When extraordinary isn’t good enough

By Dr Selwyn R. Cudjoe
February 08, 2022

“[In the United States] Black people have had to perform at a much higher standard simply to receive the rewards of being ordinary. For Black people, being ordinary is an extraordinary achievement.”

—Lewis R Gordon on Du Bois’s Political Thought

Dr. Selwyn R. CudjoeDuring his lowest ebb in his political career at the Democratic primaries in 2020, Joe Biden promised he would select a black woman to be a US Supreme Court justice if he were elected. About a week ago, Justice Stephen Breyer resigned from the court, allowing Biden the opportunity to fulfil his promise.

One would have thought such a decision would have been treated sympathetically since black women are among the most abused, reviled and debased populations in the US. A day after the Breyer announcement, Biden declared: “The person I will nominate will be someone with extraordinary quali­fications, character, experience and integrity. And that person will be the first black woman ever nomi­nated to the US Supreme Court. It is long overdue, in my view.”

Many Americans did not agree with Biden, according to an ABC News/Ipso poll conducted in late January. Among a random sample of 510 American adults, 76 per cent of them wanted Biden to consider “all possible nominees” in order to be fair. Of these, 54 per cent of Democrats preferred that Biden consider “all possible nominees”.

Texas senator Ted Cruzcalled Biden’s decision “offensive” and “insulting”. He fumed: “You know, black women are what, six per cent of the US population? He is saying to 94 per cent of Americans, ‘I don’t give a damn about you, you are ineligible.’”

Apparently, Senator Cruz did not find anything wrong with Presi­dent Trump’s announcement, made one day after the death of Justice Ruth Bader Ginsburg, that he would name a woman to replace her. Subsequently, Trump nominated Justice Amy Coney Barret who Renee Graham called “woefully under-qualified”. (Boston Globe, February 2.)

Not to be outdone, Senator Roger Wicker, GOP Senator of Mississippi, feared that the yet-to-be named nominee would be a beneficiary of “affirmative action”. He said: “The irony that the Supreme Court at the very same time is hearing cases about this sort of affirmative racial discrimination and while adding someone who is the beneficiary of this sort of quota”. (NBC News, January 29.)

Worst of all were the denigrating comments of John Kennedy, GOP senator from Louisiana: “No. 1, I want a nominee who knows a law book from a J Crew catalogue. No 2, I want a nominee who’s not going to try to rewrite the Constitution every other Thursday to try to advance a ‘woke agenda’.” (­Politico)

Why, may I ask, are white people always so pure, independent of bias of any sort?

Many of the black women under consideration for the Supreme Court post are extremely brilliant women. The top three candidates include Ketanji Brown Jackson, Leondra Kruger and J Michelle Childs. Jackson serves as a judge on the US Court of Appeals for the DC Circuit. She attended Harvard Law School and was an editor for the Harvard Law Review.

Kruger, a California Supreme Court Justice, served as US deputy solicitor general and argued before the Supreme Court. She attended Yale University Law School and served as editor-in-chief of the Yale Law Journal. Childs graduated from the University of South Carolina Law School and was the first black female partner in a major law firm in South Carolina. GOP Senator Lindsey Graham of South Caro­lina describes Childs as “qualified by every measure… I can’t think of a better person for President Biden to consider for the Supreme Court than Michelle Childs”. (CNN, January 30.)

When it comes to black people, the “democratic impulse” of Americans always rises to the top. No one had any objections when President Reagan nominated Sandra Day O’Connor to be the first woman on the Supreme Court in 1981, or in 1986 Antonio Scalia to be the first Italian on the Supreme Court.

Since its establishment in 1789, there have been 115 justices, 108 of whom were white men. Some were slave-holders (John Marshall, Roger Taney, and Joseph Story) who voted to uphold the institution of slavery. Fifty possessed law degrees, 18 attended law school but did not receive degrees while 47 received their legal education without ever attending law school.

Yet, the qualifications of these exceptionally talented women are being questioned even before they are named; such are the burdens of what it means to be black in America.

Lewis R Gordon spoke of the obstacles that black scholars have had to face in America. He points out that WEB Du Bois, that great African American scholar, “learned early in his career that segregation split the category of the ordinary. While for whites, the achievement of an ordinary life is a rule, for blacks it is an exception since the entire system of racial oppression is designed to block such a possibility for black people”.

He noted that despite the fact that Du Bois did much better than his white contemporaries in academia, he “was never offered posts readily available to mediocre white scholars in prestigious American institutions of higher learning… black people have had to perform at a much higher standard simply to receive the rewards of being ordinary. For black people, being ordinary is an extraordinary achievement”. (“An Africana Philosophical Reading of Du Bois’s Political Thought”)

In spite of their stellar achievements, these female lawyers must be more than extraordinary. They must border on the realm of being geniuses, and that’s the injustice of being black in America even when it comes to being placed on the Supreme Court.

