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Franks: Republicans have traditionally supported Black SCOTUS candidates

By Gary Franks - | Mar 25, 2022

Courtesy Photo

Gary Franks

History shows that Republican senators have supported Black candidates for the Supreme Court at a far better rate than Democrats.

The list is very short: Thurgood Marshall and Clarence Thomas.

Democrat former President Lyndon Johnson nominated the first Black to serve on the Supreme Court in 1967. The Democrats had the majority in the Senate. Yet it was the Republican senators who overwhelmingly supported Thurgood Marshall in the confirmation vote.

Here are the tallies from that vote:

Democrats: 37 Yeas — 10 Nays — 11 Not Present

Republicans: 32 Yeas — 1 Nay — 3 Not Present

You can see that a far higher percentage of Republicans voted in favor of Marshall than Democrats. And all Republicans voted for the Clarence Thomas confirmation in 1991.

In the 1990s, Republican governors were winning elections on the East and West coasts. It was due to the GOP having the wisdom to work to add voters while not seeking to subtract voters.

Yes, California had a GOP governor as did New York, New Jersey, Michigan, Wisconsin, Connecticut, Pennsylvania and Massachusetts. And yes, all at the same time. Imagine that.

To a degree, it’s appropriate for GOP senators to challenge — but not badger — Judge Ketanji Brown Jackson. The Supreme Court is the most powerful court in the land and upon being confirmed she would be having her last job interview.

While teaching college students over the years I would often explain the term “loyal opposition.” It can be a misconstrued practice and sometimes adversaries take it to an onerous level. But used as intended, it is for the good of the nation to test and evaluate candidates for appointed positions as well as to make legislation better.

However, after the probing and the challenging there comes a time to be objective. It’s a time to leave out unnecessary biases and distorted subjectivity. If the positives outweigh the negatives you must vote “yes.” It should not be a litmus test where one issue can rule out or cancel all the positive attributes of a candidate.

The Republican Party has a solid record on race relations.

Nearly all the groundbreaking events that moved the Civil Rights cause forward was supported more by Republican members of Congress than Democrats. In fact, Democrats were in the way of Civil Rights legislation all too frequently, with a few exceptions.

With former Republican President Dwight D. Eisenhower’s encouragement and nomination, former Republican governor turned chief justice Earl Warren brought us the biggest positive out of the Supreme Court to date on race relations — Brown vs. Board of Education. It was a 9-0 vote.

A few years later, Eisenhower put the Arkansas National Guard under federal authority and sent 1,000 U.S. Army troops to the state where they would ensure that Blacks could attend a desegregated school. This was the first time the military had returned to the South since the Civil War.

All the major Civil Rights related bills on housing, labor, and voting in the 1960s were passed thanks to a larger percentage of Republican votes than Democrat ones.

Former President Richard Nixon (another Republican) gave us strong EEOC (Equal Employment Opportunities Commission) guidelines.

The Affordable Care Act would have come to an abrupt end had it not been for Republican-appointed Chief Justice John Roberts. It was he who cast the deciding vote just a few years ago.

Let us not forget the abysmal Democrat record on race relations over time. Bull Connors, who served as Commissioner of Public Safety for the city of Birmingham, ordered Black citizens to be hosed with water to discourage them from fighting for voting rights. Alabama Gov. George Wallace stood in front of the University of Alabama to prevent Black people from enrolling. Georgia Gov. Lester Maddox chased Black people out of his restaurant with an ax. And just recently, it was revealed that former Virginia Gov. Ralph Northam once donned a Ku Klux Klan outfit or went in blackface (he does not seem to remember which one). Virginia Attorney General Mark Herring also admitted he wore blackface. All Democrats.

On the negative side for Republicans, Black people remember both the “You Lie” outburst and the making “Obama a one-term president” comments, both remarks possibly appropriate as campaign rhetoric but totally inappropriate when made on the floor of Congress.

The Senate confirmation vote of Judge Brown Jackson is a clear opportunity for Republicans to score points with the Black community. It should be realized that Democrats cannot and have not won the White House without 90-plus percent of the Black vote during this century. Clinton and Gore failed to reach that threshold. Thus, anything positive the GOP can do to inch away at that 90% could ensure a member of the GOP being elected in 2024. Think about it.

Republican senators have an opportunity to confirm a judge who does not change the balance on the court. It’s a freebie. But she has the most important virtue — she is extremely qualified. The glass must not be half-empty for her while having been half full for others.

In the spirit of basketball’s March Madness, the decision is a layup. GOP: do not miss this shot.

Gary Franks served three terms as U.S. representative for Connecticut’s 5th District. He was the first Black Republican elected to the House in nearly 60 years and New England’s first Black member of the House. Host: podcast “We Speak Frankly.” Author: “With God, For God, and For Country.” @GaryFranks

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