Opinion: If judicial nominees don’t support 'Brown v. Board,' they don’t support the rule of law
By Sherrilyn Ifill May 12 at 4:21 PM Sherrilyn Ifill is president and director-counsel of the NAACP Legal Defense and Educational Fund.
But in April 2018, Trump judicial nominee Wendy Vitter bucked more than a half-century of unanimity by failing to offer support for the Brown decision. In response to Sen. Richard Blumenthal’s request for her position, Vitter said, “I don’t mean to be coy, but I think I get into a difficult area when I start commenting on Supreme Court decisions, which are correctly decided and which I may disagree with.” Judicial nominees such as Andrew Oldham, Neomi Rao and Michael Park followed Vitter’s lead.
So, what’s the real reason these executive and judicial nominees are suddenly demurring on Brown? The ugly truth is that declining to offer approval of Brown signals a willingness to question the project of democracy that Brown created — one in which African Americans and other marginalized groups compelled the federal courts to honor the spirit of equal justice embodied in the words of the 14th Amendment. And this isn’t just deeply troubling; it’s also downright dangerous.
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