by Rachel Rebouche, Fellow
National Women’s Law Center
Attorney General nominee Judge Michael Mukasey’s confirmation hearing before the Senate Judiciary Committee yesterday focused almost entirely on national security and the independence of the Department of Justice from the President. But the spotlight shone briefly on another legal issue with a particular impact on women. Senator Feinstein asked Judge Mukasey about a problematic sex discrimination case that Judge Mukasey heard while he was on the bench. The case (Sorlucco v. NYPD) concerns a NYPD officer who sued the Department that disciplined and fired her after she reported being raped by a fellow officer (see the full description of the horrific facts). The Court of Appeals twice reversed Judge Mukasey after he held that there was no evidence of sex discrimination by the NYPD.
Judge Mukasey told Senator Feinstein that no reasonable person could find that the NYPD acted unlawfully. But the Second Circuit Court of Appeals had no problem doing exactly that. So Judge Mukasey’s answer was incorrect –- and doesn’t get us any closer either to understanding why he decided this case the way he did as a judge, or whether the Justice Department, under his direction, would prosecute discrimination claims so as to protect discrimination victims, not hang them out to dry.
The Justice Department is in need of dramatic reform, and one urgent priority is to enforce federal civil rights and antidiscrimination laws. Unfortunately, Judge Mukasey wasn’t asked anywhere near enough about these issues in the past two days of his hearing. The Senate Committee needs to hear much more about these issues.
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