Giddings Ivory pushes agenda regarding judicial appointments
The Layman Online, July 18, 2005
Saying that “the long-term consequences could be devastating with the wrong person in place,” the director of the Washington Office of the Presbyterian Church (USA) is telling Presbyterians that, “we join our voice with others who call your attention to civil rights, women’s rights, environmental, worker, consumer and disability rights.”
In an e-mail sent to Presbyterians around the country, the Rev. Elenora Giddings Ivory admits that, “It is a rare occasion when the historic religious community speaks out on the issue of the appointment of judges. As a 501-c-3 organization, we are prohibited from lending support or opposition to a particular elected or appointed public official.”
Giddings Ivory then, however, says that “it is not beyond the scope of our authority to say something about a process where there may be an injustice or disregard of civil rights.”
Ignoring the fact that the president appoints judicial candidates, who are then approved or not by the Senate, Giddings Ivory tells Presbyterians that, “We ask that the Judiciary Committee in the Senate appoint justices who would be fair and balanced.”
The complete text of the e-mail is as follows:
“How do we break the partisan logjam and nominate candidates that not only respect our constitutional principles but can be accepted by both parties?
“Over the next few years, the Judiciary Committee of the Senate is expected to review nominees for appointment to Chief Justice of the Supreme Court and other justices. Appellate Division and District Court vacancies across the United States are periodic.
“It is a rare occasion when the historic religious community speaks out on the issue of the appointment of judges. As a 501-c-3 organization, we are prohibited from lending support or opposition to a particular elected or appointed public official. However, it is not beyond the scope of our authority to say something about a process where there may be an injustice or disregard of civil rights.
“The advocacy community has been quietly watching the judicial nomination process over several years and now has begun to come forward to raise distinct concerns that go beyond the individuals who seek appointment to these benches.
“Civil rights, through the interpretation of law, are in the balance with each appointment to the courts. Out of a deep concern for the fundamental civil rights of all people, the religious community lifts up our concerns on this topic.
“Over recent years, our democracy has matured. We now accept the fact that certain rights and privileges must be available to all who claim this nation as their own. As judicial candidates are reviewed, we urge the President and the Senate to seek those persons who would evaluate the behavior and actions of an individual, a corporation, or even a legislative body – as to how the questions of fact in a case may have either violated or upheld the agreed upon laws of society. This requires judges who start with profound respect for our constitutional principles.
“Within the religious traditions of the interfaith community, we understand the position of judge to be the one who stands as the protector of the traditions and tenets that have been handed down to us by our prophets, apostles and revered adjudicators.
“At the same time, we would be the first to say that our laws have not always been perfect. They have, in the past, denied civil rights to women and people of color. But we corrected many of these blemishes through the legislative process, based on the advocacy of the people. To name just a few:
- The right to worship and speak freely;
- The right to express our political opinion by our vote;
- The right to equal protection;
- Equal access to housing; and
- Equal opportunity to employment.
“We join our voice with others who call your attention to civil rights, women’s rights, environmental, worker, consumer and disability rights. We ask that the Judiciary Committee in the Senate appoint justices who would be fair and balanced. We need a federal judiciary that will protect the rights and safety of all Americans.
“Those who come before our court system must not come to understand that their fate rests in the interpretation of the law based on the personal bias of the judge before whom they stand, instead of being judged by the law resulting from many public debates, debates that lead to the development of the law under which they are being judged.
“We understand the primary responsibility of a judge to be one that does not judge the law itself, but judges the behavior of the person who stands before him or her as the one who has been accused of being in violation of that law. Neither do we understand it to be the prerogative of a judge to make new laws based on an ideology that may be seen as either conservative or liberal, Republican or Democrat, right or left.
“We have witnessed the stalemating of appointments during both a Democrat- and a Republican- controlled process. The stalemating has hurt the very people our civil rights have been designed to protect. Empty judicial benches have led to backlog and only serve to deny both the plaintiff and the defendants the right to a speedy trial.
“On the other hand, we know that our constitutional rights are too important to rush these appointments. We urge the President of the United States, and the Senate, to make deliberate, well-informed decisions in considering confirmations for the Supreme Court, Appellate and District Courts, and to refuse to act on any nomination that has not received full and complete scrutiny to assure fairness.
“Judicial appointments are lifetime. The long-term consequences could be devastating with the wrong person in place. These judges are often the court of last resort for virtually all Americans. Senators have a constitutional duty to make these determinations carefully.
“Advocates may want to contact their Senators. Urge them to take seriously the confirmation process so that our court system reflects fairness for all who may come before it and invokes respect from all citizens. The information above can be the basis of your letter or phone call.
“The number of vacant seats changes as appointments are made (following confirmation in the Senate). To keep up-to-date on the latest numbers and particular seats, you may want to visit www.uscourts.gov and type in ‘vacancy’ in the search feature. You may want to see if your regional courts are filled.”