ConfirmThem

Posted at 1:13pm on Oct. 24, 2007 Fifth Circuit Nominee Confirmed

By AndrewHyman

Results here, courtesy of our commenters.

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Posted at 3:51pm on Oct. 20, 2007 Southwick Showdown Next Week

By Curt Levey

Late Friday, Sen. Reid announced his intent to bring Judge Leslie Southwick's nomination to the floor for a vote this coming week (probably mid-week). The inevitable vote on cloture will be close, and multiple closure votes may be necessary, but I believe it’s likely Southwick will be confirmed.

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Posted at 3:02pm on Oct. 17, 2007 Southwick News

By AndrewHyman

The White House stated on October 16:

[A]s the full Senate prepares to vote on his nomination, we encourage all members of the Senate to swiftly confirm Judge Southwick. He is a highly respected attorney with an extensive record of public service as a judge and military officer.

On October 12, Senator Cornyn of Texas made a related statement, titled: "Attack On Southwick Latest in Dangerous Game Played With Reputations of Honorable Public Servants." On October 15, the New York Times had a blog post up, about Southwick:

He accepted the white worker’s claim that her use of the slur was “not motivated out of racial hatred or animosity directed toward her co-worker or toward blacks in general.”

On October 16, Ed Whelan had a reply to the New York Times at Bench Memos. Here is what Southwick actually said (or rather what he concurred in saying), with the quote placed into the context that the New York Times omitted:

Richmond...presented proof that her remark, though undoubtedly ill-advised and indicative of a rather remarkable insensitivity on her part, was not motivated out of racial hatred or racial animosity directed toward her co-worker or toward blacks in general....[T]he recipient of the remark [was] justifiably angered....The unwarranted use by a state employee of any inflammatory or derogatory term when referring to or directly addressing a co-worker is an action that cannot be justified by any argument. When such an incident occurs, it is incumbent upon the employing agency to deal with it in an appropriate manner.

This opinion that Judge Southwick joined never suggested that no penalty should be imposed for the slur. On the contrary, Judge Southwick voted to allow the state to "do what they feel like they have got to do" regarding penalizing the white employee short of the "ultimate sanction of loss of employment." The Mississippi Supreme Court later suggested that the state could "make detailed findings on the record why no penalty should be imposed," whereas Southwick's lower court never remotely suggested that no penalty should be imposed.

Here is what Judge Southwick said earlier this year about that opinion involving the N-word:

Captured in this one terrible word is a long, dark, sad chapter in our history. This racial slur is unique in its impact and painful to hear for many, including myself. I said at my hearing that this is the worst of all racial slurs. Its use is despicable. All people of good will should make their rejection of the word clear. The opinion had an opportunity to express more fully and accurately the complete disgust that should greet the use of this word. Such a statement would certainly be consistent with my own beliefs that this is the worst kind of insult. As I testified, everyone took this issue extraordinarily seriously. I regret that the failure to express in more depth our repugnance of the use of this phrase has now led to an impression that we did not approach this case with sufficient gravity and understanding of the impact of this word.

Very well said.

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Posted at 10:23pm on Oct. 4, 2007 Elrod Confirmed

By AndrewHyman

Congratulations to Jennifer Elrod, confirmed today to the Fifth Circuit Court of Appeals.

Ten more circuit court confirmations to go, before equalling the number confirmed during the Clinton administration (when Clinton's party was in the Senate minority for 6 of 8 years). Let's have a vote on Judge Southwick, please.

UPDATE: Beldar approves of Elrod. Latest info on Southwick is here, and below the fold is the full text of Senator Feinstein's statement about the Southwick nomination on August 2, 2007.

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Posted at 1:27pm on Oct. 2, 2007 Southwick Vote Later This Week?

By AndrewHyman

Senate Majority Leader Reid speaking yesterday:

Once action on DOD authorization has been concluded, it is my intention to have the Senate consider the DOD appropriations bill, to be followed by the consideration of Commerce-Justice-Science. Then we have a circuit court judge and several district court judges we plan on working on this week.

