Courts

Republican Senate Pushes Another Bigot Towards The Bench

Republicans refused to hold a hearing on two African-American women Obama nominated to the seat, but pushed through this open bigot.

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(Photo by Melina Mara/The Washington Post)

The U.S. Senate voted for cloture on the nomination of Thomas Farr to the Eastern District of North Carolina. The vote was 50-50, with all Democrats and Jeff Flake opposed. Vice President Mike Pence broke the tie to push the nomination through. Farr is now expected to be officially confirmed by the Senate, tomorrow.

Farr’s nomination was viewed as “controversial” because he’s a bigot. Farr used to work for Jesse Helms, and was an active participant in his bigoted campaigns. He’s also represented North Carolina in its racist attempts to disenfranchise voters. It’s really not controversial to call Farr a bigot. In fact, his antipathy towards non-whites is a feature, not a bug, of his nomination by Donald Trump.

Given that, it’s not at all surprising that the Republican party voted for him. Thanks to Trump, that Republicans have been able to embrace their bigotry. They don’t have to hide it anymore. They can be proud of it again. Flake voted against Farr because Flake wants a bill that protects Robert Mueller. Flake has no problem with Farr’s record of racial bigotry.

Some Democrats had hoped that Tim Scott (R-SC) would vote against Farr, simply because Scott happens to have dark skin. But that was always a dumb read that shows a lack of understanding about black Republicans. There are some black Republicans who are against bigotry, in theory at least. But all of them have made the decision that they’re willing to support bigotry in exchange for other treats. Asking a black Republican to vote against someone simply because that person is a bigot is like telling an obese person how many calories are in that slice of pie. WE KNOW! We’ve decided to eat it anyway, the previous forkful stuffed into our mouths is your indication that we’ve made our peace with this decision.

It is ridiculous to call Farr a “controversial” nominee for today’s Republican party. Being a bigot isn’t a controversy for them. Being a bigot is mainstream Republican judicial orthodoxy.

Normally, the Farr confirmation wouldn’t have bothered me that much. I know what Republicans are, and you do to. When you vote for them, you are voting for bigotry and oppression. Getting angry when Republicans enact the bigotry and oppression they’ve literally promised feels like a waste of energy. If you walk around in the rain, it doesn’t make sense to get angry when you get wet.

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But there is history to the Farr nomination that does make me apoplectic. Farr’s soon-to-be seat in North Carolina is the longest running federal judiciary vacancy in the land. Why? Because Republicans blocked not one, but two Barack Obama nominees to this position. They refused to even give either Obama nominees a hearing.

Two female African-American nominees.

Two female African-American nominees either of whom, if confirmed, would have been the first African-Americans to serve on the bench of the Eastern District of North Carolina.

Ever.

Instead of giving a hearing to either qualified African-American woman, Mitch McConnell and the Republican Party held the seat open for years so that they could hand it to a bigoted white man who has been a chief advocate of the disenfranchisement of African-American voters for his entire professional career.

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Later, some white centrist is going to talk to me about respecting the “legitimacy” of the courts, and I’m going to shove a forkful of pie right up his ass.

Senate narrowly votes to advance controversial judicial nominee Thomas Farr [CNN]

Elie Mystal is the Executive Editor of Above the Law and the Legal Editor for More Perfect. He can be reached @ElieNYC on Twitter, or at elie@abovethelaw.com. He will resist.

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