Category Archives: Judicial Neutrality

Opening the floodgates

Racial bias caught two high-profile GOP leaders off guard this week, opening the floodgates of criticism because of their political gaffes (some truth that a politician did not intend to admit).

Ken Emanuelson, a prominent Dallas Tea Party leader said “the Republican Party doesn’t want black people to vote if they’re going to vote 9-to-1 for Democrats,” raising questions about how welcoming the Republican party is toward persons of color.  Trying to throw water on the fire caused by Emanuelson’s comments, state GOP Chairman Steve Munisteri responded saying the statement did not reflect the party’s position and that Republicans were working hard to seek electoral support from both Hispanics and blacks.

Emanuelson defended himself pointing to the statistical reality of voter turnout (the percentage of persons who vote in elections).  African-Americans historically favor Democratic candidates in overwhelming numbers. Trying to deflect the controversy, he said he had not spoken on behalf of the Republican party, but that the views were his alone.

And someone who is no stranger to controversy, Fifth Circuit Court of Appeals (which includes Texas) Judge Edith Jones landed in hot water when she told an audience that minorities were more predisposed to committing crimes. Seemingly Jones was making the argument that persons of color are represented disproportionately in the criminal justice system because they are more inclined to commit crimes. The speech, which was actually made in February, so angered some attorneys who heard it, that this week, a formal complaint against the federal judge alleged ethics and judicial code violations.  Critics say that the judge’s statements violated the principles of judicial neutrality (judges should make fair and impartial decisions based solely on the facts and applicable laws, without being biased) and that the judge may need to recuse (excuse oneself from a case because of a possible conflict of interest or lack of impartiality) herself in future cases because of racial bias.

Meanwhile, Republicans have also been accused of a different type of racial bias when it comes to immigration reform by trying to block legislation that gives illegal immigrants a path to citizenship.  U.S. Senator John Cornyn (R-TX), a minority whip (an official in a political party whose purpose is to ensure party discipline as an enforcer in a legislature) is the ranking Republican (most senior member of the minority party) on the Judiciary Committee’s Immigration, Refugees and Border Security Subcommittee).  He is also a long-time critic of federal immigration policy, and he has proposed more border security measures (provisions to eliminate illegal immigration) saying that his measures must be included before he will support immigration reform. The legislation, being considered by the full Senate next week, is a major overhaul on immigration.  Cornyn’s amendments require more stringent border control including 100 percent situational awareness and operational control of the border (currently only 875 miles of the 2,000-mile southern border is monitored).   Critics have accused Cornyn of trying torpedo the current bipartisan reform bill, and they have said that Hispanics will send a torrent of voters to the polls to go after persons who do not support immigration reform. Cornyn’s office has responded that tougher measures are needed to stop the flood of illegal immigrants (there are about 11 million estimated in the U.S).

Let the flooding begin.