Thanks to Olly for the link. Senator Reid may be referring to Judge Southwick, and/or to Judge Elrod, both of whom have cleared committee. Sen. Reid promised months ago to schedule a vote on Southwick:

Today the Senate Judiciary Committee concluded its review of the nomination of Judge Leslie Southwick to the Fifth Circuit Court of Appeals, and by a narrow margin favorably reported the nomination to the full Senate. I will schedule a debate and vote on the Senate floor. However, I remain strongly opposed to this nomination.

If such a vote is not scheduled by the Senate leadership, then my understanding is that any senator can call for a vote on Southwick at any time, because he's already been reported out of committee. Here's what the Congressional Research Service says:

Since 1980, the Senate precedent has been established that when the Senate is in legislative session, a non-debatable motion may be made to go into executive session to take up a specified nomination . . . .

Anyway, maybe Sen. Reid will schedule a vote on Southwick for later this week.

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Posted at 10:50pm on Sep. 5, 2007 Southwick Press Conference

By Curt Levey

This afternoon, upon returning to Washington from August recess, Senators Specter and Hatch held a press conference in support of Leslie Southwick’s nomination. They were joined by the principals of various organizations involved in the judges fight. In addition to the senators, a few principals spoke, as did Jim Warner, an attorney and Vietnam veteran with 2 Purple Hearts. Here are a few excerpts of the participants’ remarks:

It is a struggle . . . But I think that with sufficient enthusiasm, and candidly, with sufficient pressure, we will get Judge Southwick confirmed. – Sen. Arlen Specter

We hear a lot talk in Washington these days about how the justice system is supposedly being politicized. If those Senators who protest about this most loudly are sincere they should put their votes where their mouths are and support Judge Southwick’s nomination. What could be more politicizing than the demand that a judge must rule for certain parties or promote certain political interests in their decisions? That’s what Judge Southwick’s opponents are demanding. – Sen. Orrin Hatch

I think that this is a bad way to treat a fellow veteran. It's the same people who treated us badly when we came back from Vietnam. And I ask them to put aside their bias against veterans, and support the nomination of Judge Southwick. – Jim Warner

Video of the senators’ remarks are available here.

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Posted at 1:15am on Aug. 29, 2007 Washington Times Agrees With Washington Post

By AndrewHyman

Not a huge surprise here, but on Tuesday the Washington Times calls for confirmation of Judge Southwick, thus joining the Washington Post.

Not that there aren't other Washington newspapers, of course. And not that the newspapers in the rest of the country don't matter. But it does say something when the Washington Times and the Washington Post agree.

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Posted at 1:06am on Aug. 21, 2007 Unjust Aron

By AndrewHyman

Nan Aron has a column in the Washington Post on Tuesday targeting the Southwick nomination yet again. Here's a snippet:

How about Annie Cannon? It was years before doctors determined that toxic chemicals at work caused her debilitating illnesses. No matter. Echoing the reasoning of the Roberts court's controversial decision that denied Alabama worker Lilly Ledbetter equal pay, Southwick authored a dissent saying that Cannon should be barred by the statute of limitations from bringing suit for her damages.

The case is Cannon v. Mid-South X-Ray Co. (738 So. 2d 274 (Miss. App. Ct. 1999)). I haven't studied the case in great detail yet, but one thing is obvious right off the bat: Aron is making a pure appeal to emotion, as if it's irrelevant what the statute of limitations actually says. Of course, if the statute of limitations says that it runs from the onset of a condition, rather than from the discovery of the condition's cause, then Southwick would obviously have been correct to dissent.

Judges follow laws, and they follow higher courts. Judges aren't free agents, nor should they be. If the statute of limitations is unfair to people like Annie Cannon, then Aron ought to take it up with the legislature rather than with the judges. Likewise, if the statute is ambiguous, but the Mississippi Supreme Court had specifically rejected the interpretation that Southwick's court adopted, then Southwick would have been correct to dissent. I hope the Senate will spurn the kind of simplistic emotionalism that Aron would adopt in place of the law.

UPDATE: Ed Whelan has responded in greater detail to Aron's piece, and thus saved me a lot of time. I fully agree with everything Ed says here and here and then here about this matter. Thanks Ed.