4 thoughts on “When extraordinary isn’t good enough”

  1. I wish to deviate this one time with my comments because I am deeply disturbed by the reporting of the Coast Guard actions against the Venezuelan boat that caused the death of an infant.
    As a nation, we need to understand our constitution, institutions and the purpose of their existence and operations. The constitution allows a government (run by politicians), the Judiciary (run by qualified judges, magistrates etc), armed services ( army, coast guard, police, air & sea support). The armed services are NOT civilian controlled. In the case of the Army and Coast Guard, they represent our line of defense against armed insurrection, enemy invasion and border patrol.
    Border patrol by its nature is NOT a humanitarian operation, even though there are occasions when in the course of their duties they may undertake missions such as rescue of individuals and search for missing people and bodies. The operation mission of the Coast Guard described by the media is, by its nature MILITARY. Not rescue, not humanitarian. That means
    that force might and could be inevitable. Again, the action described by the media (the smuggling of illegal immigrants into the country) is NOT a mission of mercy. To make matters worse, the Pilot of the boat engaged in an offensive action by attempting to ram into the Coast Guard’s ship. The re-action of the Coast Guard MUST be military in nature, against the perpetrators. It is therefore valid and within its right to defend itself against piracy and aggression. As an ex-military person, I am appalled to see the extent of the media to persecute the actions of the military without an official report on the incident.

    It is unfortunate that a child became a casualty of the operation. But it is damning to hear the comments coming out of the mouths of politicians and civilians officials. To me, it shows a sign of ignorance of people who regard themselves as ‘learned’ and ‘servants of the people’. I felt compelled to add my piece to this reporting because it seems like the civil part of our population has gone on a course that is contrary to the purposes for which we serve. While the Coast Guard may humanly regret the result of their operation. They were within their rights and the law to defend the country against perpetrators regardless of how the look or how old they might be. That is the OATH the military takes.

    I have heard comments emanating from public figures to the nature that the action should be treated as criminal – RUBBISH!!!! It is a defensive operation that occasioned the death of a helpless infant and for that we ALL should express our heartfelt sorrow. The accusations especially by the politicians and public officials are STUPID because they Monty know how to differentiate a civilian operation from a military operation.
    I just felt compelled to make this observation because people’s comments are all over the place as though the Coast Guard went out on a police operation to intimidate the oncoming boat.

    The media need to do a better job of informing the population when incidents like this occur. The military always do a post-mortem on operations such as this one and there will be a report. But I hate when ill-informed politicians make ill-informed statements.

    1. Interesting. You are rushing to judgment while accusing the Media of doing the same.
      I am not defending the Media or politicians, but I am assuming that they are basing their point of views on the evidence and witness statements being provided by migrants on the boat which was shot at.
      It seems that the courts will decide since legal action is now the way forward.
      When you give boys new toys they will play with them.
      I will end by stating that the T&T military, police force and coast guard have proven more than once to be unreliable merchants of untruths in many cases.

  2. Professor, maybe it is time to question how are these negative perceptions of ‘Black’ (African) people maintained, what are the mechanisms used to ‘project’ that thinking onto society?
    The MOH yesterday decommissioned the PF Hospital as a Covid 19 hospital. It is a milestone in TT’s war on Covid… Something that Scientists predicted in South Africa months ago, with their study on the Omicron Variant.

    >Two of South Africa’s most prominent coronavirus experts told the BBC that Western scepticism about their work could be construed as “racist,” or, at least, a refusal “to believe the science because it came from Africa”.Urging the country to “Ignore the dotishness, the lies, the misinformation and focus on what is real and of substance in this country,” Rowley swore to keep those who lie and steal out of the corridors of power in this country.<

    https://www.guardian.co.tt/news/ag-not-being-removed-6.2.1451085.2a33184463

    Seems the PM has forgotten Ms. Marlene McDonald, or rather, he seems to think that WE have forgotten her. Her humiliation… once for this picture, Professor.

    https://trinidadexpress.com/news/local/third-strike-to-her-political-career/article_71f9c772-ba46-11e9-a369-c70f07852381.html

    They say, 'Charity begins at Home', Professor, and unlike Biden, Rowley is the Blackest Man in TT.

    1. Reposted..

      Professor, maybe it is time to question how are these negative perceptions of ‘Black’ (African) people maintained, what are the mechanisms used to ‘project’ that thinking onto society?
      The MOH yesterday decommissioned the PF Hospital as a Covid 19 hospital. It is a milestone in TT’s war on Covid… Something that Scientists predicted in South Africa months ago, with their study on the Omicron Variant.

      >Two of South Africa’s most prominent coronavirus experts told the BBC that Western scepticism about their work could be construed as “racist,” or, at least, a refusal “to believe the science because it came from Africa”.

      https://www.bbc.com/news/world-africa-60039138

      It’s no coincidence that The MoH refused to even mention the SA study.. as SA leads the world out of this pandemic..

      Speaking of Black Women..
      Another thing happened over the past few. AG Al Rawi..

      >Urging the country to “Ignore the dotishness, the lies, the misinformation and focus on what is real and of substance in this country,” Rowley swore to keep those who lie and steal out of the corridors of power in this country.<

      https://www.guardian.co.tt/news/ag-not-being-removed-6.2.1451085.2a33184463

      Seems the PM has forgotten Ms. Marlene McDonald, or rather, he seems to think that WE have forgotten her. Her humiliation… once for this picture, Professor.

      https://trinidadexpress.com/news/local/third-strike-to-her-political-career/article_71f9c772-ba46-11e9-a369-c70f07852381.html

      They say, 'Charity begins at Home', Professor, and unlike Biden, Rowley is the Blackest Man in TT.

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