SALT Volume 1993, Issue 3 Society of American Law Teachers September 1993 LANI GUINIER'S PRESIDENT'S COLUMN NOMINATION - Sylvia A. Law - Phoebe A. Haddon New York University Temple University School of Law School of Law Salt Goes to Washington During the weeks before President Clin- ton withdrew Lani Guinier's nomination, SALT members working with the new there was a flurry of activity supporting her administration have experienced at least one candidacy as many of us realized that he grievous defeat and a number of successes. might actually bow to the pressure from SALT, and many of its members, vigorously right-wing activists and abandon her. In the contested the conservative mischaracteriza- midst of this mounting activism, on the day tion of Lani Guinier's work and the cowardly after Lani broke the Administration-imposed refusal of the Administration and the Senate silence in response to her attackers by appear- Judiciary Committee to allow her the oppor- ing on Nightline, President Clinton did for- tunity to publicly defend herself. Phoebe sake his friend, refusing to provide the public Haddon's companion column on this page and Lani an officially-sanctioned opportunity underscores our anger and deep disappoint- to speak her mind and respond to her oppo- ment at the wrong done to Professor Guinier. nents. For many people, particularly women Still, we are proud of and pleased about and people of color who were enlisted into ac- SALT members who have gone to Washing- tion as the controversy mounted over Lani's ton to help the new Administration tackle the nomination, this refusal was unconscionable. problems that challenge the nation. The Sen- Although the immediate response to ate Judiciary Committee contacted me asking the Administration's retreat was, for many of for information on Ruth Bader Ginsburg, us, anger and frustration, our energy should not be dissipated by those emotions. The continued on page 3 events of the late Spring should move us to rechannel our efforts towards providing lead- INSIDE THIS ISSUE ... ership in a society so riddled with deep- SALT's Teaching Conference on Extraordinary Success ............. page 5 seated prejudice as to what equality must Give Me More: AFirst-Timer Reflects mean in a diverse political community and on the Teaching Conference ................................................... page 6 how best to ensure effective participation of Professor Dwight Greene Slain by Unknown Assailant .............. page 8 those with divergent views. Upcoming West Coast Teaching Conference .......... .. ................ page 10 Many of us have undertaken these con- SALT Board Meets in New York ........................................... .. .. .. page 12 siderations as part of our scholarly agenda, Update on Cracker Barre_! and CREF ........................ .. ............... page 14 for example, in exposing the fundamental TIAA-CREF, Divestment & Socially Responsible Investing ....... page 15 contradiction of masking differences in "color- The MacCrate Report: Opportunity for Curricular Reform ...... page 16 Finally ... Gender, Race & Teaching Status Data Now Being Gathered by the AALS ............ .. ..................................... page 17 continued on page 2 Justice for Sale .............................................................................. page 17 Page 1 continued from page 1 - Lani Guinier silent or risking caricature cannot be the only options for dissident individuals or groups. blindness" requirements while celebrating di- Yet the White House's decision to withdraw versity. Our task takes on added urgency as the Guinier nomination without providing an we reflect upon why we responded so stri- official forum for dialogue suggested that no dently to the denial of a hearing for Lani Gui- other alternatives were available. nier. What's "Good" for the Country? Another Anita Hill? If Clinton's decision was deeply of- Not surprisingly, women and people of fensive, so was the ease with which even color were offended by the racialized and some colleagues and political liberals gendered stereotypes that were used to ma- argued that the withdrawal of the nomina- nipulate discussion and distort the public's tion was "good" for the country. Let's move understanding of the opposition to La ni's on, they said, so that the presidency can be salvaged (and the real needs of the country " can be addressed). Others reasoned that ••• disparaging labels have left a the denial of a hearing avoided playing legacy of demeaning images of into the conservative strategy of turning " Black women ... public opinion against the Voting Rights Act. This kind of response, incidentally, echoed that of earlier apologists for Clar- nomination. When she was labeled "Quota ence Thomas, who argued that Anita Hill Queen," we recoiled, recalling how disparag- should have remained silent "for the good ing labels have left a legacy of demeaning im- of the race" or to protect the integrity of ages of Black women. The carloon characteri- the Court. And it has been replayed more zations of Lani similarly