AN OPEN LETTER TO THE UNITED STATES SENATE Civil and Human Rights Organizations Oppose Confirmation of Jeff Sessions
Recipient:
View the PDF of this letter here.
Dear Senate Judiciary Committee Member:
On behalf of The Leadership Conference on Civil and Human Rights, a coalition of more than 200 national organizations committed to promote and protect the civil and human rights of all persons in the United States, and the 437 undersigned national, state and local organizations, we are writing to express our strong opposition to the confirmation of Senator Jefferson B. Sessions (R-AL) to be the 84th Attorney General of the United States.
Senator Sessions has a 30-year record of racial insensitivity, bias against immigrants, disregard for the rule of law, and hostility to the protection of civil rights that makes him unfit to serve as the Attorney General of the United States. In our democracy, the Attorney General is charged with enforcing our nation’s laws without prejudice and with an eye toward justice. And, just as important, the Attorney General has to be seen by the public – every member of the public, from every community – as a fair arbiter of justice. Unfortunately, there is little in Senator Sessions’ record, or learned from his confirmation hearing and supporting documents, that demonstrates that he would meet such a standard.
In 1986, when then-U.S. Attorney Sessions was nominated by former President Ronald Reagan to serve as a judge on the U.S. District Court for the Southern District of Alabama, the Republican-controlled Senate upheld its constitutional duty, undertaking a careful and comprehensive review of his record at that time. The Judiciary Committee was presented with compelling evidence that then-U.S. Attorney Sessions had a deeply troubling record as an opponent of civil rights enforcement, a champion of voter suppression tactics targeting African Americans, and a history of making racially-insensitive statements. This record included warning an African-American colleague to be careful about what he said “to white folks,” and speaking favorably about the Ku Klux Klan, as well as his prosecution of three African-American voting rights activists on dozens of charges that were promptly rejected by a jury. [i]
As you know, the Attorney General is our nation’s highest law enforcement official, with a particular responsibility to protect the civil and human rights of all Americans. The Leadership Conference opposes Senator Sessions’ nomination to become Attorney General, in part, because of the previous record we have cited. However, it would be a grave mistake to assume that our opposition is based only on incidents prior to his judicial nomination. Indeed, the following are examples of his actions as a Senator over the past 20 years that raise very disturbing questions about his fitness to serve as Attorney General:[ii]
Voting Rights: In addition to his failed 1985 prosecution of three voting rights activists who were working to increase African-American registration and turnout, Senator Sessions has voiced strong support for restrictive voter ID laws that have had the effect of disenfranchising many otherwise eligible voters, called the Voting Rights Act “intrusive” as it seeks to protect eligible minority voters, and praised the Supreme Court ruling in Shelby County v. Holder (2013) that gutted a key part of the Voting Rights Act of 1965. This is hardly the record of someone to be entrusted with the protection of voting rights for all Americans.
Association with White Nationalist and Hate Groups regarding Immigration Policy: Senator Sessions has been a fierce opponent of comprehensive immigration reform, referring to a bipartisan 2007 bill as “terrorist assistance.” He has closely associated himself with NumbersUSA, the Federation for American Immigration Reform, and the Center for Immigration Studies, all three of which were founded by John Tanton, who held white nationalist beliefs and called for the preservation of a “European-American majority.” Senator Sessions has also received awards from the David Horowitz Freedom Center and Frank Gaffney’s Center for Security Policy, two organizations designated as anti-Muslim hate groups by the Southern Poverty Law Center.
Hate Crimes and LGBT Rights: Senator Sessions opposed the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, even though a unanimous Supreme Court had long ago upheld a similar state law in Wisconsin v. Mitchell (1993). This is particularly disturbing at a time when there have reportedly been more than 700 hate incidents committed in the weeks since the election. The next Attorney General must recognize that hate crimes exist, and vigorously investigate them.
In addition, on LGBT rights, Senator Sessions supported a constitutional amendment to ban same-sex marriage. He also opposed the repeal of “Don’t Ask Don’t Tell.
