[Congressional Record Volume 168, Number 26 (Wednesday, February 9, 2022)]
[House]
[Pages H1104-H1105]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           IF NOT NOW, WHEN?

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 4, 2021, the Chair recognizes the gentleman from Texas (Mr. 
Green) for 30 minutes.
  Mr. GREEN of Texas. Mr. Speaker, and still I rise, Mr. Speaker, and 
still I rise, proud to be an American, proud to be a Member of this 
august body, proud to say that I am a free man, unbought, unbossed, and 
unafraid, proud to speak truth to power and to speak truth about power, 
proud that my family who loved me dearly instilled in me a belief that 
I could do anything that anyone else could do.
  But they also taught me that there were obstacles in life, and that 
you will do some things, Alexander--that is my first name--because of, 
and you will do a good many things in spite of. And that has been the 
history of African Americans in this country. We have done a good many 
things because of people of good will who have befriended us, but we 
have also done a good many things in spite of people of ill will who 
have done all that they could to defeat us. But still we rise. Still we 
rise.
  And today, I would like to discuss the topic: If not now, when? If 
not now, when? And this topic I embrace because of the Supreme Court of 
the United States of America and the possibility of a person of African 
ancestry who happens to be a female being appointed. If not now, when?
  Let's examine the facts. This is Black History Month. This is Black 
history. And there are facts that are undeniable, indisputable, 
incorruptible.
  Here are the facts, and here is why we find ourselves giving this 
speech today, making these statements today. Here are the facts. We 
have had a total number of Presidents of 45. Forty-five Presidents of 
the United States, one of color. One of color. Forty-five, one of 
color. Number of women, zero, of any color, any persuasion.
  The Presidency of the United States has been an all-male institution, 
and for the most part, overwhelmingly so, it has been a White male 
institution. Just the facts. That is all.
  Forty-five, one of color, zero women.
  Now, there are some people who find it offensive to hear facts. They 
find these facts to somehow cause them some degree of consternation. My 
dear friends, can you imagine how these facts impact people of color? 
How they feel, knowing that we have had 45 Presidents, but only one of 
color? How these facts impact women? Forty-five Presidents, not one 
woman?

  So if it causes you some degree of consternation, just imagine what 
it does to people who happen to be women. Forty-five men, zero women.
  Now, let's take a look at the Senate. If not now, when? Let's look at 
the Senate. Total number of Senators in the United States of America. 
The total number is 1,944. 1,944 persons have had the honor, privilege, 
and pleasure of serving in the United States Senate. And it is a 
preeminent privilege, a superlative pleasure, and a splendiferous honor 
to serve in the United States Senate. 1,944 have had this great, 
singular honor.
  Number of men: 1,886. 1,944 total Senators. Total men: 1,886.
  Let's look at the number of men of color: 27. Number of women: 58. 
Number of White men: 1,857. The Senate has been around for over 200 
years. For over 200 years--in fact, more than 230 years--we can say 
that the Senate has been overwhelmingly White and overwhelmingly White 
men.
  There are some people who find it uncomfortable to hear these things 
said. Can you imagine how it must make these persons who have been 
excluded from the Senate, can you imagine how they feel? Can you 
imagine what they think when they would want to know that their 
children could have served in the Senate or had the opportunities that 
others have had? Yes, these are opportunities that have been denied 
some people.
  I love my country. It means something to me to be an American. I 
believe that we ought to have liberty and justice for all. That is why 
I do all that I can to make it real. I want to make real the great and 
noble American ideals, government of the people, by the people, and for 
the people. That has got to include all of the people. All persons are 
created equal. That has got to include all persons.
  Number of men: 1,886.
  Now, the Senate of the United States of America is the institution 
that confirms persons who will be on the Supreme Court. So for over 200 
years, we have had White men making the nominations--Presidents, 
remember 45, White men for the most part; one, Barack Obama, a recent 
addition to the august club--White men have been nominating. And White 
men have been nominating other White men. White men nominating other 
White men. 1,886 White men confirming other White men.
  This is Black History Month. If not now, when will we tell the truth 
about what is going on?
  Let's now look at the Supreme Court itself. The Supreme Court, the 
highest court in the land. First assembled in 1790, more than 200 years 
ago, more than 230 years ago, more than 232 years ago, 233-plus some 
months to be exact. Since this date when the Court was first assembled, 
we have had a total number of 115 justices. On the first court there 
were 6. Total number of 115 justices. The number of men: 110. 110 men. 
Number of women: 5. Number of Black women: Zero. 230-plus years, 115 
persons nominated and approved to the Supreme Court, 110 of them men. 
Number of women: 5. Number of Black women: Zero.
  If not now, when? When? We have had 200-plus years to appoint an 
African-American female to the Court. If not now, when?
  Well, Congressman Green, Black women haven't been qualified. Really? 
If you believe that, there is nothing wrong with Congressman Green, 
there is something wrong with you.

