Delay the Vote & Support Victims

RLD Family,

I shared this as a letter to the membership of the Gwen S. Cherry Black Women Lawyers Association.

I share this with you, because we are in a pivotal moment in our country.

Statistically, we are all either survivors of sexual abuse or close to someone who is.  Be kind to each other. But even more important, take action.

STATEMENT ON JUDGE BRETT KAVANAUGH CONFIRMATION PROCEEDINGS many of you, I saw the testimony of Dr. Christine Blasey Ford and Judge Brett Kavanaugh yesterday.

It was a tough day.

I remember 27 years ago when another victim came forward— Anita Hill. She was lambasted as a political plant and trying to “hold a good black man down”. Her story was dismissed, with her name being shamed. We later discovered there was corroborating evidence of her statement that was withheld in order to assure the confirmation of Clarence Thomas.

Here we are again. Multiple women have come forward, with one testifying before the Senate Judiciary Committee. Dr. Ford reminded me of so many victims I worked with as a prosecutor— frightened, embarrassed, yet determined to tell her story.

But what is different than a criminal trial is that Dr. Ford was not facing a jury of her peers. She was facing a group of mostly older white men, who wished for her to disappear.

To be clear, GSCBWLA is nonpartisan. But we stand for justice and the rule of law. We join the American Bar Association in calling for the FBI to conduct a full investigation to ensure that the same mistakes made with Anita Hill are not repeated. This is the highest judicial office in the land, with the ability to change the country for decades to come. It can’t be rushed; it must be gotten right. I have to note that while there were intellectual disagreements about the viewpoints of Justice Neil Gorsuch, not one person came forward to question his integrity or decency. The same applies to every other sitting justice, with the exception of Justice Thomas.

Lastly, but most importantly, I must address those brave individuals — male and female — who have survived sexual assault or abuse. We stand with you. We believe you. Please practice self care, because the pain of watching the news this week can trigger the past and be emotionally damaging. Seek professional counseling if you need it. The Florida Bar has resources; if you attended the WLOC Summit, one of our presenters, Dr. Delvena Thomas, specializes in emotional trauma

Every 98 seconds, an American is sexually assaulted. Every 8 minutes, that victim is a child. 6 of every 1000 offenders go to prison. 2 out of 3 sex assaults go unreported. 

These numbers are a reminder why we need to lift up victims, and end the cycle of rape culture.

If you want to take action, call Senator Marco Rubio (or the Senator in your home jurisdiction) and tell him to delay the confirmation at 202-224-3121.

Additionally, you can volunteer at a domestic violence or rape crisis shelter to provide help to women in need.

The takeaway for me is that more women need to run for office – especially the Senate – to end the chokehold of the old boys club. We have miles to go on the topic of sexual assault in America. But nothing is impossible – every journey starts with a single step.

In solidarity,

Melba V. Pearson, Esq.
Gwen S. Cherry Black Women Lawyers Association


I am not ashamed to say it. I am a product of affirmative action.

Was I slow? Have trouble learning? Issues adapting to my environment?

Absolutely not.

My grades were certainly competitive enough to get me from high school to undergraduate to law school. I went on to pass the bar exam, have a long career as a prosecutor, teach, and hold leadership positions in various community as well as national organizations.

My profile is far from unusual. Affirmative action may aid one in getting in; but one has to perform to stay in. But to lump all students of one race into the category of being “slow learners” because entered a university based on a more broad based criteria is shockingly ignorant. That appears to be the thrust of your statement “There are those who contend that it does not benefit African-Americans to get them into the University of Texas where they do not do well, as opposed to having them go to a less-advanced school, a less — a slower-track school where they do well”. There is a misconception that affirmative action scrapes the bottom of the barrel of African-American students in order to preserve diversity. That is not the case; all the African-American students I know were able to compete as well as or exceed their white counterparts. The test is a long term one – whether or not the student succeeds academically, graduates, and what they do afterwards.

Painting minority students with a broad stroke because one believes they “shouldn’t have been admitted” ignores the long history that resulted in affirmative action in the first place. There was a time in this country that no matter how good your grades were as an African-American, you could not enter a mainstream university. Affirmative action was designed to make sure the playing field was leveled. Affirmative action is designed to make sure that institutions have diversity in their midst, and to assure equal education for all races. Separate but equal was not equality, as set forth by your learned predecessors on the Supreme Court during the case of Brown vs. Board of Education of Topeka. Your comments seem to indicate you wish to return to a time that your predecessors found to be abhorrent. Affirmative action was designed to combat institutional racism; it keeps universities honest. Without affirmative action, unless there will be a way to closely monitor and examine each universities admission policies to assure quality, there is no way to guarantee that qualified African-Americans would be admitted. With the recent unrest on the University of Missouri campus, as well as other campuses, what if colleges, under the proposed removal of affirmative action, decide that they would always take the qualified white student over the qualified black student? What if they decide that varying opinions are too troublesome, and decide to create a homogeneous campus? This is a true concern, and happened in this country for decades — which is why affirmative-action needs to stay in place.

The comments made during this case smack of prior theories that have long been debunked about African-Americans and intelligence such as the bell curve theory. In school, I witnessed white students as well as African-American students who could not cope with the stresses of the environment. Competition brings out the best and the worst in people. Some succeed, others don’t. No race has the monopoly on the ability to succeed. And white students complaining that a “good white candidate” was denied an opportunity because of affirmative action forgets one basic fact — maybe the white candidate was denied entry because he or she did not meet the entrance requirements period! Do white students begrudge the white athlete who has barely a 2.0 grade point average but possesses a gifted throwing arm thus making him able to be a quarterback on the football team? No one questions that, but it’s an example of someone who may not be qualified for an elite school being admitted because the school has a need. This worst-case scenario pales in comparison to affirmative action, where the African American students in question are qualified — but occurs daily across the country. The performance metric should be the determining factor as to whether or not African-Americans can succeed in higher education, not an outdated notion that has proven to be false.

The only great equalizers that force young people to interact with other races is school, and the military. Through diversity on the college campus, students learn to interact with each other and people of different races. I dare say it’s the microcosm on which our society is based. Reducing institutions to “lily white” experiences does both students and society a severe injustice. Schools need diversity; of ideas, of races, of religions. This is how we will be stronger as a nation – with tolerance, understanding and success for all.  


Melba Pearson is an attorney, writer, speaker, wife and the Resident Legal Diva. Follow her on Twitter @ResLegalDiva. She is also the President of the National Black Prosecutors Association. Learn more at