(5/16/98 Baltimore AFRO-American Newspaper)
by Congressman Elijah E. Cummings
On May 6, 1998, the U.S. House of Representatives passed H.R. 6, The Higher Education Amendments of 1998. This bill breathed life back into many education programs. Spending for the new bill is estimated to be $104 billion over six years. I voted in favor of the bill because I believe it is an investment in our children and America’s future.
Representative Frank Riggs, a Republican from California, offered an amendment, that would have reversed the efforts and gains made in diversifying America’s schools. The Riggs amendment would have prohibited any institution receiving federal aid from maintaining affirmative action policies. Affirmative action allows colleges and universities to augment the number of qualified women and minorities, who otherwise may not have been accepted based on the traditional criteria of Scholastic Aptitude Test (SAT) scores and Grade Point Average (GPA). Congressman Riggs, in response to Proposition 209 in California, sought to invoke the name of equality to justify his baseless attempt to render affirmative action policies illegal and unconstitutional. Fortunately, the amendment was defeated by a vote of 249-147.
Without affirmative action many students that have the ability and determination to succeed will not be given an opportunity to do so. The lack of diversity evident in the legal profession confirms the continued need for affirmative action. Years after the enactment of such initiatives, the legal profession, like others, is still not reflective of the number of qualified minority and women applicants or graduates. It is only fair to say that if the need for affirmative action were "outdated" there would be equal representation of racial minorities and women in the profession of law. Unfortunately, such diversity and inclusion has yet to be achieved.
According to a recent report by the American Bar Association, less than 4 percent of lawyers in America are African-American, and only 3 percent are of Hispanic descent. Just under 3 percent of law firm partners nation-wide are racial minorities. However, over 90 percent of America’s lawyers are Caucasian. Women constitute only 23 percent of the bar, but only 19 percent of tenured law school faculty, 13 percent of law firm partners, 12 percent of judges, and 8 percent of law school deans. As of 1997, only 6 percent of federal judges, including district court judges and appellate judges, are African-American. Only 3.4 percent are of Hispanic descent, and 0.6 percent are Asian-American. This disparity can in part be linked to the Reagan administration: Of a total of 368 appointments by President Reagan, only 7 were African-American, 17 Hispanic, and 28 women. The remaining 318 were White males.
Moreover, the lack of diversity among law clerks hired by U.S. Supreme Court Justices is even more discouraging. USA Today reported that just under 2 percent (7 out of 394) of law clerks hired by current justices of the U.S. Supreme Court were African-American. Only 4.6 percent (18 out of 394) were Asian-American, and only 1 percent (4 out of 394) were Hispanic. Only 24 percent were women.
Opponents of affirmative action argue that merit should be the only determinant in the process of selection. However, SAT scores and GPA do not predict how well a student will perform. SAT scores cannot accurately assess perseverance and desire. My SAT score was relatively low as a high school student. However, with persistence and dedication, I graduated Phi Beta Kappa from college, attended law school, became a successful lawyer, and was elected to the United States House of Representatives. Clearly, the "level playing field" and "best merit" arguments cannot suffice as weapons against affirmative action.
Census reports indicate that the majority of the U.S. population by the year 2050 will be people of color. Common sense dictates a swift change in policy towards diversity based initiatives in all aspects of our society. We must decide and act in an aggressive and progressive manner to move out old values that may cripple our ability as a nation to grow. Affirmative action is not a political tool used to take away from others, rather it is a crowbar prying open doors of opportunity that have been and continue to be closed and often times locked
-The Honorable Elijah E. Cummings represents the 7th Congressional District of Maryland in the United States House of Representatives.