October 16, 2020

Sen. Chris Coons (D-DE) pointed out that Barrett is part of a larger pattern of a lack of diversity in judges, particularly among Trump appointees. He asked Randall Noel, of the American Bar Association’s Standing Committee on the Federal Judiciary, to speak to the importance of diversity on the federal bench:

COONS: By nearly every metric, the Trump administration's judicial nominees have been among the least diverse of any president in generations. He’s made 50 nominations to the circuit courts, not one of whom was Black. In fact, over his over 200 nominations, about 85% have been white and only 25% have been women.

Yesterday, in response to a question from Senator Booker, Judge Barrett could not name a single book, study or law review that in any way addressed racial discrimination and its legacy in American law. I’m not suggesting in any way that that’s disqualifying. I’m simply saying that at a time when such books are best sellers, at a time when this central, challenging issue for the United States and for our legal system about how to address, recognize, combat the legacy of racial discrimination, I just wondered if you could briefly speak to the importance of diversity on the bench in the legal community more broadly?

[…]

Her failure to respond to Senator Booker’s question yesterday with a specific example - I did not mean to imply suggested any bias. Just it led me to question whether or not having broader diversity on our courts would bring into the decision-making role those who bring personal insight and experience and whether or not all who serve on the bench and in Congress should be more aware of this challenge facing our nation.

Cornyn (R-TX) jumped in to begin whitesplaining:

CORNYN: Mr. Chairman, it strikes me that the nominee understands diversity, appreciates diversity. She’s got two children she adopted from Haiti. So, I don't think she needs to have anybody preaching to her about the importance of diversity. Her own family is racially diverse. And I think it speaks volumes about her character and her husband's character, for what they have done in terms of adding to their already large family by adopting these two children from Haiti.

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