Sen. Orrin Hatch, chairman of the Senate Judiciary Committee, used his opening statement at the confirmation hearing of Janice Rogers Brown, President Bush’s nominee to the federal appeals court in Washington, D.C., to point to a cartoon on a Black Web site as an example of how far Brown’s opponents “will sink to smear a qualified African-American jurist who doesn’t parrot their ideology.”

The cartoon, drawn by Khalil Bendib, has George Bush saying, “Welcome to the Federal Bench Ms. Clarence…I mean, Ms. Rogers Brown. You’ll Fit Right in!” In the background are Clarence Thomas, Colin Powell and Condoleezza Rice applauding. The point that many miss is that cartoonist was not trying to draw Brown standing next to Bush but Clarence Thomas in drag, replete with a “fright wig,” to make the point that, if confirmed, Brown would be a female Clarence Thomas.

“I hope that everyone here considers this cartoon offensive and despicable; I certainly do,” Hatch said. “It appeared on a Web site called BlackCommentator.com.” Even Democrats who oppose Brown were quick to mimic Hatch’s concerns.

As the editor who put Clarence Thomas on the cover of “Emerge: Black America’s Newsmagazine” with an Aunt Jemima-style knot on his head, I am not about to criticize the cartoonist or Glen Ford, the editor who had the courage to publish the cartoon. Political cartoons are not supposed to be even-handed renderings of an issue or person. They are, by definition, withering and often humorous attacks.

I didn’t hear Hatch complain about the cartoons that made fun of Bill Clinton, everything from his public policies to his private life. I don’t think a cartoon made the rounds on the Internet any faster than the one of a rhyming baby girl with Jesse Jackson’s facial features. If presidents and civil rights leaders are not exempt, Janice Rogers Brown shouldn’t get preferential treatment.

It’s laughable that Hatch, who has one of the worst civil rights records in the United States Senate, wants to suddenly portray himself as a friend of African-Americans. The Utah senator is a friend of Right-wing extremists, regardless of their race. Hatch was correct when he said, “The fight over judicial appointments is about more than the dispute of the moment. It is about who should govern.”

As a board member of the Federalist Society, an organization formed with the intent of overpopulating every level of the legal system with conservatives, Hatch has made it clear that he wants the judiciary to become even more conservative. When he was in the minority during the Clinton years, Hatch was a key obstructionist on Capitol Hill, blocking Clinton nominees in hopes of getting a Republican successor who would then appoint judges more to his liking.

Sadly, the plan has worked. As Sen. Richard J. Durbin of Illinois observed, “To date we have confirmed 165 nominees, and held up just three. The score is 165-3. Republicans express outrage that three of Bush’s nominees have not received an ‘up or down’ vote on the Senate floor, yet 63 of President Clinton’s judicial nominees never even received consideration in the Judiciary Committee…These represent 20 percent of all of President Clinton’s judicial nominees. By contrast, the three nominees stopped by this Senate represent just 2 percent of Bush’s nominees.”

Republicans already dominate the federal judiciary. Seven of the nine Supreme Court justices were appointed by Republican presidents. Nine of the 13 federal circuit courts have a Republican majority, two others are dominated by Democrats, and two are equally divided. If George Bush is re-elected next year, there is a likelihood that by the time he leaves office, all 13 federal circuits will be controlled by Republican-appointed judges. Janice Rogers Brown is supposed to be part of that judicial hijacking.

According to Congresswoman Diane Watson of California: “This Bush nominee has such an atrocious civil rights record that Clarence Thomas would look like Thurgood Marshall in comparison.”

Sen. Patrick Leahy (D-Vt.), the ranking member of the Judiciary Committee, observed: “Because of her record, several organizations oppose Justice Brown’s confirmation, including the nation’s premier African-American bar association, the National Bar Association; its state counterpart, the California Association of Black Lawyers; the foremost national civil rights organization, the Leadership Conference on Civil Rights; and the entire membership of the Congressional Black Caucus, including the Delegate from the District of Columbia, the Honorable Eleanor Holmes Norton. Are these groups and individuals going to be accused of being anti-African American in the way Hispanic organizations and leaders were maligned during the debate on the Estrada nomination? Let us hope for better.”

It's already too late for that.