In his Aug. 25 commentary "Partisan game-playing blocks an outstanding judge," U.S. Rep. Erik Paulsen criticized U.S. Sens. Al Franken and Amy Klobuchar for halting Minnesota Supreme Court Justice David Stras' appointment to the Eighth U.S. Circuit Court of Appeals.
In my view, Klobuchar and Franken are exhibiting appropriate diligence. My own work focuses on civil rights and school integration, and Stras' previous statements have left me deeply concerned about the impact of his appointment within these areas. Indeed, there is reason to believe that Stras might frustrate ongoing voluntary school integration in Minnesota.
To be clear, I am not concerned that Justice Stras is a conservative or a Republican. This is to be expected under a Republican president, and neither forecloses support for civil rights. Instead, it is his apparent skepticism of important federal civil-rights decisions that troubles me.
U.S. Supreme Court Justice Anthony Kennedy is a Republican and a conservative, but time and again he has expressed powerful support for the ideal of an integrated society. In a landmark school integration case in 2007, Kennedy held, with four other justices, that there was a compelling governmental interest in school integration. This decision protected the opportunity for school districts around the country to voluntarily integrate themselves.
All federal courts have thus far recognized Kennedy's opinion as the law of the land. But when Stras wrote about the case, he argued that the opinion was receiving "way too much emphasis," that it should not be given "controlling weight" and even that following it would be "dangerous."
If appointed to the Eighth Circuit, would Stras not follow Kennedy's opinion or would he counsel lower courts not to follow it? It's important to know, because many voluntary integration plans hang in the balance — including here in Minnesota, where Stras' view would place the Hopkins, Eden Prairie and Apple Valley districts in legal jeopardy.
In 2007, Kennedy concluded by reminding the Supreme Court that "[t]his Nation has a moral and ethical obligation to fulfill its historic commitment to creating an integrated society that ensures equal opportunity for all of its children."
Stras, in his words and writings, has suggested he'd prefer that judges worry less about their "moral and ethical obligations" to the country. Stras once lamented that the Supreme Court's "ventures into the contentious areas of social policy — such as school integration, abortion and homosexual rights" have politicized judicial nominations.