Women’s Rights: Senator Sessions has consistently opposed legislation to advance women’s rights, notably opposing multiple efforts to address the pay gap, to protect women’s access to reproductive health services, which disproportionately affect low-income women and women of color, and to address the scourge of violence against all women. Specifically, Senator Sessions opposed the Lilly Ledbetter Fair Pay Act of 2009,[iii] enabling women to file ongoing pay discrimination claims, and has voted multiple times against consideration of the Paycheck Fairness Act.[iv] Senator Sessions also opposed Title X funding legislation, which supports contraception, breast cancer screening and other health services for low-income women. In addition, Senator Sessions repeatedly voted to defund Planned Parenthood, and in 2014, he voted against S.2578[v] to fix the Hobby Lobby decision by prohibiting employers from denying coverage of any health care service, such as contraception, required under federal law. Senator Sessions also opposed the reauthorization of the Violence Against Women Act in 2013,[vi] and when then-candidate Donald Trump was revealed in a 2005 video to have made comments bragging about physically forcing himself on women, Senator Sessions declined to condemn the remarks, even questioning whether the comments described sexual assault.[vii]
Criminal Justice Reform: Though Senator Sessions was a longtime supporter of eliminating sentencing disparities between crack and powder cocaine offenses, he has since been an ardent supporter of maintaining draconian mandatory minimum sentences. Recently, Senator Sessions helped to block broad-based, bipartisan efforts to reduce sentences for certain nonviolent drug offenses. He also opposed the President’s initiative to address disparities and restore fairness to the justice system through the use of his constitutionally granted executive clemency power.[viii] He criticized the Department of Justice’s Smart on Crime Initiative, which has focused on prosecuting fewer but “more serious” drug cases and over the last three years, has contributed to a 20 percent reduction in overcrowding in the federal Bureau of Prisons.[ix] Finally, Senator Sessions condemned the Department of Justice’s use of its powers to investigate law enforcement agencies accused of misconduct and a “pattern or practice” of violating civil rights, calling consent decrees that mandate reform following these investigations “an end run around the democratic process.”[x]
Failing to Protect our Communities from Pollution and Climate Change: Climate change and environmental degradation disproportionately affect low-income families and communities of color. Senator Sessions has a long record of voting against protections for our clean air, water, and climate. Among his many anti-environmental votes, in 2015 he voted for the resolution to kill the clean power plan[xi] and for the Barrasso bill[xii] to deny protections for streams that provide drinking water for 113 million Americans. In 2012, he supported a resolution that would roll back protections from toxic mercury.[xiii] America needs and deserves an Attorney General who will take into account the health and safety of all communities. Senator Sessions is not qualified in this regard and cannot be counted on to protect our air, water, and climate.
Rights of People with Disabilities: Senator Sessions opposed efforts to implement Alabama’s obligation to provide community-based services to individuals with disabilities who were needlessly institutionalized. In addition, he called the Individuals with Disabilities Education Act’s requirements to include children with disabilities in mainstream education “the single most irritating problem for teachers throughout America today” and “a big factor in accelerating the decline in civility and discipline in classrooms all over America.”[xiv] This opposition to integration and inclusion is extremely concerning given the active role that the Justice Department plays in enforcing the Americans with Disabilities Act to enable people with disabilities to live independent lives, be full participants in their communities, and to be educated in neighborhood schools and regular classrooms. Senator Sessions also opposed ratification of the Convention on the Rights of Persons with Disabilities.
Given Senator Sessions’ record and public statements, the burden should be on him to prove to the Judiciary Committee, the Senate, and the American people – especially to communities of color and immigrant communities — that he can be trusted with the tremendous power of the U.S. Justice Department to enforce our nation’s civil rights and immigration laws with integrity, fairness, and a sense of justice. We do not believe that he has met this burden.
The burden on Senator Sessions is not to prove that he is not a “racist.” For the record, The Leadership Conference has never made such an allegation, as we do not claim to know what has been in his heart when he has taken the actions and made the statements we have described above. Nevertheless, we believe those actions and statements are themselves disqualifying.