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Posted at 11:03am on Aug. 18, 2007 Washington Post: Southwick is Qualified

By AndrewHyman

WaPo has an editorial today endorsing confirmation of Judge Southwick. That conclusion is sound, though some of the reasoning is a bit wacky. For example, the Post has decided that everyone who is non-white is African-American:

Only 1 of 19 sitting judges on the 5th Circuit is African American, even though the three states forming that federal appeals court -- Texas, Louisiana and Mississippi -- have between 30 percent and 40 percent non-white residents, according to the 2000 Census.

The Post also gets many of the details wrong about the Richmond case. As previously discussed here at confirmthem, the Mississippi Supreme Court sent the case back to an appeals board instead of to the employing agency, in order for the appeals board to decide whether the employee should suffer some consequences for the offensive remark. The Post seems to think that the Mississippi Supreme Court decided that issue of whether there should be consequences. Judge Southwick would have returned that issue to the employing agency. Anyway, I suppose the Post's editorial is better than nothing.

Hat Tip: Bench Memos.

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Posted at 9:20am on Aug. 12, 2007 Obama Just Another Liberal on a Leash

By Curt Levey

In today’s Washington Post, George Will takes Barack Obama to task for being “just another liberal on a leash” when it comes to the nomination of Judge Leslie Southwick. Will had hoped that Obama’s candidacy “might bring down the curtain on the long-running and intensely boring melodrama ‘Forever Selma,’ starring Jesse Jackson and Al Sharpton.” Instead, Obama pandered to Democratic primary voters by accusing Southwick of the Jackson / Sharpton crowd’s favorite charge – insensitivity to minorities.

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Posted at 10:13am on Aug. 3, 2007 Opinion and News from Mississippi

By AndrewHyman

From a Clarion Ledger op/ed titled, "Southwick: Judicial principle worth fighting for":

Further, he [Leahy] outrageously suggested the White House nominate U.S. District Judge Henry Wingate. Mind you, Wingate could very well make an outstanding appellate court judge, but that's not the issue.

Whether Republican or Democrat, it is the constitutional duty of a president to nominate judges. It is the duty of the Senate to review the nominations and, based on fitness for the job, confirm the appointment.

It is not the Senate's duty to nominate judges!

Suggesting nominees is fine, but using coercion is another matter. The Clarion Ledger also has a news report today, titled "Southwick nomination cleared for final vote; Fate of former Miss. judge in hands of full Senate after bold Feinstein move." I'll just quote one small piece that seems pertinent in view of some of the rumors swirling about:

Cochran said Feinstein did not ask for anything in return for her vote, deciding to support the nominee after meeting with him and assessing his character.

I expect Southwick will very likely be confirmed, and will then become a judge who consistently decides cases as the left-wing special interest groups would like him to whenever the law so requires, and will consistently decide cases as the right-wing special interest groups would like him to whenever the law so requires, and will otherwise be fair, impartial, and respectful of the other branches of government.

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Posted at 7:08pm on Aug. 2, 2007 A Victory for Fairness

By AndrewHyman

Justice was done in the Judiciary Committee today. Among those who made it happen are Senators Feinstein, McConnell and Specter. A nominee with a spotless record of integrity and professionalism will now be considered by the full Senate. That's the way the system is supposed to work. This President and his GOP predecessor have appointed just as many African Americans to the U.S. circuit courts as President Clinton did, and twice as many as were appointed from 1776 to 1976. That is a record to be proud of. I hope Congress will raise judicial salaries so that there are more qualified minority nominees willing to endure the Senate hazing and the hard work of being a federal judge.

I don't have Senator Feinstein's brave statement yet, but we'll post it when we get it. (UPDATE: Better than a transcript, you can watch the proceedings starting at 1:23:00.) Here is a statement from Senator McConnell:

With today’s vote to send Judge Southwick’s nomination to the Fifth Circuit Court of Appeals to the full Senate, the Judiciary Committee took a step forward in ensuring we are able to confirm qualified judges to our nation’s courts. Judge Southwick is an outstanding jurist, and a bi-partisan majority judged him on his record of service.

