JOSEPH C. PHILLIPS: Seeking party accountability

By Joseph C. Phillips
November 7, 2003

Justice Janice Rogers Brown is a tough, smart, Christian jurist who believes America is at its best when the law is applied without regard to politics.  If fairness exists, Justice Brown, currently an associate justice on the California Supreme Court, will be approved by the senate to fill a vacancy on the U. S. Court of Appeals for the Washington D.C. Circuit, and then go on to become the first black woman to serve on the United States Supreme Court.  But, as we know, there is very little that is fair about the political process.  Standing in Justice Brown’s way is the Democratic caucus in the Senate that is threatening to filibuster her nomination, thus preventing it from coming to the floor for a vote before the full senate. Standing with the likes of Senators Ted Kennedy, D-Mass., and Charles Schumer, D-N.Y. are the NAACP, the Congressional Black Caucus (CBC), Rep. Diane Watson, D-Calif., and a host of other liberal-leaning black organizations who have added their voices to the charges that she is “ not qualified” and “out of the mainstream of America.” 

If memory serves me, both the NAACP and the CBC opposed the war in Iraq, oppose school vouchers and

Justice Brown was born into a family of sharecroppers in Alabama, raised under Jim Crow and educated in segregated schools.  Through hard work and determination she worked her way up the ladder to become one of the premiere jurists in the nation. The NAACP, the CBC, Watson and others who bemoan the fact that there are too few role models for our children should be salivating!  And they would be, were it not for the fact that Justice Brown is also a conservative.  These same organizations that would otherwise be trumpeting her as a shining example of black excellence are instead assailing her character, distorting her record and challenging her qualifications.  The black community should take note that what seems to make her unfit for the federal bench is what makes her a role model in the black community.

Am I proposing that Justice Brown get a pass because she is black? No. But I am suggesting that she is being subjected to undue condemnation simply because she is a black conservative. 

Blackcommentator.com, a black website, recently published a tasteless cartoon depicting Justice Brown as a fat, “mammy” being introduced by President Bush to justice Clarence Thomas, Colin Powell and Condoleeza Rice.  The caption read:  “Welcome to the Federal Bench Ms. Clarence…I mean Ms. Rogers Brown. You’ll fit right in.”  Had this cartoon appeared in a conservative publication and been directed at the likes of say, Dianne Watson, the cries of racism and insensitivity would have been heard from coast to coast.  But, alas, the cartoon appeared in a left-leaning publication and was directed at a black conservative so no harm no foul.  As my grandmother used to say, they ou’t to be ‘shamed! 

Typical of such attacks by liberals, they lack any real substance.  Justice Brown is more than qualified and the evidence of her extremism seems to be that while her thinking is in line with the majority of Americans, she disagrees with Liberals. 

As evidence of Brown’s being unfit for the federal bench, her critics point to the majority decision she wrote in High-Voltage Wire Works, Inc. v.  City of San Jose.  A report on Justice Brown coauthored by the people for the American Way and the NAACP, states that Justice Brown authored a “majority decision that makes it extremely difficult to conduct any sort of meaningful affirmative action program in California.”  Seemingly lost on the authors of this report is the fact that the California state constitution as amended by Proposition 209 makes affirmative action in hiring and public education illegal.

In her scandalous opinion, Judge Brown stated that “discrimination on the basis of race is illegal, immoral, unconstitutional, inherently wrong, and destructive of Democratic society.”  It is ironic that the party of diversity and inclusion would find such language extreme.  Also indicative of their disingenuousness is their failure to mention that every judge at every stage of the litigation – including the trial court, intermediate appellate court, and the California Supreme Court – agreed with the result reached by Justice Brown.” What they would have preferred was for Brown and the other justices to demonstrate their “sensitivity” by trumping the law as enacted by 54 percent of the electorate. 

Their trumpeting of this case as evidence of Justice Brown’s contempt for civil rights, exposes the true liberal agenda.  Brown is being opposed not because they fear her political activism on the bench.  Political activism is what they seek.  She is being opposed because she does not toe the liberal political line and will not enact their political agenda.

During her confirmation hearing on October 22, Justice Brown said: "If my record is fairly evaluated, no conclusion can be reached other than I've done the job I'm supposed to do.”  The “job” of a jurist, as Justice Brown sees it, is interpreting and applying the constitution and code bookswhile leaving the lawmaking to the lawmakers; to render the law impartially without regard to race, sex or ethnicity.  Janice Rogers Brown exemplifies the best of American jurisprudence and would be an asset to the Federal judiciary.

It is unfair that Democrats can rake a black woman who has demonstrated excellence over the coals while black “civil rights groups” giddily light the flames.  However, if there is any “justice,” the reckoning for Democrats will be swift and painful next November.

Joseph C. Phillips is an actor and commentator who lives in Los Angeles. As a writer Mr. Phillips has had essays published in Newsweek, Essence Magazine, Upscale magazine, USA Today, Turning Point, College Digest and is a regular contributor to the Columbus Post, Jewish World Review and the Indianapolis Recorder. He has also contributed commentary to BET Tonight and is a regular commentator on National Public Radio’s the Tavis Smiley Radio Show. His feature film credits include starring roles in Strictly Business, Let’s Talk About Sex and Midnight Blue. On television he starred on the hit series The Cosby Show and was a three time NAACP Image Award Nominee for his portrayal of Attorney Justus Ward on the Daytime Drama General Hospital. He has also had guest starring roles on The King of Queens, Judging Amy, Family Law, Martin, The Larry Sanders Show, City of Angeles, Any Day Now, The Parkers, Popular, V.I.P. and Living Single among others. Mr. Phillips currently portrays Mayor Morgan Douglas on the CBS series, The District.