This is notwithstanding our recognition that Senator Sessions’ record does include some positive actions. For example, the Southern Poverty Law Center, while expressing opposition to his confirmation, acknowledged that he was helpful in the Center’s successful effort to sue and bankrupt the Ku Klux Klan following its role in the 1981 lynching death of Michael Donald. The Leadership Conference also worked with Senator Sessions in an effort that culminated in the passage of the Fair Sentencing Act of 2010, which reduced racial disparities in federal cocaine sentencing provisions. While these actions are noteworthy, they do not change our conclusion that Senator Sessions’ overall record is too troubling for him to be confirmed as Attorney General.
The collegiality that ordinarily governs Senate decorum is no substitute for, and must not supersede, the Senate’s profoundly important duty to vigorously and fairly review each nominee who comes before it. We believe that based on this review, there can be only one conclusion: Senator Sessions is the wrong person to serve as the U.S. Attorney General.
Thank you for your consideration of our views. If you would like to discuss this matter further, please contact Wade Henderson, President and CEO, or Nancy Zirkin, Executive Vice President, at (202) 466-3311.
Sincerely,
National Organizations (232)
The Leadership Conference on Civil and Human Rights
9to5, National Association of Working Women
Advancement Project
Advocates for Youth
AFL-CIO
African American Ministers In Action
Alliance for Citizenship
Alliance for Justice
Alliance for Retired Americans
American Association for Access, Equity and Diversity (AAAED)
American Association for Justice
American Association of People with Disabilities
American Atheists
American Baptist Women’s Ministries
American Federation of State, County and Municipal Employees
American Federation of Teachers
American Humanist Association
American-Arab Anti-Discrimination Committee
Americans for Democratic Action (ADA)
Americans United for Change
Americans United for Separation of Church and State
America’s Voice Education Fund
Andrew Goodman Foundation
Arte Sana
Asian & Pacific Islander American Health Forum
Asian American Legal Defense and Education Fund (AALDEF)
Asian American Psychological Association
Asian Americans Advancing Justice – AAJC
Asian and Pacific Islander American Vote (APIAVote)
Asian Pacific Institute on Gender-Based Violence
Association of Asian Pacific Community Health Organizations
Association of Programs for Rural Independent Living
Association of University Centers on Disabilities
Autistic Self Advocacy Network
Bend The Arc Jewish Action
Bill of Rights Defense Committee/Defending Dissent Foundation
BiNet USA
The Black Church Center for Justice and Equality
Black Women’s Roundtable
Black Youth Vote!
Bus Federation
Campaign for Southern Equality
Campaign for the Fair Sentencing of Youth
The Campaign Legal Center
Center for American Progress
Center for APA Women
Center for Biological Diversity
Center for Community Change Action
Center for Health and Gender Equity (CHANGE)
Center for Human Rights and Global Justice, NYU School of Law
Center for Law and Education
Center for Law and Social Policy (CLASP)
Center for Responsible Lending
Center for Science in the Public Interest
Center for Women’s Global Leadership, Rutgers University
Center on Reproductive Rights and Justice at UC Berkeley School of Law
Children’s Defense Fund
Clearinghouse on Women’s Issues
Coalition for Disability Health Equity
Coalition of Black Trade Unionists
Coalition of Labor Union Women
Common Cause
Common Defense
Communications Workers of America
Community Justice Reform Coalition
Constitutional Accountability Center
Council of Parent Attorneys and Advocates
Council on American-Islamic Relations (CAIR)
CREDO
Daily Kos
Demand Progress
Democrats for Education Reform
Demos
Disability Rights Education and Defense Fund
Earthjustice
EMILY’s List
Equal Justice Society
Equal Rights Advocates
Equality Federation
Equality Now
Every Voice
Fair Elections Legal Network
Faith and Credit Roundtable of the Center for Responsible Lending
Family Equality Council
Farmworker Justice
Feminist Majority
FIRM (Fair Immigration Reform Movement)
Food & Water Watch
Four Freedoms Forum
Friends of the Earth
Gender Action
GLBTQ Legal Advocates & Defenders (GLAD)
Global Justice Clinic, NYU School of Law
GLSEN
Harm Reduction Coalition
Healthy Teen Network, Inc.
Hispanic Federation
Hollaback!
