November 28, 2018

RE: Opposition of Thomas Farr to the United States District Court for the Eastern District of North Carolina.

Dear Senator:

Earthjustice writes in opposition to the nomination of Thomas Farr to the United States District Court for the Eastern District of North Carolina. As an organization committed to the democratic value of access to justice, we oppose any nominee who demonstrates a desire to restrict people’s most basic rights of citizenship – the right to vote and the right to access the courts of law. After a thorough review of Farr’s record, we believe he lacks the ability to be a dispassionate and unbiased arbiter of the law. In fact, Farr has repeatedly and consistently worked to restrict individual rights to vote and to access the democratic process. We strongly urge you to oppose his nomination to a lifetime seat on a United States district court.

Over the course of his career, Farr has regularly sought to disenfranchise citizens. For example, he defended state legislation in North Carolina intended to suppress the right to vote and stifle political participation. Farr also served twice as legal counsel to Senator ’ Senate Campaign Committee (1984 & 1990). In both of those Senate races the Helms’ campaign, (while receiving legal advice from Farr), was engaging in illegal mis-information efforts designed to scare and discourage African Americans from voting.1

Later in his career, in his role as lead attorney for North Carolina General Assembly, Farr defended the State of North Carolina in several legislative efforts to enact and enforce discriminatory voting laws including voter identification laws. The United States Court of Appeals for the Fourth Circuit struck down the legislation, holding that the law had racially discriminatory intent and was in clear violation of the Constitution and the Voting Rights Act of 1965, additionally stating the “the new provisions target African Americans with almost surgical precision.”2

Farr has also championed efforts to weaken and eliminate legal protections for employment discrimination. When the North Carolina Legislature abolished the right of workers to bring an employment discrimination lawsuit in state court, Farr stated it was “better policy for the state,” despite it preventing access to the courts for workplace discrimination.3 Preventing individuals from protecting their right to fair treatment under the law runs counter to the fundamental principles of democracy.

Considering this legacy, Farr’s nomination to the Eastern District of North Carolina is concerning for its potential impacts on both democratic rights and access to justice. This is even more troubling considering

1 https://www.indyweek.com/indyweek/thomas-farr-jesse-helms-and-the-return-of-the- segregationists/Content?oid=10620860; See also, “THE 1992 Campaign; Helms Campaign Signs Decree on Racial Postcards.” , (February 28, 1992 Page 00018) (last visited November 27, 2018) https://www.nytimes.com/1992/02/28/us/the-1992-campaign-helms-campaign-signs-decree-on-racial- postcards.html 2 N.C. State Conf. of the NAACP v. McCrory, 831 F.3d 204, 214 (4th Cir. 2016). 3 http://www.newsobserver.com/news/politics-government/state-politics/article70918692.html. that the Eastern District of North Carolina holds the greatest percentage of the state’s African American population, meaning that Farr’s confirmation would land with particular weight on the shoulders of North Carolina’s African American community.

A nominee who, throughout his career, has so clearly embraced discriminatory exclusion as an acceptable legal strategy, cannot be trusted as a member of the federal judiciary to uphold principles of democratic enfranchisement and access to justice. Any judge serving on a lifetime federal court should exhibit an exemplary record of fairness and impartiality. Farr does not. For the reasons laid out above, Earthjustice strongly opposes Thomas Farr’s selection to sit on the United States District Court for the Eastern District of Carolina and we urge you to reject his nomination.

Sincerely,

Coby Dolan, Senior Legislative Counsel Policy & Legislation Earthjustice 500 New Jersey Avenue, NW, Suite 700 Washington, DC 20001

CC:

The Honorable Chuck Grassley, Chairman The Honorable Diane Feinstein, Ranking Member Senate Committee on the Judiciary Senate Committee on the Judiciary United States Senate Washington, DC 20510 Washington, DC 20510