What to Ask Judge Mukasey

Rachel Rebouche, Law Fellow
National Women’s Law Center

This Wednesday, the Senate Judiciary Committee will hold a hearing on the nomination of former U.S. District Court Judge Michael Mukasey to replace Alberto Gonzales as Attorney General. When asking questions of the nominee, the Committee should keep women in mind.

As the nation’s chief law enforcement officer, Judge Mukasey would have a number of responsibilities that have particular importance to and impact on women. For example, he would be responsible for representing the federal government in court and determining whether the Department would urge the Supreme Court to reverse or narrow critical precedents. The constitutional right to privacy and Roe v. Wade are under increasing attack, and we need an Attorney General that will not attack this vital protection for women.

In the same way, Judge Mukasey, if confirmed, would be responsible for enforcing current laws that help women, such as the Freedom of Access to Clinic Entrances (FACE) Act and the Violence Against Women Act (VAWA). FACE makes it a federal crime to use, threaten or attempt force to injure, intimidate, obstruct or interfere with providers of reproductive health care services or their patients. VAWA provides federal funding to local law enforcement, domestic violence shelters, and advocacy coalitions and service providers. The Senate needs to make sure that Judge Mukasey will use the Department of Justice’s resources to enforce these important laws.

The Department of Justice is also charged with enforcing federal antidiscrimination laws, but over the past six and a half years, the number of cases brought to eliminate discrimination in the workplace, in education and in housing has declined dramatically. It is essential that Judge Mukasey commit to rebuilding the reputation of the Department as a champion of fair play and equal opportunity in these areas.

Women lose out when the Department of Justice fails to take its duty to enforce hard-won civil rights seriously. There’s a lot we don’t know about Judge Mukasey. The Senate Judiciary Committee needs to make sure that our next Attorney General will set the Department on its proper course.

ETA: See Further Questions for Judge Mukasey.