Well, Wednesday’s Vice Presidential debate was more civil than the top-of-the-card match last week. It offered a more substantive comparison of positions, with the candidates on both sides looking mature, reasonable, and even presidential. That may be a good thing considering that the the President and his challenger are 74 and 77 years old, respectively. But the debate also gained attention for another historic reason. It was only the fourth time a woman has been on the Commission’s debate stage, and it was the first time for a woman of color.
Many commentators, and many who live the experience, say that at this intersection of gender and race, there are some unique demands. Black women have to walk a fine line, needing to be hard-charging enough to show that they belong in the forum, but not so aggressive that they risk falling into the “angry Black woman” stereotype. In a recent Washington Post analysis, Eugene Scott looks at some reasons for thinking that these expectations are not just relics of the past. Shortly after California Senator Kamala Harris was added to the Democrat ticket, the President called her “angry,” “extraordinarily nasty” and “the meanest” and “the most horrible” over her role in questioning of Supreme Court nominee Brett Kavanaugh. That, unfortunately, speaks to what Black female courtroom lawyers — something Kamala Harris once was — need to navigate every day. In this post, I will take a look at that challenge and share a few thoughts on how Harris did in addressing it.
The Bind
Race and gender on their own are powerful factors in communication, but for Black women, the intersectionality sets up some daunting expectations. In an opinion piece for NBC News, Wesleyan University sociology professor Robyn Autry explains the challenge:
“While there’s some overlap, women of color are stereotyped differently from white women. While Harris is praised as a ‘gifted cross-examiner’ who’s been known to fluster Trump allies, as with so many Black women her facial expressions, tone and body language are likely to be used to paint her as hostile and aggressive. Former first lady Michelle Obama is no stranger to this treatment, and neither am I, nor is any other Black woman working in predominantly white spaces.”
One of those predominantly white spaces is still the courtroom. At present, less than three percent of American attorneys are Black females. Those who do practice successfully in the legal arena, often do so by threading that needle of being aggressive enough but not too aggressive.
The Adaptation
Of course, it shouldn’t matter. The advice really should be, “Just go be a fierce advocate in a way that is comfortable and consistent with your own style.” But unfortunately, we can’t wish away the implicit expectations of the audience. Adaptation is necessary. There are two skills that Kamala Harris put to use in yesterday’s debate that are important to consider.
Keep It Positive:
With the present debate practice of being on camera at all times, Senator Harris knew her nonverbal communication would be front and center. So we see her smiling nearly all of the time. She is pleasant even when being attacked. In fact, her grin would widen in the face of the wilder accusations (i.e. Vice President Pence’s claim that she and her running mate want to ban oil and gas and raise taxes on blue-collar workers).
That positivity, is something that black women need to bring to the courtroom as well. In an article in Law.com, McCarter & English attorney Moy Ogilvie speaks about being assumed to be the court reporter when she walks into a deposition, and noting, “You don’t have time to get angry.” She continues, “I would tell any Black attorney to be confident in who they are, in the education they received and know that they are prepared for the job they’d been hired to do.”
But Hold Your Ground
Keeping it positive doesn’t mean being rolled over. One of the memorable lines from the debate was Kamala Harris repeatedly saying, “Mr. Vice President, I’m speaking,” whenever Mike Pence would interrupt and talk over her. “I am speaking,” she would say with a smile, as if he wasn’t aware and mistakenly thought he had the floor. Ms. Harris was not always successful with this tactic. Sometimes, like his running mate, Mr. Pence would simply keep talking. But in several memorable instances she was able to hold her ground, momentarily silence the Vice President, and finish her point. She also very effectively got in some strong punches, for example, focusing in her first sentence on the pandemic’s toll on lives and the economy as the “greatest failure of any presidential administration in the history of our country.”
In the courtroom, holding your ground is essential for every attorney, but uniquely so for the Black female attorney. Holding ground is also a challenge for the legal profession. An ABA study over the summer showing that 70 percent of minority female attorneys leave or consider leaving the practice of law. So it cannot be just a matter of waiting for society to change. It is also a matter of working to change society by adding more and more positive examples, and supporting those examples so they stay and succeed.
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Image credit: Gage Skidmore, Flickr Creative Commons
