"With the Senate confirmation of Judge D. Brooks Smith, the Senate sent an alarming message to American women. They have promoted a jurist with both a professional and personal record of hostility to women's issues, including the "Violence Against Women Act" (VAWA). The Senate's willingness to overlook Judge Smith's opposition to VAWA is most troubling and clearly inconsistent with its bi-partisan praise and support of VAWA as an effective tool in the fight against domestic violence.

"We are dismayed that the Senate would confirm someone who failed to adhere to his own representation to the Senate Judiciary Committee by maintaining membership for 11 years in a club that discriminates against women. His membership in this discriminatory group, which runs contrary to judicial standards, should have disqualified him from the seat on the appellate court. As Jews, we are all too aware of the impact of exclusionary policies by clubs and other private institutions. Fortunately, the Senate has acted to repudiate this kind of discrimination in the past. Its tolerance of gender discrimination, in this case, is inexplicable and deeply disturbing."