                              {time}  1430

  Over this period of time, we have had 40 persons to serve on the 
Supreme Court who haven't been lawyers; 40 nonlawyers. Over this period 
of time, we have had justices who had no undergraduate degree; 5 no 
undergraduate degree; 40 not lawyers.
  The rules apply as they are applied, and the rules have been 
flexible. By the way, there is no requirement that you be a lawyer to 
serve on the Supreme Court of the United States of America.
  Mr. Speaker, 40 nonlawyers, 5 persons with no degree at all; yet, not 
one Black woman on the Supreme Court. There are people who don't want 
this subject embraced. They don't want it discussed because they would 
like to kind of see this happen, somehow it just occurs and everybody 
lives happily ever after.
  A lot of suffering has taken place to get to this point, and we ought 
not allow the truth about the consequences of being Black to escape us. 
It is just true that color has been a barrier to some people being on 
the Supreme Court--zero Black women, 115 Justices.
  If not now, when? When will we have a President who has the courage 
to do what should have been done many years ago. I thank God for 
President Biden, a man of his word and a man of courage. Courage makes 
the difference.
  There were great orators when Dr. King lived. There were persons who 
understood the issues as well as, and some who understood the issues 
better than Dr. King. What separated Dr. King from his contemporaries 
was his courage. He had the courage to do what others were afraid to 
do. They wouldn't speak up. They wouldn't speak out. Because they knew 
there were consequences for speaking up and speaking out. But Dr. King 
had the courage to look faith in the eye and say, I will do that which 
others could do, and some might even do better, but I will do it. He 
had the courage. So did John Lewis.

[[Page H1105]]

It was courage. This separates those who can do yet don't do from those 
who get things done.
  President Biden made a commitment. President Biden is honoring his 
commitment. Others have appointed persons to the Court because of who 
they were. This woman who will be appointed is not going to be a person 
without credentials. She will be a person who is prepared. She will be 
a person who is going to serve us well, and she will be a person who 
will make a difference on a court that over 200 years has had 115 
Justices, not one of them a Black woman; 115 Justices and not one a 
Black woman over some 230-plus years. If not now, when?
  Now is the time. President Biden is the person, and we are the people 
who ought to want to see it happen. I don't have a candidate that I am 
pushing. I refuse to push a candidate, but I don't refuse to tell the 
truth about the circumstances that exists.
  Mr. Speaker, just to make things perspicuously clear:
  First assembled, 1790, Supreme Court.
  Number of Justices on the first court, 6.
  Total number of Justices since 1790, 115.
  Total number of men, 110.
  Five women, not one Black woman.
  And let us not forget that the Senate of the United States of America 
has had a total of 1,944 persons, and 1,886 of them have been men; 45 
Presidents, not one woman.
  What we have here is the definition of the good old boys club. The 
good old boys. White men who took care of other White men in the sense 
that they were supporting each other. White men were nominating, White 
men were approving, and White men got the job. This is the good old 
boys club. But we are breaking up the good old boys club. Diversity is 
breaking up the good old boys club. And many of the good old boys are 
not happy. They like things the way they were when their club was 
exclusively White and male.
  I don't support the good old boys club. I am a free man, unbought, 
unbossed, and unafraid. Speak truth to power and about power. This is 
about power. This is about the good old boys club that has had its own 
form of affirmative action, exclusionary affirmative action. Over 200 
years of excluding, and you want to now complain that there is a 
possibility that one Black woman may be on the Court? And it upsets a 
good many persons to know that a Black woman may be on the Court.
  Mr. Speaker, 230-plus years. If not now, when? And if not this 
President, which President? I love my country. I believe that change is 
that which we bring about. Yes, the arc of the moral universe bends 
toward justice, as Dr. King put it, but it bends toward justice because 
we put our hand on the arc of the moral universe and we use our 
strength and our might and our willpower to bend it toward justice. Not 
just for some, but for all. We, the people, includes all of the people.
  Mr. Speaker, I look forward to seeing this great day when there will 
be the first African-American female on the Court, and I assure you 
that I will never forget the President who made it happen. If not now, 
when?
  Mr. Speaker, I yield back the balance of my time.

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