Courts of Appeals are the most important courts in this country ... Over the past two years, this committee has approved every single person nominated by President Bush for the federal bench ... The most troubling aspect of this nomination. . .[is his failure to adhere to precedent.].. Judge Ryskamp's record is undeni able: six times, acting unanimously, the Eleventh Circuit has had to reverse Judge Rys kamp for his disregard of binding precedents. All six cases (all six cases) involved civil rights or constitutional claims ... To elevate Ryskamp to the Eleventh Circuit would be to risk that any future disregard for precedent would be that much more difficult to correct - since for the 20 million people who live within the Eleventh Circuit, 99% of the time, that Court is their Court of last resort..."