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Va. Legislative Black Caucus on ‘wrong side of history’

8/20/2015, 10:54 p.m.

The Virginia Legislative Black Caucus (VLBC) states, in part, that its mission is to “improve the economic, educational, political and social conditions of African-Americans and other underrepresented groups in the Commonwealth of Virginia.”

Given this pointed self-description, the VLBC clearly appears to have betrayed its own mission in its decision to deny a Virginia Supreme Court judgeship to state Appeals Court Judge Rossie D. Alston Jr., an African-American.

In fact, the VLBC’s decision to court the women’s vote by supporting Supreme Court Justice Jane Marum Roush over Judge Alston not only betrays its own mission, but also denies Virginia an opportunity to make history by leading the nation in the number of African-American justices on its highest court.

Here’s the ironic background: The Richmond Free Press story headlined “Black lawmakers angered over Va. Supreme Court predicament” (Aug. 13-15 edition) reveals that VLBC members were “seething” over the fact that a black judge is up for appointment to the Virginia Supreme Court. Why were they angry? Simply because Judge Alston, whom they previously have supported, was being nominated by their Republican rivals while they are supporting a white female justice to remain on the court.

The VLBC finds itself on the wrong side of history on this.

First, this odd dispute, initially made clear by the Richmond Free Press’ revelation that Judge Alston is African-American, comes at a time in history when America’s need for people of color in criminal justice positions is being highlighted. With the Black Lives Matter movement pointing to unjust police shootings, brutality and persistently disparate incarceration rates for black people, it is necessary to put in place as many socially conscious black justices as possible.

Secondly, the VLBC lost its way by following Gov. Terry McAuliffe’s direction instead of its own conscience. Of course, Virginia law allows the governor to make interim appointments. However, it is not by law, but by tradition, that the Virginia General Assembly historically has approved that interim appointee for the permanent seat.

During this crucial moment in the history of our nation, we must shirk tradition whenever it obstructs an opportunity to progress. As has been often quoted in political circles, “rules can be helpful servants, but rules can also be dangerous masters.”

Thirdly, it is clear that the VLBC — all Democrats — have placed politics over principle. Gov. McAuliffe desires to win political favor with women voters and the VLBC has fallen in lock step behind him. While Democratic governors have long worked directly with Democratic caucuses, this strategy is completely taking the black electorate for granted.

Fourthly, this dispute comes as Virginia lawmakers are grappling over the drawing of district lines. In this regard, it appears that the same principle by which black legislators have fought to remain in majority black districts is also a principle they are now undermining at best and betraying at worst. How can members of the VLBC expect to win the black vote based on their race and qualifications when they deny the same opportunity to Judge Alston?

The federal Voting Rights Act only assures that black voters get to elect the representatives “of their choice.” But we know that the vast majority of those represented are reflective of the majority race of the district. Why would Judge Alston not deserve the same chance?

The fifth point: To the Republicans’ credit, this controversy shines a spotlight on what it looks like to judge someone, as Dr. King put it, “on the content of their character” rather than the color of their skin. Gov. McAuliffe has constantly pushed Justice Roush because of her gender, saying how it would look bad if the Republicans rejected her. The Republicans, on the other hand, did not bring up race or gender in their support of Judge Alston — only his stellar character and qualifications. That is a refreshing turnabout that is well worth noting.

The sixth point is that the VLBC hypocritically has adopted the ways of those they historically have fought. How many times have we heard the excuse that an agency or governing body was not able to find qualified African-Americans? And how many times have we scoffed at that assertion in disbelief? Here, the VLBC has an opportunity to refute those claims by remaining true to its mission to “raise the consciousness of other groups to contributions made by African-Americans.” Yet, the caucus has failed itself and others.

Finally, no one is denying the fact that Justice Roush is fully qualified. Nor is anyone saying that she has not done a good job. But the word “politics” often is defined as “who gets what, when and how much.” The point here is that when the VLBC and bodies like it around the nation arbitrarily begin setting aside their racially progressive and historic missions for the sake of mere politics as usual, that will be the day when African-American legislators begin contributing to the demise of the very people they were elected to serve.

TERONE B. GREEN

Henrico County