Rep. Gill Traps ABA President in Her Own DEI Logic

[00:00:00]I now recognize myself for 5 minutes for the purpose of of asking questions. Um and thank you to all of the witnesses again for taking the time um to come before this hearing which I think it is incredibly important. Um Ms. Banky, according to the ABA's website, quote, "All of us have implicit biases." Would you agree with that statement?

[00:00:25]>> The ABA believes that uh diversity, equity, and inclusion improves the practice of >> with the statement that, quote, "All of us have implicit biases" from the ABA's website?

[00:00:36]>> The ABA believes that diversity in all of its forms is important.

[00:00:40]>> that It's a yes or no question. Do you believe that all of us have implicit biases as your website says?

[00:00:46]>> The ABA looks to remove barriers and we examine >> my question, ma'am. Do you believe that all of us have implicit biases?

[00:00:53]>> I've expressed I've expressed what the ABA is doing and >> That is the ABA's position um as expressed by their their website.

[00:01:02]Against which groups do you have implicit biases?

[00:01:05]>> The ABA believes that it's important to always examine >> Are you going to filibuster because it doesn't make you sound very good. I'm going to ask you again, which against which groups do you have implicit biases?

[00:01:16]>> It's important to always examine everyone's point of view and where they may um need to >> It is. What what about your point of view?

[00:01:26]>> I am here as the president of the American Bar Association and >> And I'm asking you what what your implicit biases are.

[00:01:32]>> The ABA as an entity >> Have you reflected on your implicit biases?

[00:01:36]>> I think about how I operate in the world constantly.

[00:01:39]>> you like to explain to us what they are?

[00:01:42]>> I am here speaking on behalf of the ABA and the ABA's >> We're going to move on. Was race a factor in Ketanji Brown Jackson's Supreme Court nomination?

[00:01:51]>> I have no uh idea how that uh process works. I'm a real estate lawyer.

[00:01:56]>> President Biden um stated, "I've made no decision except one and that's that that person will be the first black woman ever nominated to the United States Supreme Court." So, I think it's fair to say that race was a fact and gender were were factors in that nomination process.

[00:02:10]Wouldn't you agree?

[00:02:12]>> You would have to have a conversation.

[00:02:15]>> He he he explicitly stated that, so I think it's fair to say. I mean, you're you're a lawyer. I think that's fair to say.

[00:02:21]Um, do you think that it's just or or righteous that Joe Biden explicitly excluded black men in the nomination process for the Supreme Court vacancy?

[00:02:32]>> The ABA does not support discrimination of any sort.

[00:02:36]>> So, you don't So, you don't think that it was proper for Joe Biden to exclude every group other than black women in deciding who should fill that Supreme Court vacancy. Is that your testimony?

[00:02:47]>> The ABA relishes diversity, equity, and inclusion >> it is it is it acceptable for Joe Biden to exclude black men in the nomination pool for the Supreme Court?

[00:02:58]>> The ABA never supports discrimination.

[00:03:02]>> That's that's good to hear. And you believe I I I think tell me if if um that the Supreme Court should roughly resemble the racial diversity of the country.

[00:03:13]>> The ABA does not believe that quotas are appropriate. It is >> According According to the ABA's mission statement on its website, it states that judges it increases the quality of our judicial system when our judges resemble the vast racial diversity of our society. So, would you say that it's it's helpful, it's beneficial if our Supreme Court resembles the racial diversity of America.

[00:03:39]>> The ABA believes that diversity in all of its forms is important. We want people to bring all of who they are, whether they be from small practice or >> Diversity Can you define diversity here?

[00:03:50]You want it to Should the Supreme Court resemble America's racial makeup roughly.

[00:03:56]It's a yes or no question.

[00:03:57]>> The ABA does not uh support quotas. We >> I'm not asking about quotas. I'm asking if it should roughly resemble America's racial makeup.

[00:04:05]>> It should represent all of what people are and all of what people are.

[00:04:09]>> Okay. So, right now there's about about two of two of nine of Supreme Court justices uh are black. That's about 22% of the Supreme Court um according to your testimony about 13% of America's population is black if if the Supreme Court should roughly resemble America's demographic makeup as as the ABA states is is proper. Um in your opinion regardless of qualifications, uh should the Senate refuse to confirm a third black Supreme Court justice?

[00:04:39]>> The ABA supports and encourages diversity in all of its forms.

[00:04:44]>> That wasn't my question. My question was if a Supreme Court vacancy opens up, should the Senate refuse to confirm a third black Supreme Court uh nominee based on his race or her race?

[00:04:57]>> The ABA does not support quotas and so >> does support some sort of and we're going to hopefully we'll get into that.

[00:05:04]The ABA does support um making sure the ethnic makeup has a specific amount. But my my time is up, so we will uh we will move on.