An Editorial
The Vote And The Federal Bench
By Gerald C. Horne, Esq.
Special To The Poet
As the leaves begin to change
color and breezes become cooler,
- the November election comes even
closer. Once again James Earl
Carter is the Democratic nominee
and once again, he is tempting the
black electorate with promises of
things to come.
Without examining the host of
other candidates at this time, it is
interesting to recall that early in
his term Carter aide Stuart
Eizenstat compiled a 112 page
document consisting of 660 cam
paign promises. Two recent re
searchers now say that the man
who told a Manchester, N.H. au
dience way back on February 10,
1976, “I don’t intend to break a
single promise. I’m giving you my
word of honor...” has kept only 29
percent of his promises and broken
31 percent.
i ei in appearing Deiore Diacx
audience, e.g., his recent foray into
Philadelphia, much is made of the
fact that Carter allegedly “has
appointed more black federal
judges than all of past presidents
combined.” The catch here is that
Congress expanded tremendously
the total number of federal judge
ships, which allowed for the ap
pointment of more judges than any
other president in history. This
sleight-of-hand aside, many in the
black community from the man or
woman on the street to political
leaders, aver that a vote for Carter
could or should be made solely on
the basis of presidential impact
upon the judiciary.
Though, as shall be seen, there
are serious flaws in this facile
rationale, it is obvious why the
black community should be so
concerned about the state of the
judiciary. Even a cursory exam
ination of recent newspaper items
about apparent “illegalities” justi
fies this concern. Consider this:
ITEM: At a recent Ku Klux Klan
rally in Mississippi several KKK
demonstrators removed their
hoods to reveal that they were
local police officers • who were
armed.
11 r. ri; v.iucagu punce nave oeen
conducting strip searches and
vaginal examinations of thousands
of women arrested for minor traf
fic violations, with male officers
observing these searches through
video camera equipment.
ITEM: In Louisiana, workers on
a sugar plantation are being held
in virtual slavery.
ITEM: In legal abortion clinics
across the country, anti-abortion
fanatics have vandalized and fire
bombed the clinics and engaged in
severe tactics to intimidate and
harass those who enter and leave
the clinics.
Moreover, federal judges have
an impact on busing, occupational
safety and health, affirmative
action and myriad other issues of
crucial moment to blacks. Thus,
concern about the federal ju
diciary is not necessarily mis
placed.
Nevertheless, it remains curious
that President Carter would
choose to reject in black com
munities his record on the federal
judiciary. For the situation there
for blacks and minorities generally
is so dire that a congressional
subcommittee headed by Rep. Don
Edwards (D.-Cal.) will be holding
special hearings on the issues
within weeks.
In 1965 a Southern Regional
Council survey found that out of
1,500 total employees in Southern
federal courts, only 40 were black -
most of whom were clerical work
ers and secretaries. Except for
five assistant U.S. attorneys and
nine deputy marshals, there was
no black in any professional or
decision-making position.
If there is to be a vote for the
President rather than an effective,
well-placed protest vote, then
there must of necessity he ironclad
guarantees.
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