According to Eugene Volokh’s column The Volokh Conspiracy in The Washington Post, a Rhode Island Democrat has proposed a bill that is as racist as they come.

Here’s the wording of legislator Anastasia P. Williams’ H5302 judicial selection bill:

[W]henever a judge from the superior court, family court, district court, traffic tribunal, workers' compensation court or municipal court who is a person of color leaves the bench, for whatever reason, their replacement must be a person of color, so as not to diminish the number of judges of color in that court.

As Volokh notes, “such a rigid racial allotment would be a pretty clear violation of the Equal Protection Clause.” But also, the Rhode Island Constitution makes it pretty clear that this would be a direct violation:

No otherwise qualified person shall, solely by reason of race, gender or handicap be subject to discrimination by the state, its agents or any person or entity doing business with the state.

Clearly, a bill like this is putting race above qualifications and that’s in conflict with state law. That this could even be taken seriously to begin with says a lot. 

Can you imagine the outcry if it read, "Whenever any white judge leaves the bench, for whatever reason, their replacement must be white, so as not to diminish the number of white judges in that court?"

Heads would roll. Let's hope this anti-American bill dies a quick death.