May 30th 2024.
After nearly two decades, the Supreme Court in Columbia, South Carolina will soon be made up entirely of white judges. This decision has caused concern as diversity on the bench remains a pressing issue, especially in a state where people of color make up a significant portion of the population.
The General Assembly is responsible for selecting judges in each state. However, their continued trend of predominantly choosing white judges has not gone unnoticed. In fact, five years ago, Black lawmakers even walked out of judicial elections due to concerns about diversity, as reported by AP News.
Democratic Rep. Gilda Cobb-Hunter, the longest-serving representative in South Carolina with 32 years of service, expressed her disappointment, stating, "It's shameful. Our state is diverse and the people who appear before the court are diverse. It's only natural that the judges should reflect this diversity." She also emphasized the need for leadership from General Assembly leaders, business and community leaders, and the governor in promoting diversity in the court system.
Cobb-Hunter also pointed out the lack of representation on the Court of Appeals, where only one out of nine judges is Black. This court is often seen as a stepping stone to the Supreme Court. She also highlighted the fact that a white man was chosen over a Black woman for the last open seat in 2024, and a Black woman has never served on the South Carolina Supreme Court.
The representative also noted the issue of gender diversity, stating, "When they talk about women not being elected, I know they're referring to white women and not women of color." This is not the first time South Carolina has faced criticism for its lack of diversity in the court system. In the past, the state had the nation's only all-male high court.
In 2023, the court made a controversial decision to uphold the state's strict abortion ban with a 4-1 vote. This ban prohibits women from terminating their pregnancy after six weeks, a time when many women are not even aware they are pregnant. The majority opinion was written by a woman, who was due to retire due to her age, and this decision prompted a review of the law by the high court.
After next week's election, a new justice will take the vacant seat on the court, and South Carolina will join 18 other states with all-white high courts. Shockingly, 12 of these states have minority populations of around 20%, according to the Brennan Center for Justice.
The vacant seat will replace Chief Justice Don Beatty, the only African American on the high court, who is now retiring at the mandatory age of 72. Initially, Circuit Judge Jocelyn Newman was the only Black candidate running for the Supreme Court seat. However, she withdrew from the race when candidates began seeking support from lawmakers. Now, there are only two candidates left, a white man and a white woman, to fill the position.
John Kittredge, who will take over Justice Beatty's seat this summer, acknowledged the importance of diversity, stating, "We have a great system, but if it does not reflect the people of South Carolina, we risk losing the respect and integrity of the public we serve." It remains to be seen what steps will be taken to address this lack of diversity in the state's highest court.
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