Why Sen. Graham Got It Wrong

The evidence contradicts any assertion that racially insensitive remarks are an automatic career killer for white men.

Why Sen. Graham Got It Wrong
Judge Sotomayor meeting with Sen. Lindsay Graham (Photo by Mark Wilson/Getty Images)

Sen. Lindsey Graham’s brief on behalf of beleaguered white men was delivered with a honeyed tongue and a swift blow from the first day of the confirmation hearings of Judge Sonia Sotomayor. His argument is instilled in his central thesis: If a white man had made the same statements as those made by Judge Sotomayor in her speech in which she suggests that a “wise Latina” would decide some cases better than those who did not share her “rich experiences,” his “career would be over.” Sen. Graham marveled to Judge Sotomayor that she “can say those things and have a chance to get on the Supreme Court.”

The point was clear. White men could never get away with making the statements that a minority woman is allowed to make. It’s a surreal world in which white men are the aggrieved minority, and black women and Latinas wield unmerited power and enjoy endless advantage.

It’s a breathtaking piece of arrogance that enables Sen. Graham to forcefully press this argument. Of course, it’s the deliberate misunderstanding and de-contextualizing of Judge Sotomayor’s statement. Her “wise Latina” speech, read in its entirety, is about the importance of recognizing how a judge’s experiences and perspectives might influence their approach to legal decision-making. Rather than displaying arrogance and a belief that she is a better judge than a white man, Judge Sotomayor humbly and candidly pledges to “constant[ly] and continuous[ly] ... check my assumptions, presumptions and perspectives.”

But even if one adopts the distorted interpretation of her speech, Graham is just wrong. Making statements that espouse racism is not automatically a career-killing move for white men. Graham’s colleague, Sen. Jeff Sessions, is the perfect example. When he was nominated to serve as a federal district court judge, Sen. Sessions was alleged to have made several statements that would objectively be regarded as demonstrating racism. Witnesses alleged in 1986 that Sessions had expressed admiration for the KKK, that he referred to the NAACP as a Communist-influenced organization, and that he called a black male staffer “boy.” Sessions denied those allegations, but he lost his chance to be confirmed as a federal district court judge. But far from killing his career, Sessions’ alleged remarks catapulted him into political life and a seat in the U.S. Senate. He now serves as the ranking minority leader on the Senate Judiciary Committee—a position from which he can publicly denounce the first Latina Supreme Court nominee. Today, news reports about the allegations made against him in 1986 are hard to find.

When William Rehnquist faced the Senate Judiciary Committee in 1971, at his confirmation hearings to serve on the Supreme Court, he faced aggressive questioning by Sen. Edward Kennedy and other Democrats about Rehnquist’s public and forceful opposition to an ordinance desegregating public accommodations in Phoenix, Ariz., in 1964. In a letter to the editor of an Arizona paper, Rehnquist had opposed the law and questioned “whether the freedom of the property owner ought to be sacrificed in order to give these minorities a chance to have access to integrated eating places at all.” Rehnquist also faced questions about credible allegations that he had participated in organized activities by the Republican Party in Arizona to intimidate black voters at the polls in 1964. At his confirmation hearings, Rehnquist denied the voter intimidation charges and distanced himself from the views he had expressed in his letter to the editor. He was confirmed by a vote of 68-26. He was later elevated to chief justice of the United States in 1986 by a vote of 65-33.

 
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