Human Rights Campaign
IAWRT_USA (International Association of Women in Radio and TV)
Immigrant Legal Resource Center
Immigration Equality
In Our Own Voice: National Black Women’s Reproductive Justice Agenda
Institute for Science and Human Values
interACT: Advocates for Intersex Youth
Japanese American Citizens League
Jewish Women International (JWI)
Judge David L. Bazelon Center for Mental Health Law
Justice for Families
Justice in Aging
Justice Policy Institute
Lambda Legal
Laotian American National Alliance
Latino Victory Project
LatinoJustice PRLDEF
Leaders With Vision, Inc.
League of Conservation Voters
League of United Latin American Citizens
Legal Voice
MALDEF
Matthew Shepard Foundation
Media Equity Collaborative
Men Can Stop Rape
MomsRising.org
MoveOn.org
mPOWerd Media Benefit Corp
Muslim Advocates
NAACP
NAACP Legal Defense and Educational Fund, Inc.
NARAL Pro-Choice America
National Abortion Federation
National Action Network Washington Bureau
National Advocates for Pregnant Women
National Alliance for Partnerships in Equity (NAPE)
National Alliance to End Sexual Violence
National Asian American Pacific Islander Mental Health Association
National Asian Pacific American Families Against Substance Abuse
National Asian Pacific American Women’s Forum
National Association of Human Rights Workers
National Association of Social Workers
National Bar Association
National Black Justice Coalition
National Center for Law and Economic Justice
National Center for Lesbian Rights
National Center for Transgender Equality
National Clearinghouse on Abuse in Later Life
National Coalition Against Domestic Violence
National Coalition for Asian Pacific American Community Development
National Coalition for the Homeless
National Coalition of Anti-Violence Programs
National Coalition on Black Civic Participation
National Community Reinvestment Coalition (NCRC)
National Council of Asian Pacific Americans (NCAPA)
National Council of Asian Pacific Islander Physicians
National Council of Jewish Women
National Council of La Raza (NCLR)
National Council on Independent Living
National Domestic Violence Hotline
National Domestic Workers Alliance
The National Equal Rights Amendment Alliance, 501c3
National Education Association
National Employment Law Project
National Employment Lawyers Association
National Fair Housing Alliance
National Federation of Filipino American Associations
National Hispanic Media Coalition (NHMC)
National Immigration Law Center
National Juvenile Justice Network
National Korean American Service & Education Consortium (NAKASEC)
National Latina Institute for Reproductive Health
National Law Center on Homelessness & Poverty
National Lawyers Guild
National LGBTQ Task Force Action Fund
National Network for Arab American Communities
National Organization for Women
National Organization of Nurses with Disabilities (NOND)
National Partnership for Women & Families
National Queer Asian Pacific Islander Alliance (NQAPIA)
National Urban League
National Women’s Law Center
National Women’s Political Caucus
Natural Resources Defense Council
NETWORK Lobby for Catholic Social Justice
NOW
OCA – Asian Pacific American Advocates
People Demanding Action
People For the American Way
People’s Action
Physicians for Reproductive Health
Planned Parenthood Federation of America
PolicyLink
Positive Women’s Network – USA
Poverty & Race Research Action Council
Prison Policy Initiative
Progressive Congress
ProgressNow
Project Vote
Public Advocates Inc.
Public Citizen
Public Knowledge
Quality Trust for Individuals with Disabilities
Raising Women’s Voices for the Health Care We Need
The Relentless Feminist
The Restaurant Opportunities Centers United
Rock the Vote
Sargent Shriver National Center on Poverty Law
SCOPE50
SEIU
Sierra Club
Sikh American Legal Defense and Education Fund
Southeast Asia Resource Action Center (SEARAC)
Southern Poverty Law Center
StoptheDrugWar.org
Transformative Justice Coalition
The Trevor Project
UltraViolet Action
Union of Concerned Scientists
United Church of Christ, Justice and Witness Ministries
United Food & Commercial Workers International Union
United Spinal Association
US Women and Cuba Collaboration
Voices for Progress
The Voting Rights Institute
Voting Rights Forward
We Are Woman
Women Employed
Women Enabled International
Women’s Center for Ethics in Action
Women’s Intercultural Network (WIN)
World Without Genocide
Young Feminists and Allies: National Organization for Women’s (NOW) Inaugural Virtual Chapter
YWCA USA
State and Local Organizations (206)
9to5 California
9to5 Colorado
9to5 Georgia
9to5 Wisconsin
Akron Area NOW
American Friends Service Committee of Western Massachusetts
ARCIL, Inc.