Judge Southwick, an Iraq war veteran, is superbly fit to continue serving his country, this time on the Fifth Circuit. His colleagues know this, as do his home-state senators. The American Bar Association knows this; it has twice given him its highest rating, ‘well-qualified.’ Even Democrats on the Judiciary Committee know this; just last fall all of them—again, all of them—looked at his record and approved him for a lifetime position on the federal bench. With today’s bi-partisan committee vote for Judge Southwick’s nomination, the full Senate should now move forward to his consideration on the Senate floor.

Here is a statement from the White House:

The President is pleased that Judge Leslie Southwick will soon receive a fair up or down vote by the full Senate. Today's bipartisan vote of support by the Senate Judiciary Committee is a refreshing victory for America's judicial system.

Leslie Southwick has proven to be an excellent judge and a man of great integrity. In addition to receiving the American Bar Association's highest possible rating, Judge Southwick is widely respected for his sound legal mind and extensive experience in both the public and private sector. After serving for over a decade on the Mississippi Court of Appeals and recently as a member of Mississippi National Guard's 155th Brigade Combat Team in Iraq, he has demonstrated his clear commitment to serving the people of Mississippi and our Nation. When confirmed, Judge Southwick will serve on the Fifth Circuit Court of Appeals with distinction.

Further statements are below the fold.

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Posted at 4:14pm on Aug. 2, 2007 Victory

By Curt Levey

Dianne Feinstein just announced that she will vote for Judge Southwick in committee, and – after some whining by Sens. Durbin and Kennedy – the nominee was reported out 10-9 with a positive recommendation.

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Posted at 4:11pm on Aug. 2, 2007 Feinstein Saves Southwick!! ????

By Quin

Not to jump the gun, but it certainly appears as if Dianne Feinstein is going to vote in favor of Southwick. Go to C-Span 3 (http://www.c-span.org/watch/cs_cspan3_wm.asp?Cat=TV&Code=CS3) to watch. She is making quite a lengthy statement right now.

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Posted at 3:08pm on Aug. 2, 2007 GOP Contenders Go 4 for 4 on Southwick

By Curt Levey

Mitt Romney spoke out today on the obstruction of Judge Leslie Southwick. In the last 24 hours, all four of the major GOP presidential contenders have condemned the Democrats’ shameful behavior in the Southwick affair. If you’re aware of other Republican contenders who have also addressed the subject, please let us know.

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Posted at 10:21am on Aug. 2, 2007 Southwick Resolution Tests Red State Democrats

By Curt Levey

The Committee for Justice issued a press release today in which I noted that yesterday’s Sense of the Senate Resolution is a good strategy because, while “all the Democrats on the Judiciary Committee are from blue states and thus free to engage in partisan battles,” on the Senate floor, “20 of the Democratic senators are from states that voted for George Bush in 2004.”

Below the fold is the full press release.

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Posted at 9:08pm on Aug. 1, 2007 Thompson on Southwick

By AndrewHyman

Former Senator and likely POTUS candidate Fred Thompson is calling for confirmation of Judge Southwick. "His opponents do not question Judge Southwick’s qualifications to sit on the federal appeals court. Indeed, they cannot.... rather than assail Judge Southwick’s legal competency, Senate Democrats, led primarily by Sen. Dick Durbin (D-IL), are instead attacking Judge Southwick’s character." Well said.

Hat Tip: Eugene Volokh.

UPDATE: The Giuliani campaign has issued this statement: "Judge Leslie Southwick is a distinguished and qualified candidate with a long record of service to his country who deserves an up or down vote. It is disgraceful that Democrats in the Senate have abdicated their Constitutional responsibilities to give judicial nominees an up or down vote on the full Senate floor. Rudy Giuliani will press the Senate for reforms to ensure that the nominations of qualified jurists are not left to linger by partisan Senators who are willing to compromise the courts for the sake of political posturing."

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Posted at 7:28pm on Aug. 1, 2007 McCain on Southwick

By Curt Levey

Sen. John McCain wrote to Judiciary Chairman Patrick Leahy today asking that he “provide Judge Southwick, a courageous Iraq war veteran and dedicated public servant, fair consideration and a vote to move his nomination to the floor of the Senate.” Given Sen. McCain’s status as a war hero, presidential candidate, and Ranking Member of the Armed Services Committee, this letter is an important development in the fight to get Judge Southwick confirmed.

