Duchess Harris, "The State of Black Women in Politics Under the First Black President"
(page 4 of 8)

When it became apparent that Obama would move forward with Kagan's nomination, many parties protested. They questioned not only Kagan's diversity record but the dearth of black women considered for the nomination.

And black women made some noise. Following in the footsteps of vocal black women's movements and organizations like the National Black Feminist Organization, on May 9, 2010, 28 women from the Black Women's Roundtable network of the National Coalition on Black Civic Participation (NCBCP) sent President Obama a letter, stating their unease regarding Kagan's possible nomination. In the letter, they reminded the President of the important role African-American women played in the 2008 election and stated their concern over Kagan's "...lack of a clearly identifiable record on the protection of our nation's civil rights laws."[21] The letter continues:

Especially disconcerting is the perceived lack of real consideration of any of the extremely qualified African-American women as potential nominees. While we were very pleased to witness the placement of the Honorable Leah Ward Sears and Judge Ann Claire Williams on the reported lists of potential nominees, there did not appear to be any serious consideration of their candidacy, once again ... Mr. President, the nominations and appointments you make today will be far-reaching, particularly for the Supreme Court. As we continue to promote the legacy of our late founding leader and Co-Convener, Dr. Dorothy I. Height, we will always seek to highlight the concerns of Black women, our families and our communities. Thus, as Dr. Height stated in our previous meeting with your Administration, we believe it is time for African American women to be represented in all sectors of government—including the Supreme Court of the United States, which in its 221 year history has not had a Black woman nominated to serve on our highest court in the land.[22]

The letter mentioned Justice Stevens' emphasis on the protection of civil rights, saying he should be replaced with someone who holds similar views. The letter was signed by Melanie Campbell (CEO of the NCBCP and convener of the Black Women's Roundtable, "an intergenerational civic engagement network"[23]) and 27 others. The letter came too late. And the President didn't listen. The very next day he announced Elena Kagan as his nomination, a move that further distanced him from the support of black women's organizations and civil rights groups.

Just two days later, upset NAACP leaders and other legal groups met with Senior Advisor Valerie Jarrett to voice their concern about Kagan's nomination. After the meeting, the Reverend Al Sharpton said Jarrett described how civil rights groups could be involved in supporting future solicitor general and district and appellate judge nominees.[24] Considering how infrequently Supreme Court nominations occur, the weak response from the Administration was too little, too late. On his blog, even CNN political analyst Roland Martin linked the lack of serious consideration of a black female candidate and the role black women voters played in Obama's election to the discontent expressed at Kagan's nomination. He pointed to the lack of prominent African-Americans at Kagan's nomination unveiling (only Harvard professor Charles Ogletree, who taught the Obamas and worked with Kagan, and Wade Henderson, Leadership Conference on Civil and Human Rights President were present) and the "lukewarm" press statements on the nomination announcement from the NAACP Legal Defense and Education Fund and the National Urban League as further evidence of African-Americans' general frustration with the Obama administration's refusal to address race.[25]

And that frustration exists for good reason. There were a number of qualified African-American women for President Obama to consider for nomination, in addition to the two who made the list of potential nominees, former Georgia Chief Justice Leah Ward Sears, and Judge Ann Claire Williams, the first African-American judge in the 7th Circuit Court of Appeals, nominated by Ronald Reagan. Sonia Nelson, founder and chair of the board of iask, Inc (I Am My Sister's Keeper, an organization dedicated to supporting and encouraging professional black women) provided a short list of a few women she thought should make the list:

...Marian Wright Edelman, longtime President of the Children's Defense Fund and the first black woman admitted to practice in the state of Mississippi in the 1960s; Judge Janice Rogers Brown, who sits on the U.S. Court of Appeals, D.C. Circuit, and who Obama supported while he was a Senator; Harvard Law professor Lani Guinier, who, despite the controversy when she was nominated by President Bill Clinton to be an assistant U.S. attorney general, is an excellent legal scholar; and Elaine R. Jones, formerly of the NAACP Legal Defense Fund, who has three decades of experience as a litigator and civil rights activist.[26]

It is no wonder then that black women are frustrated with the President—especially so since Kagan's nomination and tapping fell between two egregious instances of Obama neglecting to defend prominent black women: Desiree Rogers' resignation after the White House party crashers fiasco and the firing of Shirley Sherrod, USDA's Director of Rural Development for Georgia.

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