-Caveat Lector-
Begin forwarded message:
From: [EMAIL PROTECTED]
Date: June 6, 2007 3:23:19 PM PDT
To: [EMAIL PROTECTED]
Cc: [EMAIL PROTECTED], [EMAIL PROTECTED], [EMAIL PROTECTED]
Subject: Judge Cracker: Don't Y'all Expect No Cotton-Pickin'
JUSTICE from BUSH's Nominees
June 5, 2007
http://www.nytimes.com/2007/06/05/opinion/05tue1.html?
_r=1&oref=slogin&pagewanted=print
An Unacceptable Nominee
President Bush’s latest appeals court nominee, Leslie Southwick,
has a disturbing history of insensitivity to blacks and other
minority groups. The Senate should reject this nomination and make
clear to the White House that it will reject all future nominees
who do not meet the high standards of fairness that are essential
for such important posts.
A non-negotiable quality for judicial nominees is that they must be
committed to equal justice. Judge Southwick, whom President Bush
has nominated for a seat on the New Orleans-based United States
Court of Appeals for the Fifth Circuit, repeatedly failed this test
as a Mississippi state court judge.
He clearly failed the test when he ruled in favor of a social
worker who was rightfully fired for calling a black colleague “a
good ole nigger.”
Judge Southwick is known for siding with employers over employees —
but not in this case. In his ruling, he revealed a thorough lack of
understanding of the odious impact of such language when he
accepted the social worker’s claim that the use of the slur was
“not motivated out of racial hatred or animosity directed toward
her co-worker or toward blacks in general.” Judge Southwick did not
even vote to direct the state to consider a penalty short of
firing, as the Mississippi Supreme Court later did.
And he failed the test when he joined a majority opinion that
denied a bisexual mother custody of her child. Adding insult to
injury, he joined a concurring opinion that went on to berate the
mother for her “decision to participate in a homosexual
relationship” and reminded her that one of the consequences of her
“exertion of her perceived right” was that she might lose her child.
The Magnolia Bar Association, an association of black Mississippi
lawyers founded when the state bar was restricted to whites, has
urged the Senate to reject the nomination, saying, “We question
whether Judge Southwick will properly enforce the law when it comes
to the rights of those who are unpopular and who are marginalized
by the political process.” They are right. After his performance as
a state court judge, it would be hard for a black person with a
discrimination case, or a gay person with a family law issue, to
have any confidence that Judge Southwick would treat them fairly.
Judge Southwick’s judicial record also shows the usual pattern of
President Bush’s judicial nominees: insensitivity toward workers,
consumers and people injured by corporations. The federal appeals
courts are already overloaded with judges who hold these biases.
When the voters put Democrats in the majority in Congress last
fall, they were sending a message that the era of extremism in
Washington should come to an end. Senate Democrats can show that
they understood this message by rejecting Judge Southwick and
insisting on a more moderate nominee, who will respect the rights
of all.
See what's free at AOL.com.
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