Arizona AFL-CIO
Arizona Coalition to End Sexual and Domestic Violence
Arkansas State Independent Living Council
Asian Americans Advancing Justice – Atlanta
Bend the Arc: New York
Boston Area Rape Crisis Center
Boulder NOW
Brevard NOW
California Coalition Against Sexual Assault
California Employment Lawyers Association
California NOW
Casa Myrna Vazquez
Causa
The Center for Anti-Violence Education
Center for Gender & Justice
Centro Latino Americano
Charlotte NOW
Charlottesville National Organization for Women (CNOW)
Chicago Coalition for the Homeless
Chicago Votes
Christ Sophia Inclusive Catholic Community
Cities for CEDAW: Louisville, KY
Citizens for Juvenile Justice
Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA)
Colorado Ceasefire Legislative Action
Colorado Coalition Against Sexual Assault
Common Cause California
Common Cause Connecticut
Common Cause Delaware
Common Cause Florida
Common Cause Hawaii
Common Cause Illinois
Common Cause Indiana
Common Cause Massachusetts
Common Cause New Mexico
Common Cause New York
Common Cause North Carolina
Common Cause Ohio
Common Cause Texas
Community Service Society of New York
CONNECT
Connecticut Alliance to End Sexual Violence
Corvallis SURJ: Showing Up for Racial Justice
Day One New York
DC Abortion Fund (DCAF)
DC Coalition Against Domestic Violence
Delaware Coalition Against Gun Violence
Democratic Women’s Club of the Lakes Area (Florida Democratic Women’s Club)
Democratic Women’s Club of Bay County, FL
Democratic Women’s Club of Florida
Democratic Women’s Club Of Highlands County
Disability Policy Consortium
The Dominican Bar Association
Diverse & Resilient
East Hillsborough Women’s Democratic Club
Education Law Center – PA
End Domestic Abuse Wisconsin
Engage Miami
Every Woman KC
Family Forward Oregon
Florida Council Against Sexual Violence
Florida Justice Technology Center
Florida National Organization for Women
Forward Montana
Georgia Coalition Against Domestic Violence
Get Up, Stand Up LA
Greater Cleveland Immigrant Support Network
Hardwick Area Community Justice Center
Hawaii Firearms Control Coalition
Her Justice
HUDSON VALLEY COMMUNITY COALITION
Illinois Coalition Against Sexual Assault
The Interfaith Center of New York
Iowa Coalition Against Sexual Assault
Jane Doe Inc, the Massachusetts Coalition Against Sexual Assault and Domestic Violence
Jefferson City Feminists
Jews United for Justice
Latino Council
Law Project of Chicago Coalition for the Homeless
LAW Project of Los Angeles
Leaders with Vision
Legal Aid at Work
Los Angeles LGBT Center
Louisiana Center for Children’s Rights
Louisiana Foundation Against Sexual Assault
Louisiana NOW
Louisville Coalition for CEDAW
Maryland National Organization for Women
Maternal and Child Health Access
Micah Institute at New York Theological Seminary
Michigan Coalition to End Domestic & Sexual Violence
Middlesex County National Organization for Women of NJ
Migrant Justice
Minnesota Coalition Against Sexual Assault
Montana Chapter of the National Organization for Women
Montana Coalition Against Domestic and Sexual Violence
Montgomery County Civil Rights Coalition
MOVE San Antonio
MS Coalition Against Sexual Assault
Muslims United for Justice
My Sisters’ Place
NAACP Corvallis-Albany
National Council of Jewish Women Bergen County Section
National Council of Jewish Women Seattle Section
National Council of Jewish Women, Greater New Orleans Section
National Council of Jewish Women, Sarasota-Manatee Section
National Council of Jewish Women-St. Louis
National Council on Alcoholism and Drug Dependence- Maryland Chapter
National Organization for Women Broward County
