On 5/11/2022, during Senate Judiciary Committee hearing, Sen. John Kennedy (R-LA) asked nominees about their past writings. Kennedy asked: You said modern judicial system today is more racist than it was 100 years ago. What you meant by that race as a socially constructed phenomenon.
Kennedy: … you wrote an article back in law school and I don’t hold that against you. When I was in law school we all did things when we were young that you know it seemed like a good idea at the time okay. If I got this wrong tell me, but you made one statement. I think this came from your article, I’ma read you the quote and I just didn’t understand it, here’s a quote: “one must understand race as a socially constructed phenomenon that has historically served to subordinate racial minority groups while maintaining white supremacy.” I’ve never thought of race as a socially constructed phenomenon tell me what you meant by that statement.
Mendoza: … when I was a law student and of course since that time uh senator I’ve uh became an attorney uh I swore an oath uh at that point I became a judge.
Kennedy: no I’m not trying to trip you up. I’m just trying to understand what you meant by when I first read it. I said well you know that’s an interesting construct. I just don’t understand.
Mendoza: senator as I sit here now I i can’t recall that specific quote but what I can tell you is when I deal with the issue of race in my court it’s usually an acclaim and and what I do in those claims is I apply the precedent …
Kennedy: Mr. Williams tell me about the privileges or immunities cause
Williams: thank you for the question the uh privileges and community and uh uh … it’s been a while the senator my practice is uh primarily intellectual property uh so uh it’s been a while since uh … clause doesn’t come up every day in my practice privileges …
Kennedy: tell me what the holding was in Obergefell v. Hodges
Williams: I’m sorry I didn’t hear the question
Kennedy: Obergefell v. Hodges
Williams: … uh I haven’t uh had the occasion to uh deal with that issue uh …
Kennedy: in 2015 Mr. Williams gave a speech and you said that the modern judicial system today is more racist than it was a hundred years ago did you say that?
Williams: thank you for the question senator (you’re welcome) uh uh I don’t believe that’s the uh specific quote that I said uh I believe you’re referring to
Kennedy: let me read you the quote so there won’t be any misunderstanding: becoming a felon is more devastating today than when existed during Jim Crow and you were talking about the judicial system in Delaware
Williams: thank you for the question senator (Kennedy: you’re welcome) I made those comments as uh co-chair of the access to justice commission which was a commission that was created by the Delaware supreme court
Kennedy: tell me what you meant the, chair I know I read the interview, tell me what you meant
Williams: I was referring to a description that uh others uh have made uh to describe the condition of felons in terms of uh the term Jim Crow meaning
Kennedy: well let me stop you, do you believe that the judicial system in Delaware in America is more racist today than it was a hundred years ago?
Williams: uh thank you for the questions no I do not believe that the system today is more racist than it was a hundred years ago uh what I was describing was the
Kennedy: but why did you say becoming a felon is more devastating today than when existed during Jim Crow?
Williams: uh I was referring to the conditions of of the inordinate amount of people of color who when they become felons are faced with loss of economic opportunity uh loss of voting rights uh loss of driving license laws but that happens Hispanic as well right uh it happens to you’re connected it happens to everyone who becomes a felon but the the the task of the committee was to examine uh the reasons why there’s such glaring racial disparities in the population of people of color in Delaware as compared to the population
Kennedy: do you think that’s because of racism? you think that’s because of racism?
Williams: uh I did not uh say uh
Kennedy: I know I’m asking you do you think that’s because of racism?
Williams: I believe that uh race plays a factor in Delaware uh uh uh across in in in in across uh the in Delaware and beyond and that uh uh studies have shown that there is a disparity uh in the prison population that just can’t be explained by just nature and it’d be coincidence and that race plays some factor it’s not the only factor right uh economic uh condition money ability to pay bail etc. plays a factor and some other things play a factor uh so at that time I was serving as
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Kennedy asked: You said modern judicial system today is more racist than it was 100 years ago. What you meant by that race as a socially constructed phenomenon.