To the best of my knowledge, this is the first time one of the Republican presidential candidates has addressed the Southwick nomination. I hope more of them will do so in the near future. Democratic contender Barack Obama is already on record as opposing Southwick’s confirmation.

The full text of McCain’s letter is below the fold.

UPDATE (Aug. 1): I didn’t have to wait long to have my hopes fulfilled. Thanks to Andrew Hyman for reporting on the pro-Southwick statements made by Fred Thompson and the Giuliani campaign late today.

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Posted at 12:17pm on Aug. 1, 2007 Wednesday Southwick Developments

By AndrewHyman

Ed Morrissey at the blog Captain's Quarters has a post today titled, "McConnell To Force Consideration Of Southwick" (with two updates so far).

The Senate Judiciary Committee web site shows Judge Southwick on the Thursday agenda.

One of our commenters (cubsfan) reports here and here about further developments, including introduction of a Sense of the Senate Resolution that says, "It is the sense of the Senate that the nomination of Judge Leslie Southwick to the United States Court of Appeals for the Fifth Circuit should receive a vote by the full Senate."

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Posted at 7:46pm on Jul. 31, 2007 Hatch Speech

By AndrewHyman

Below the fold is a speech that Senator Hatch gave yesterday in the Senate, about the Southwick nomination.

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Posted at 2:35pm on Jul. 31, 2007 The Tuesday Southwick Update

By AndrewHyman

Paul Mirengoff at Power Line: "If the Democrats don't change course, we can treat the Southwick affair as 'super-precedent.'"

National Review has an editorial today titled Character Test:

The battle over the nomination of longtime Mississippi judge Leslie H. Southwick to the U.S. Court of Appeals for the Fifth Circuit is a test of character — not of Judge Southwick’s character, which appears sterling by any measure, but of the character of Senate Democrats and Republicans....It is doubtful that there has ever been a weaker, more disgraceful case made against any lower-court nominee. Senate Republicans should muster the gumption to fight this vilification of an outstanding judge and an outstanding man.

There's an article in Human Events by Wendy Wright titled Will Dems Shun Southwick?

The Politico asks: GOP slowdown in Senate Judiciary Committee?

And finally, for now, Wonkette tastelessly jokes about the death of the Chief Justice. That was a very bad joke, and Wonkette now joins the likes of Ann Coulter whom we previously criticized for her bad joke about Justice Stevens.

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Posted at 3:21pm on Jul. 30, 2007 My Monday Blog Post (how 'bout that for a creative title?)

By AndrewHyman

Below the fold is an article by Stuart Taylor titled, Shortsighted on Judges. I'm putting it below the fold since it's unclear how long the link will be good. More links after the cartoon.

Senator Lott has an op/ed today titled "Partisan paralysis in Congress has many Americans disgusted", in the Clarion Ledger.

The Richmond Times Dispatch has an op/ed today titled "Vacancies."

Our own Quin Hillyer has a column in The Guardian today, titled "A judicial showdown; Why aren't Senate Republicans fighting to confirm the conservative judges that President Bush nominates?"

Paul Mirengoff at Power Line has a blog post following up on his previous one on Judge Southwick.

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Posted at 4:01pm on Jul. 29, 2007 McConnell Points Out a Double Standard

By AndrewHyman

Hat Tip: Bluey.

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Posted at 12:08am on Jul. 27, 2007 Please Pardon Me While I Attack a Self-Righteous Senator

By AndrewHyman

Regarding Fifth Circuit nominee Leslie Southwick, Illinois Senator Dick Durbin said the following yesterday: "The Mississippi Supreme Court unanimously reversed the majority opinion which Judge Southwick had signed his name to, ordering the case to be remanded to determine an appropriate punishment short of termination for the White employee [who used the n-word], Bonnie Richmond." That is false.