shaped the public's recently in the rationale offered for politi- attitude, focusing on stereotypical and unflat- cal compromise regarding gays and lesbi- tering depictions of a woman who is very ans in the military: that silence about sexu- much unlike the image which was being mas- al preference is "just" because it protects queraded. It was easy to connect Lani's treat- the institutional needs of the military. ment with that of Anita Hill, whose credibili- For many women, people of color and ty had been drawn into qu esti on and other historical victims of social and political reputation maligned, not by what she said but inequality, it is increasingly difficult to accept by the images and innuendo used effectively this kind of response without belittling our by Clarence Thomas and his Senate support- interests and devaluing the importance of di- ers and against which she was unprepared to versity. Exposing one's views and claiming a defend. Although Lani and her public sup- stake in the public definition of what is porters were willing and able to defend her "good" or right are critical to the development positions and respond to the distortions in the of a community which fosters true equality of press, no official opportunity was forthcom- citizens. As teachers and scholars, we must ing. The treatment of both women seemed at identify the costs associated with submerging first blush to signify a general unwillingness the interests of disfavored groups and ques- to treat Black women seriously. But a more tion situations where what is good is equated critical insight to draw is that in our society with preferences of the majority by evaluat- such challenges to politically acceptable posi- ing whether appropriate respect for the per- tions are so threatening that they are intolera- spectives and interests of others has been ac- ble unless encumbered by caricature. In a country which truly values diversity, keeping continued on page 3 Page 2 continued from page 2 - Lani Guinier continued from page 1 - President's Column corded. who served on the founding Board of SALT from 1975 to 1977, and as Vice-President from What Is the Value of Diversity? 1976-1980. Thanks to the wonderful work of SALT Historian, Joyce Saltalamachia of New The incidents of the late Spring demon- York Law School, we found a series of 1974 strated to Lani's supporters that for many letters from then-Professor Ginsburg alerting Americans the acceptance of diversity, if it ex- SALT to a number of grossly sexist and ho- ists at all, is merely "skin" or "gender" deep. mophobic questions on state bar exams. SALT The Administration's abandonment of Lani prepared a critique that was distributed to bar Guinier's nomination challenges the proposi- examiners throughout the country. She thus tion that diversity is valued, that significant played a central role in launching SALT in variations in views are tolerated, even en- work that continues to command our atten- couraged, particularly views about political tion today. participation. For many women and people of color who supported Lani Guinier's nomina- ".... we are proud of and pleased tion, it was troubling to confirm the suspicion that, even for vocal supporters of diversity, a about SALT members who have condition for acceptance of our political par- gone to Washingtion ... ticipation is a willingness to accede to a nar- Ruth Bader Ginsburg ... on the rowly defined notion of public good or to be founding board of SALT" ".... acceptance of diversity, Other SALT members who have joined the new administration include: Drew Days, if it exists at all, is merely Yale, Solicitor General; Walter Dellinger, 'skin' or 'gender' deep ... " Duke, Justice Department, Head of the Office of Legal Counsel; Peter Edelman, George- town, Health and Human Services, Counsel silent when we have perspectives which chal- to the Secretary; Christopher Edley, Harvard, lenge the majority's conception of right. Office of Management and Budget, Program Lani Guinier's denial of a hearing could Associate Director; Nan Hunter, Brooklyn, cabin a discussion of the meaning of equality Department of Health and Human Services, in our diverse society and blunt an explora- Deputy General Counsel; Gerald Torres, Min- tion of alternatives for fostering more mean- nesota, Justice Department, nominated as As- ingful participation of dissident or disfavored sistant Attorney General for Environment; groups. Our support of her reflected that we and Cruz Reynoso, UCLA, appointed to the share with Lani a deeper sense of the creative Commission on Civil Rights. potential for exchange of ideas which can be We congratulate all these colleagues effectuated by the political participation of di- and wish them well. verse individuals and groups than was ac- ceptable to her opponents, and ultimately, to Help Wanted the President. We cannot permit that conclu- sion of the events. We can relocate the discus- SALT works primarily through its sion and continue the dialogue in our teach- membership and committees. Members are ing and our scholarship.