The justice system is a foundational pillar of any democratic society, tasked with ensuring equality, equity, and the rule of law. Yet, its structure and processes have been under scrutiny for the undemocratic ways they’re shaped, and the manner in which they impact the civil rights of the citizenry. A key platform that aims to shed light on the intricacies of this process, especially for black and brown individuals, is BlackBench. This initiative strives to educate communities about the pathway to becoming a judge and champions the need for more representative benches. At the heart of this discussion lies the understanding of how federalism influences our courts.

Federalism and Its Undemocratic Grip on Our Courts

Federalism, by design, allows the distribution of power between national and state governments. However, the manner in which this power is allocated and exercised has often been criticized for its undemocratic outcomes. 

Case in point: The Supreme Court nominations.

The United States Supreme Court stands as the apex of judicial review, influencing laws and decisions that have far-reaching consequences on civil rights and individual freedoms. The power to nominate justices to this esteemed court lies with the President – a power that can arguably pose a conflict of interest. When one branch of government controls the nomination and appointment of members of another branch, it can lead to concerns of undue influence and lack of checks and balances.

We’ve seen this influence play out in the nominations and confirmations of justices throughout history. It shapes the ideological leanings of the court and can often translate to rulings that do not necessarily resonate with the larger populace or marginalized communities. This is evident in decisions where the court might offer law enforcement officers and its own ranks “qualified immunity”, a legal protection that often shields them from being held accountable for potential civil rights violations.

The Ripple Effects: Civil Rights and Representation

The narrative of judicial appointments extends beyond just the Supreme Court. It touches every stratum of the judiciary, from federal benches to state courts. And it’s in these state courts that we witness a slew of decisions that have sometimes failed to uphold the spirit of civil rights. When the judiciary, which is supposed to be the guardian of individual rights, is not wholly representative or is influenced by partisan interests, justice can sometimes seem elusive.

This notion becomes even more pronounced when considering the representation, or lack thereof, of black and brown individuals in positions of power. Figures like President Biden and Vice President Kamala Harris, while breaking some barriers, can sometimes be viewed as figureheads in a system that hasn’t fundamentally changed to be inclusive and equitable.

The Electoral College: A Legacy of Compromised Democracy

Another cornerstone of the federalist structure, which has garnered its fair share of criticism, is the Electoral College. Designed as a mechanism to balance power and ensure that every state had a voice, it has been criticized for subverting the direct democratic process. Instances where the popular vote doesn’t translate to an electoral win have reignited debates about the validity and fairness of this system.

Moreover, looking at processes like the DNC primaries brings forth questions about how representative and transparent our democratic processes truly are. There’s an ever-growing sentiment that the foundational structures need to be revisited to ensure a truly democratic and representative system.

The Path Forward: Reclaiming the People’s Court with BlackBench

The challenges are evident, but the path to change is illuminated by initiatives like BlackBench. The project serves as a beacon of hope and education, illuminating the pathway for black and brown individuals to ascend to positions of judicial power. More importantly, it stands as a testament to the idea that one person, when empowered, can indeed prevail over institutional power.

Our democracy, to be robust and truly representative, requires a judiciary that reflects its diverse populace and upholds the principles of justice without prejudice. It’s high time to champion efforts that seek to amend historical oversights and lay the foundation for a more inclusive judicial system.

Project BlackBench is not just an initiative; it’s a call to action. A call to reclaim the people’s court and ensure that justice, in its truest sense, prevails for all.