Alan Grayson calls for Antonin Scalia to recuse himself from affirmative action case

Florida Congressman Alan Grayson wants Supreme Court Justice Antonin Scalia off an affirmative action case that the Court will rule on next year – and has penned a letter to Chief Justice John Roberts telling him that.

Scalia has come under fire for a comment he made last week during oral arguments in a case about race-based admissions at the University of Texas.  Scalia questioned whether some minority students are hurt by the policy because it helped them gain admittance to schools where they might not be able to compete academically.

“There are those who contend that it does not benefit African Americans to get them into the University of Texas where they do not do well, as opposed to having them go to a less-advanced school, a slower-track school where they do well,” Scalia said referencing an amicus brief. He also said that “I don’t think it—it—it stands to reason that it’s a good thing for the University of Texas to admit as many blacks as possible.”

That’s led to widespread criticism from Senate Minority Leader Harry Reid and other Democrats. North Carolina Congressman  G.K. Butterfield, chairman of the Congressional Black Caucus called the comments “disgusting, inaccurate, and insulting to African Americans.”

Grayson says Scalia’s comments were condescending towards blacks.

“I am deeply concerned that Justice Scalia’s bigoted words towards African Americans have hurt the integrity and independence of the Court, and will provoke a public disregard for the courts that will erode the independence of the judiciary,” Grayson writes in his letter to Roberts. “Justice Scalia’s discriminatory and condescending ideas about African Americans and their academic ability and performance prove that he is unfit to be part of this historic case,” Grayson says.

The Democrat, who is running for the party’s nomination for U.S. Senate next year, says that Scalia’s remarks reveal a bias that will affect his judgement in the case of  Fisher v. University of Texas. “If he is allowed to participate, and ultimately decide this case, his involvement will lead to an erosion in the integrity of the Court,” Grayson wrote.

The full text of the letter is below.

Dear Chief Justice Roberts:

I write today to ask you to urge Justice Antonin Scalia to recuse himself from Abigail Noel Fisher v. University of Texas at Austin, et al., Docket No. 14-981. During oral argument, on December 9, 2015, Justice Scalia made openly racist comments, indicating that elite universities should not admit more African American students, and that those students would be better served at “slower-track” schools. Justice Scalia’s comments revealed a bias that will no-doubt affect his judgment in Fisher v. University of Texas.  If he is allowed to participate, and ultimately decide this case, his involvement will lead to erosion in the integrity of the Court.

During a colloquy with the University of Texas’s Attorney Gregory G. Garre, Justice Scalia said:

“There are — there are those who contend that it does not benefit African-Americans to — to get them into the University of Texas where they do not do well, as opposed to having them go to a less-advanced school, a less—a slower-track school where they do well. One of — one of the briefs pointed out that — that most of the — most of the black scientists in this country don’t come from schools like the University of Texas….They come from lesser schools where they do not feel that they’re—that they’re being pushed ahead in—in classes that are too—too fast for them….I’m just not impressed by the fact that—that the University of Texas may have fewer. Maybe it ought to have fewer. And maybe some—you know, when you take more, the number of blacks, really competent blacks admitted to lesser schools, turns out to be less. And—and I—I don’t think it—it—it stands to reason that it’s a good thing for the University of Texas to admit as many blacks as possible. I just don’t think.”Top of Form

His words speak for themselves. If Justice Scalia were a Federal Circuit Judge, District Judge, Court of International Trade Judge, Court of Federal Claims Judge, Bankruptcy Judge, or a Federal Magistrate, he would be in violation of the Code of Conduct for United States Judges Canon 1, Canon 2(A), and Canon 3, and would be disqualified from the proceeding due to his bias and appearance of partiality under Canon 3(c)(1)(a).

Canon 1 states that a judge should uphold the integrity and independence of the judiciary. Justice Scalia’s words are racially biased. If Justice Scalia is allowed to continue to participate in this case, his actions will erode public confidence in the impartiality of the judiciary, and would undoubtedly injure our system of government under the law. Canon 2(A) states that a judge should respect and comply with the law, and should act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary. There is no doubt Justice Scalia’s statement calls into question his impartiality to serve as a judge in Fisher v. University of Texas. Canon 3 states that a judge should perform the duties of the office fairly, impartially, and diligently. Justice Scalia’s words clearly show bias in this case, and therefore, he should recuse himself.

I am deeply concerned that Justice Scalia’s bigoted words towards African Americans have hurt the integrity and independence of the Court, and will provoke a public disregard for the courts that will erode the independence of the judiciary.

Nothing less than the integrity of the American judicial system is at stake here. If Justice Scalia is allowed to decide this case, his stated bias against African Americans will erode public confidence in the integrity and impartiality of the Court. I respectfully ask you to urge Justice Scalia to recuse himself from Fisher v. University of Texas.

Sincerely,

Alan Grayson

Member of Congress