An exhaustive new Harvard study analyzed data on more than half a million defendants and about 1,400 U.S. district court judges over 15 years. It found that, compared with Democrat-nominated judges, GOP-nominated judges sentence black defendants to three more months than nonblack defendants for similar crimes.
“These differences cannot be explained by other judge characteristics and grow substantially larger when judges are granted more discretion,” concludes the study, which was first reported last week by The New York Times.
It’s too early to tell what effect, if any, President Donald Trump’s judges are having on racial disparities in sentencing. But given that some of his judicial nominees have records of being racist, and others have extreme views on crime and punishment, civil rights advocates say the study’s findings only add to their concerns that black people won’t be treated fairly by Trump’s judges.
“Trump’s judicial nominees in particular are demonstrating what we see as a breathtaking hostility toward equal rights,” said Todd Cox, director of policy at the NAACP Legal Defense and Educational Fund.
Take Thomas Farr, who is awaiting Senate confirmation to the U.S. District Court for the Eastern District of North Carolina. He drafted North Carolina’s voter suppression law, defended racially discriminatory gerrymandering and may have lied to the Senate about his role in disenfranchising black voters when he worked for the late Sen. Jesse Helms (R-N.C.).
Wendy Vitter and Andrew Oldham, two other pending judicial nominees, refused to say during their confirmation hearings if they supported the outcome of Brown v. Board of Education, the landmark 1954 ruling that struck down school segregation.