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Feinstein Asked by Civil Rights Community to Oppose Southwick Confirmation to US Court of Appeals

By Doug Lakey

On Tuesday October 9th, a group of more than 30 Californians gathered outside of Senator Dianne Feinstein’s office in San Francisco. Why were they there? To ask Senator Feinstein to vote no on the nomination of Leslie Southwick to a lifetime position on the 5th Circuit Court of Appeals. Regrettably, the senator had voted with Republicans on the Judiciary Committee to send his nomination to the full Senate. Why were these Californians gathered to oppose a judge who will not rule directly on California cases? Because they are fed up with George W. Bush’s court-packing program and hoping that their senator, long known as a champion of civil rights and equality for gays and lesbians, will change her vote when the nomination comes to a vote on the Senate floor.

Tuesday’s rally was organized by the California Coalition for Fair and Independent Judges. The Coalition is comprised of a broad spectrum of the progressive civil rights and public interest communities in California. When the Coalition learned that a vote on the Southwick nomination could happen in October or early November, it sprang into action. Member groups sent action alerts to their members, law professors in California signed a letter asking the senator to re-consider her vote, and petitions were circulated among California groups. The Coalition, with the leadership of Equal Justice Society, Alliance for Justice West Coast Office, National Center on Lesbian Rights, Public Advocates and others, as well as with the powerful assistance of Working Assets, coordinated these efforts and placed banner ads on key California informational and political websites. Though these efforts have been fueled mainly by passion and very little money, the impact is being felt both here in California and in Washington, DC.

Southwick is nominated to a court in which 12 out of 16 seats are held by Republicans. The problem isn’t Judge Southwick’s party, however. The problem is his record. As a judge on the Mississippi Court of Appeals, he voted against workers and consumers in divided decisions 89 percent of the time. A business advocacy group gave him the highest rating of any judge on his court. And in his hearings, Judge Southwick could not think of one time where he made an unpopular decision in favor of the powerless, the poor, minorities or the dispossessed.

Look at Annie Cannon, a woman who suffered debilitating illnesses because of chemicals she was exposed to at work. Judge Southwick argued that the statute of limitations prevented Annie from seeking compensation for her illnesses. Even though doctors didn’t connect her symptoms to her work for almost a decade, Judge Southwick expected Annie Cannon to make that diagnosis in three years. Fortunately for Annie, eight of Judge Southwick’s colleagues disagreed with his reasoning.

And what about the Goode family? A propane heater exploded in their house, killing their granddaughter. They sued the manufacturer. After the trial, new evidence emerged showing the company had given inaccurate information about servicing the heater. Yet, once again disagreeing with eight of his fellow judges, Southwick argued that the Goodes didn't even deserve a new trial.

Then, of course, there are the cases that are garnering the most media attention. In one, Judge Southwick went out of his way to join a concurrence that said the “choice” to engage in homosexuality comes with consequences, up to and including its consideration as a determining factor in child custody cases. Or what about the case where Southwick joined a decision that said, taken in context, calling an African American coworker a “good ole n*****” was an insufficient ground to terminate employment. In a dissent, Judge Southwick’s own colleagues remarked that “[s]uch a view requires a level of myopia inconsistent with facts and reason.”

Senator Feinstein said she received a letter from Judge Southwick that was very reassuring. However, as court watchers have noted, the best indicator of what a nominee will do once on the bench is his or her record. This is not about his character, it is about his record. For millions of Americans in the Fifth Circuit, that record cannot be offset by a single reassuring letter.

Judge Southwick’s record dovetails with this administration’s patterns. He is yet another in a long line of people George W. Bush has nominated in an attempt to pack the federal appeals courts with judges who will serve his administration's ideological agenda long after he has left office. And this president has had unquestionable success when it comes to his take-no-prisoners, ideologically driven court-packing program. This is one area where President Bush has not made a misstep—once on the bench, his nominees have not disappointed the man who nominated them.

But his success on the Southwick nomination is not guaranteed. We expect a vote on Judge Southwick will take place this week. There is still time, however, to take a stand. We need to make our voices heard because the Senate, including Senator Feinstein, must stand up and say no to the Bush administration’s court-packing program. Get in touch. Tell Senator Feinstein to vote no on the nomination of Leslie Southwick.

More information can be found at www.VoteNoSouthwick.org

Doug Lakey is Director of the West Coast Office of Alliance for Justice, and is responsible for managing the operations and program implementation of the Oakland, CA-based office and outreach into the broader West Coast civil rights and public interest community.

Posted on October 23, 2007

Comments

Terrific piece, Doug!

Correct URL tho is:
http://vote.nosouthwick.com

Posted by: Keith Kamisugi at October 23, 2007 09:24 AM

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