In the case of Richmond v. Mississippi Department of Human Services, the Mississippi Supreme Court actually remanded the case "for the imposition of a lesser penalty, or to make detailed findings on the record why no penalty should be imposed." In stark contrast to the Mississippi Supreme Court, the opinion that Judge Southwick signed never once suggested that no penalty would be imposed. On the contrary, Judge Southwick voted to affirm a decision which encouraged the agency that had fired the white employee "to reinstate her with back pay.... [and] do what they feel like they have got to do" regarding penalizing the white employee short of the "ultimate sanction of loss of employment". The Mississippi Supreme Court (which Durbin praises) suggested that perhaps no penalty should be imposed, whereas Southwick's court (which Durbin castigates) affirmed that the agency should take whatever action against the white employee that the agency deems appropriate short of termination (e.g. suspension, demotion, or reprimand).

Senator Cardin is just as misguided as Senator Durbin: “Judge Southwick was repeatedly asked about [the N-word case] and he refused to disavow himself from the highly offensive language and reasoning ... to which he put his name.” That is total, unadulterated BS. How on Earth could anyone say that the following language from Southwick's court is offensive?

By affirming the Employee Appeals Board in this case, we do not suggest that a public employee's use of racial slurs or other terms of opprobrium directed toward a co-worker is a matter beyond the authority of the employing agency to discipline. The unwarranted use by a state employee of any inflammatory or derogatory term when referring to or directly addressing a co-worker is an action that cannot be justified by any argument. When such an incident occurs, it is incumbent upon the employing agency to deal with it in an appropriate manner.

Does Senator Cardin also think that the Declaration of Independence and the Star Spangled Banner and the Universal Declaration of Human Rights and the Gettysburg Address are offensive?

Before these self-righteous Senators make further insinuations of racism against this nominee, they ought to glance ever-so-briefly at the context. The Bushes (George HW and George W) have nominated and appointed the same number of black Appeals Court judges as Bill Clinton did --- and twice as many as during the entire span from 1776 thru 1976. There's still much room for progress, but progress is being made. In contrast to that progress, these Senators' false racial accusations against Judge Southwick are as regressive as can be.

It's one thing for Senators to bottle nominees up in committee and never vote on them. It's quite another to falsely and repeatedly insinuate racial insensitivity. Charles Evers's words about the Pickering nomination are equally applicable to the Southwick nomination: “That’s all you gotta say in this country, a white man’s a racist, this white man hates black folks. Well, I could not let them destroy a white man just because he’s white, when I know different.”

It's one thing to disingenuously exaggerate some small financial impropriety of a nominee, as Senator Schumer acknowledged doing a few years ago ("Senators who oppose a nominee ... seek out non-ideological disqualifying factors, like small financial improprieties from long ago, to justify their opposition"). But it's quite another to manufacture a myth about a racist court decision that never occurred, as Senator Dick Durbin is doing now.

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Posted at 11:39pm on Jul. 26, 2007 July 26-27 Southwick News

By AndrewHyman

The Warlocks Of Southwick
Investor's Business Daily

Senate Dems slander a good man
Power Line

Iraq War Vet “Spit On” by Democrat Senators
Concerned Women for America

McConnell: We will continue to set the record straight on Judge Southwick.
RNLA Blog

Left smears war hero judicial nominee
By J. Matt Barber, WorldNetDaily

GOP's Specter lobbies for judge; "Open warfare" over Southwick threatened
Clarion Ledger (Mississippi)

Leahy's Black Judge Quota
By Amanda Carpenter, Townhall

The Nomination of Judge Leslie Southwick
Judicial Confirmation Network

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Posted at 2:17pm on Jul. 26, 2007 Roll Call on Southwick

By AndrewHyman

GOP Senate leaders are looking to re-enlist members of the bipartisan 'Gang of 14' to help break the impasse over the stalled appellate court nomination of Leslie Southwick, a move that has temporarily delayed Republican plans to make the appointee ground zero for a major Senate rematch over the federal bench.

Hat Tip: How Appealing.

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Posted at 12:08pm on Jul. 26, 2007 Southwick Debated in the Senate

By AndrewHyman

Sounds like Senator Specter will be holding a press conference any second now to defend Judge Southwick. See the post at Bench Memos for details.

Yesterday, Senators Durbin, Cornyn, and Specter discussed the Southwick nomination on the Senate floor. Their full remarks are below the fold. Senator Specter is demonstrating a Passion for Truth here. Good for him. Senator Cornyn also did a good job rebutting Durbin.