National Organization for Women – Alaska Chapter
National Organization for Women of New Jersey
National Organization for Women Seattle Chapter
National Organization for Women, Columbia Area Chapter
NATIONAL ORGANIZATION FOR WOMEN, MID-SUFFOLK CHAPTER
National Organization for Women, Missouri
National Organization for Women, Northern NJ chapter
NC Coalition Against Sexual Assault
NCJW MORRIS NJ
Nebraska Coalition to End Sexual and Domestic Violence
Nevada NOW
New Destiny Housing Corporation
New Jersey Coalition Against Sexual Assault
New Jersey Institute for Social Justice
New Jersey Tenants Organization
New York City Anti-Violence Project
New York Immigration Coalition
New York State Coalition Against Sexual Assault
New York State Immigrant Action Fund
NOW, Anne Arundel County
Ohio Student Action
OneAmerica
Oregon Bus Project
P.E.A.C.E. Initiative
PCUN
Peer Network of New York
Pennsylvania Coalition Against Rape
Portland Jobs with Justice
Progress Florida
ProgressNow Arizona
Public Advocates
Resisting Injustice & Standing for Equality (RISE)
Root & Rebound
San Luis Obispo chapter, National Organization for Women
Santa Fe Chapter National Organization for Women
South Jersey NOW, the Alice Paul Chapter of the National Organization for Women
Sowers of Justice Network, Louisville, KY
STEPS to End Family Violence
Tennessee Coalition to End Domestic and Sexual Violence
Texas Advocates
Thurston County NOW
UNCW Feminist Student Alliance
Unidos Bridging Community
United Nations Association-USA East Bay
Vermont Commission on Women
Vermont Network Against Domestic and Sexual Violence
Vermonters for Criminal Justice Reform
Voices of Women Organizing Project
The Washington Bus
Washington Coalition of Sexual Assault Programs
Washington Lawyers’ Committee for Civil Rights and Urban Affairs
Washington State Coalition Against Domestic Violence
Washington State National Organization for Women
West Pinellas NOW
West Suburban NOW
Westchester NOW
WILPF Portland Branch
WIN (Women’s Information Network)
Wind of the Spirit, Immigrant Community Center
Wisconsin Coalition Against Sexual Assault
Women’s International League for Peace and Freedom, Pittsburgh
Youth Sentencing & Reentry Project (YSRP)
YWCA Alaska
YWCA Berkeley/Oakland
YWCA Binghamton & Broome County
YWCA Brooklyn
YWCA Carlisle
YWCA Central Carolinas
YWCA Central Maine
YWCA Evanston/North Shore
YWCA Greater Johnstown
YWCA Greensboro
YWCA Malden
YWCA Mohawk Valley
YWCA Mount Desert Island
YWCA of Kauai
YWCA of Muncie
YWCA of the University of Illinois
YWCA of the Upper Lowlands, Inc.
YWCA Olympia
YWCA Orange County NY
YWCA Pasadena
YWCA Pierce County
YWCA Richmond
YWCA San Antonio
YWCA San Francisco & Marin
YWCA Seattle King Snohomish
YWCA Tulsa
YWCA West Central Michigan
YWCA Westmoreland County
[i] Lena Williams, “Senate Panel Hands Reagan First Defeat on Nominee for Judgeship,” New York Times, June 6, 1986, at http://www.nytimes.com/1986/06/06/us/senate-panel-hands-reagan-first-defeat-on-nominee-for-judgeship.html
https://www.washingtonpost.com/news/the-fix/wp/2015/06/23/the-gops-stunningly-rapid-political-shift-on-the-confederate-flag/).
[iii] U.S. Senate Roll Call Votes 111th Congress – 1st Session at http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=111&session=1&vote=00014
[iv] U.S. Senate Roll Call Votes 113th Congress – 2nd Session at http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=113&session=2&vote=00262
[v] U.S. Senate Roll Call Votes 113th Congress – 2nd Session at http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=113&session=2&vote=00228