April D. Ryan

POLITICO

May 16, 2010

NAACP backs Kagan, others wary
The storied National Association for the Advancement of Colored People endorsed Supreme Court Nominee Elena Kagan Saturday in a statement that offered praise for her devotion to civil rights. The group also adopted one of the White House’s key arguments for her confirmation: that she can build a consensus to support liberal decisions on the court. However, as I noted in a story out today, some civil rights activists remain skeptical about President Barack Obama’s choice. 

 
“Elena Kagan has demonstrated a commitment to civil rights and equal justice under the law throughout her career,” NAACP President Benjamin Jealous said. “Kagan drew her inspiration from NAACP former counsel and Supreme court Justice Thurgood Marshall who she considers a hero and mentor. During her tenure at the White House, Kagan worked on issues such as strengthening hate crimes legislation and civil rights enforcement. As a law school Dean, she worked to ensure a diverse student body and faculty.”

 
“Elena Kagan has a track record of bringing people together. She is skilled at forging legal consensus on contentious issues,” NAACP Chairman Roslyn Brock added. The organization cited as evidence of Kagan’s civil rights views her decision to authorize legal briefs opposing an anti-affirmative action education lawsuit in Texas and in favor of a challenge African-American firefighters brought to a hiring test in Chicago. 

The NAACP said its endorsement came in an unanimous vote of the organization’s board, but one former NAACP official said the decision was misguided and said more about the political allegiances of the group than about Kagan.  

“This is so craven,” Michael Meyers, a former NAACP assistant national director, told POLITICO Saturday. “The NAACP is brain-dead and morally bankrupt. Its mission is photo ops and access to the White House…and headline grabbing gimmickry, not any longer principled civil rights advocacy. The NAACP is a political organization now, an appendage of the Democratic Party and apologist for Obama’s cowardice on civil rights issues.” 

“This is an example of tortuous reasoning, to say the least, and can’t be based on any honest or careful evaluation and analysis of Kagan’s judicial philosophy or her paper-thin civil rights record,” said Meyers, a former American Civil Liberties Union board member who is president and executive director of the New York Civil Rights Coalition. 

(While Jealous called the group’s review of Kagan’s record “careful and thorough,” the NAACP’s statement refers to the federal “Department of Civil Rights” filing briefs authorized by Kagan. There is no such department. The organization may be referring to the Education Department’s Office for Civil Rights, which likely played a role in one of the cases, or to Justice’s Civil Rights Division.) 

NAACP STATEMENT
NAACP ENDORSES SUPREME COURT NOMINEE ELENA KAGAN

May 15, 2010 Hollywood, Florida-The NAACP, the nation’s oldest and largest civil rights organization, unanimously endorsed Elena Kagan, President Barack Obama’s choice for the Supreme Court, today at their quarterly board meeting. 

 
The organization reviewed Kagan’s available record on civil rights including her recent authorization for the Department of Justice and the Department of Civil Rights to file an amicus brief supporting the constitutionality of the University of Texas’ affirmative action program in Fisher v. University of Texas and her brief in support of African American firefighters who challenged a hiring test used by the City of Chicago under Title VII of the Civil Rights Act (Lewis v. City of Chicago). 

 
“After a careful and thorough review of Elena Kagan’s record, we have unanimously voted to endorse her nomination,” stated President and CEO Benjamin Todd Jealous. “Elena Kagan has demonstrated a commitment to civil rights and equal justice under the law throughout her career. Kagan drew her inspiration from NAACP former counsel and Supreme court Justice Thurgood Marshall who she considers a hero and mentor. During her tenure at the White House, Kagan worked on issues such as strengthening hate crimes legislation and civil rights enforcement. As a law school Dean, she worked to ensure a diverse student body and faculty. And as Solicitor General, Kagan has vigorously defended the nation’s equal opportunity and civil rights laws. We look forward to actively supporting her nomination,” Jealous said.

 
“Elena Kagan has a track record of bringing people together. She is skilled at forging legal consensus on contentious issues,” stated NAACP Chairman Roslyn Brock. “Civil rights is a bipartisan issue. It is central to the core of our American values. We believe Elena Kagan has the ability to use her fine legal mind, her commitment to diversity and her ability to build bridges to effectively advocate in the Court for the civil rights and democracy enshrined in our constitution.” 

 
Founded in 1909, the NAACP is the nation’s oldest and largest civil rights organization. Its more than half million members and supporters, throughout the United States and the world, are the premier advocates for civil and human rights in their communities, conducting voter mobilization and advocating for equal opportunity in the public and private sectors.
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