The Rev. Al Sharpton and Keandra McDole
The U.S. Senate recently confirmed Delaware Supreme Court Justice Tamika Montgomery-Reeves to serve on the prestigious 3rd U.S. Circuit Court of Appeals.
While President Joe Biden’s commitment to diversifying the federal bench continues to be a historic success, the net effect for Delaware’s judicial system amounts to robbing Peter to pay Paul. That’s because Montgomery-Reeves’ confirmation will once again leave Delaware with an all-white Supreme Court — in a state that is almost a quarter Black and 10% Latino.
Montgomery-Reeves deserves praise for her historic achievements, but judicial diversity cannot be a game of musical chairs. It’s a sacred value of representative democracy because it ensures that the courts’ rulings are driven by protections for the people, not self-interest.
Delaware Gov.John Carney is failing this principle because the state’s courts continue to be dominated by a clique of influential legal insiders who leverage their positions for power and profit — doled out in judicial rulings in both the State Supreme Court, and the powerful Court of Chancery. This old boys’ club is populated almost exclusively by wealthy, white, male lawyers and judges deeply connected to Delaware’s political establishment. These powerful elites make self-interest and self protection the dominant legal virtue, and too often, backslapping and back-scratching seem more relevant to legal rulings than do case law or precedent.
This appalling lack of diversity on Delaware’s bench corresponds with controversial decisions that erode the public’s faith in the entire judiciary — such as a devastating rollback of voting rights for Delawareans just weeks ahead of the 2022 midterms elections. The decision to curtail vote-by-mail and same-day registration was decided and affirmed by two separate all-white panels of judges.
These laws, which make it easier for people to legally cast their votes, provide additional reliable options to vote for those historically shut out of the political process. Yet the all-white courts sitting atop the Delaware judicial system struck down these laws on specious grounds. It’s easy to see how a bench composed of diverse jurists would have seen the need to protect access to the voting booth, not further erode it.
This self-serving cabal’s dominance of Delaware’s judiciary rears its ugly head in other ways as well. The Chancery Court infamously ruled, for the first time in American history, to force the sale of a private, profitable company, TransPerfect. This unprecedented decision served primarily to fatten the wallets of powerhouse Delaware firms like Skadden Arps, a firm with deep personal ties to the state’s top courts.
Despite these glaring failures, Carney can change Delaware’s courts and restore the people’s confidence immediately by committing to fill two upcoming vacancies on the Delaware Supreme Court with judges of color. The elevation of Montgomery-Reeves to the federal bench shouldn’t be a zero-sum game, but celebrated as a virtue to be replicated across the state’s courts. Instead of a bittersweet moment, Delaware could be leading in ensuring that its courts reflect the diversity and the people its rulings affect.
Additionally, Delaware’s leaders, including Carney, must find ways to expand voting rights despite restrictive rulings before this last election that made it harder to vote. An inclusive court would recognize that going backwards on ballot access is a dangerous detour away from democracy and toward disenfranchisement. The governor and legislature must overcome the court’s failures here and pass a statewide constitutional amendment to protect voting rights.
More perspective:Gov. Carney, don’t compromise Delaware’s justice system. We need Black justices
Finally, Delaware urgently needs a formal Code of Ethics to oversee the state’ judges. When the courts become dominated by a small cadre of insiders, they produce controversial, questionable rulings that shut everyday people out and serve only themselves. Whether its voting access, economic fairness, or individual liberty, the status quo is broken and cries out for reform.
The Rev. Al Sharpton is a civil rights activist. Keandra McDole is an activist based in Wilmington.
