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Why Kristen Clarke’s Appointment Is A Big Deal For African Americans

Holli Holliday

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US Senators marked the anniversary of George Floyd’s murder in the very best way possible. On May 25, 51 lawmakers voted to confirm Kristen Clarke to head the Civil Rights Division of the US Department of Justice.

And yes, among all 50 Democrats in the Senate there was one Republican. Maine Senator Susan Collins supported Clarke’s nomination.

This lone GOP vote is a small, but important nod to bipartisanship in the face of unrelenting attacks on Clarke. Republicans have a history of blocking confirmation votes for this position dating back to Lani Guinier, dubbed the “quota queen,” and reducing Bill Lann Lee to “acting” division head during the Clinton administration.

Fox host Tucker Carlson’s recent attacks still stands out in this 28-year history of obstruction. A New York Times editorial writer even penned an article with the headline, “Why Tucker Carlson Is Obsessed with Kristen Clarke.”

For the first time in the Department of Justice’s 150-year history, a woman and a Black person will lead the federal government’s prosecutions of police brutality, voting rights, hate crimes and other discrimination laws. These types of prosecutions are older than Clarke’s new job. Remember the police brutality associated with the Great Railroad Strike of 1877.

The Civil Rights Division of the Department of Justice is only 64 years old. The DOJ website captures the gravity of this work:

The Civil Rights Division of the Department of Justice, created in 1957 by the enactment of the Civil Rights Act of 1957, works to uphold the civil and constitutional rights of all Americans, particularly some of the most vulnerable members of our society. The Division enforces federal statutes prohibiting discrimination on the basis of race, color, sex (including pregnancy, sexual orientation, and gender identity), disability, religion, familial status, national origin, and citizenship status.

Many may know about this Division for its prosecution of defendants in cases involving the slaying of three civil rights workers in Mississippi and the assassinations of Martin Luther King and Medgar Evers.

The Assistant Attorney General in the Civil Rights Division is a big deal. In a nutshell, Clarke is responsible for enforcing laws to protect the civil rights of all of us.

 When the Senate confirmed Clarke, the statements came pouring in. They tell the story.

“Having known Kristen for more than two decades and most recently serving as her top deputy, I know she is exactly the person we need at this moment when threats to civil rights have peaked.”
Damon Hewitt, acting president and executive director of the Lawyers’ Committee for Civil Rights Under Law

“Kristen Clarke is singularly qualified to lead (the Justice Department’s Civil Rights Division) particularly in this moment in history.”

Sen. Dick Durbin, D-Ill.

The veteran civil rights lawyer has a sterling resume and record. After graduating from Choate, Harvard University and Columbia Law School, she served for the first time in the Civil Rights Division during the George W. Bush administration. Her second stint took place during the Barack Obama administration.

The daughter of Jamaican immigrants also honed her skills as a prosecutor at the NAACP Legal Defense and Educational Fund and the Civil Rights Bureau in the office of the New York Attorney General. Most recently, she led the Lawyers’ Committee for Civil Rights Under Law for five years.

It is hard to imagine a more prepared candidate than Clarke. Previous federal government service in the Civil Rights Division under Republican and Democratic administrations check and check. State government service in civil rights check.

Her nomination garnered a long list of the supporters among law enforcement groups. It includes the National Association of Police Organizations, National Organization Black Law Enforcement Executives, the Hispanic American Police Command Officers Association, the National Association of Women Law Enforcement Executives and Major Cities Chiefs Association.

What were the 48 Republican Senators who voted against Clarke thinking?

Perhaps the answer is that Clarke stands in the way of efforts to restrict voting in the wake of the 2020 election “big lie” in which some Republicans elected officials falsely claim voter fraud and irregularities. According to the Brennan Center, state legislators “introduced 361 bills with restrictive provisions in 47 states.” Clearly the work of her supporters is not done.

Clarke’s confirmation is a major victory in a larger struggle to keep advancing the American democracy, not backslide. As former President Obama states on his official website, “True democracy is a project that’s much bigger than any one of us. It’s bigger than any one person, any one president, and any one government. It’s a job for all of us.” Amen, sistars. Let’s celebrate, but quickly get back to work lifting our voice on social media.

Holli Holliday, a practicing attorney, is president of Sisters Lead Sisters Vote, a nonprofit by, for and about black women.

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