Judge Southwick's vote in Richmond v. Mississippi Department of Human Services still seems to be the main issue here. This is really crazy, because his vote in that case was perfectly reasonable. Judge Southwick said that the Mississippi Employee Appeals Board (EAB) was not arbitrary and capricious when it decided not to not fire a woman who used the n-word and then apologized for it. The EAB had decided "to reinstate her with back pay. The agency can do what they feel like they have got to do." So, the state agency that had tried to fire her was then been free to impose a lesser penalty than termination, for use of this very offensive word. News flash to Durbin: Southwick's decision allowed the state agency to suspend, reprimand, demote, and otherwise punish this person, and the Mississippi Supreme Court agreed with Southwick that the ultimate penalty of dismissal might be inappropriate here.

Anyway, the full remarks of these three Senators (from yesterday) are below the fold.

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Posted at 8:32pm on Jul. 25, 2007 Durbin v. Specter Re. Southwick

By AndrewHyman

The Congressional Record has a one-day time lag, so we'll have more tomorrow about the remarks on the Senate floor today by Senators Durbin and then Specter. According to one report: "Senator Specter disagreed with comments made earlier today by Senator Durbin against Judge Southwick's nomination. Senator Specter gave numerous examples of cases that demonstrate that Judge Southwick can be a fair voice for the law. Senator Specter said that the Senate should not hold up this nomination any further."

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Posted at 2:55pm on Jul. 21, 2007 Reid Speech

By AndrewHyman

Senator Reid made a speech on Friday about the Southwick nomination. The speech makes very clear that he opposes a floor vote for Judge Southwick because of the “N-word” case, Richmond v. Mississippi Department of Human Services. The lower court decision of the Court of Appeals is here. The Mississippi Supreme Court opinion is here. Senator Reid's position is unfounded.

Not one of the judges in this case argued that there should be no penalty for the public employee's use of the "N-word". This was not a case like Hardy v. Jefferson Community College, in which the Sixth U.S. Circuit Court of Appeals held that a public employee had a legal right to utter the "N-word."

The issue in the Mississippi case was how severe the penalty could be. Judges Southwick, Diaz, Thomas, Bridges, Coleman, Hinkebein, Pittman, Prather, Mills, and Waller believed that a lesser penalty (e.g. suspension, demotion, transfer, or reprimand) could be appropriate in the case, instead of firing the person who called a coworker a "good ol' nigger" (the coworker later accepted an apology). Judges King, Payne, Banks, Sullivan, and Smith believed that firing was the lawful outcome. Even if the latter were correct (which they were not), a legitimate disagreement in one court case out of thousands is no justification for denigrating a nominee.

This controversy is strange. There was a case a few years back in New York about a public employee named Leonard Jeffries who said some racist things, and he was demoted, not fired. People who say racist things are often penalized in ways that fall short of firing. What is wrong with that?

Earl Ofari Hutchinson had some wise words last year in an op/ed titled, "N-Word on Trial Again." He wrote:

[T]he cycle of crime and violence, hopelessness, desperation, that wracks some poor black communities has reached beyond those communities with deadly consequences. Failing inner city public schools, the near depression level unemployment among young black males, the more than 1 million blacks that pack America's jails, and the surging homelessness numbers, in which blacks make up a disproportionate share of, is more warning that the ills of the black poor are mounting. Yet, there are few impassioned panels, pulsating websites, marches and demonstrations by blacks demanding action on these crisis problems. Then again it's much easier and more fun to generate passion and heat over a word, than to generate passion and heat over real crisis problems. Putting the N-word on trial again won't change that.

In Richmond v. Mississippi Department of Human Services, Judge Southwick voted to restore the decision of the Employee Appeals Board (EAB), which was "to reinstate her with back pay. The agency can do what they feel like they have got to do." So, the agency would have then been free to impose a lesser penalty than termination.

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Posted at 1:05pm on Jul. 18, 2007 Specter Speech

By AndrewHyman

Below the fold is Senator Specter's speech of July 17 on the Southwick nomination, from the Congressional Record.

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