Democrats attack Southwick on gay issues

At yesterday's Senate Judiciary Committee on Leslie Southwick, Democrats attacked the judge for ruling according to Mississippi law simply because they do not agree with the law.

Clarion Ledger: Southwick voted to uphold a decision giving custody of an 8-year-old girl to her father instead of to her bisexual mother. He also joined other judges in a written decision that referred to the mother's "homosexual lifestyle." Sen. Sheldon Whitehouse, a Democrat from Rhode Island who presided over Thursday's hearing, said the phrase "is highly associated with a particular point of view that is not favorable to gay rights." Southwick, who at times seemed surprised by the line of questioning, said he followed Mississippi law. In 2001, when the case was active, state law considered homosexuality a moral issue that could influence custody decisions. "It was the stated policy ... regarding homosexuality," Southwick said, adding, "The law is evolving as to the fundamental rights of gay relationships."

Also find the story here.

The story also suggests that some of the opposition is not to Southwick personally but to the matter that President Bush has not nominated a black person for this position. Andy Taggart takes up this matter in his Red/Blue blog at ClarionLedger.com.

As usual, the opposition to this Bush nominee comes from national Democrats and the far-left. In Mississippi, Jere Nash (the blue side of the Red/Blue blog) also hopes Southwick gets confirmed.

Still fighitng the 5th Circuit

Today Leslie Southwick faces the Senate Judiciary Committee as Bush's most recent Mississippi pick to join the Fifth Circuit Court of Appeals. Southwick's pattern has followed that of Pickering's - at first seen as reasonable by all sides and controversial by none - until the far-left special interest groups opposed to him on philosophical and not judicial grounds started smearing him. Here is the story in today's Clarion Ledger. Perhaps the Democrats will let Southwick go through now that this isn't as big of an issue as the past...but they might continue to stall in hopes that a Democrat can make the appointment after 2008 instead.

Editorial: Southwick qualified

Mississippi's Clarion Ledger editorializes today that Judge Southwick is qualified to fill the position and the diversity criticism should not be "aimed at Southwick but Bush" and that "diversity on the bench is 'overdue.' But that's not the fault of Southwick, nor does it in any way reflect on his abilities or qualifications. Albeit insensitive of the administration not to promote diversity, the U.S. Senate should confirm the nomination."

Folks are commenting about Southwick over at MississippiPolitics.com

Mary Libby Payne served with Southwick on the Appeals Court and said in a letter-to-the-editor: "He has been an exemplary appellate court judge in Mississippi for 12 years. Judge Southwick has keen intellect, unequaled work ethic, articulate opinion-writing skills, impeccable character and proven loyalty to the nation by his military service in Iraq."

More on Southwick

No surprise, another highly qualified nominee with the experience, credentials, temperament, and intelligence to serve as a Fifth Circuit Court of Appeals Judge...and while most people praise him some still attack: "Bush selection for federal appeals court post under fire."

The opposition from Jaribu Hill, president of the Magnolia Bar Association, is not unexpected or really on the merits of Southwick. Hill and his organization opposed Pickering and Wallace as well. When they opposed now confirmed federal district judge Dan Jordan, Hill explained the basis of their opposition to the Clarion Ledger, "'a number of our members know him or have been in cases with him. We don't have any beef with him.' But despite the praise, Hill said the Magnolia Bar will oppose Jordan's nomination because the court needs more diversity. 'We have one African-American federal judge in a state that is almost 40 percent African American,' Hill said." In other words, they opposed him not because of his qualification; they opposed him because he was not African American.

In addition to nominating Southwick to the Fifth Circuit Court of Appeals, the White House also announced the renomination of Halil Suleyman Ozerden to the U.S. District Court in Mississippi. Ozerden's family emigrated from Turkey and is an American success story.

Biloxi Sun Herald: Bush nominates 2 in Mississippi for judgeships
Associated Press: Senators say Bush nominating Southwick for 5th Circuit

Southwick

Leslie Southwick has been chosen as President Bush's pick to serve on the Fifth Circuit Court of Appeals. Bush's previous pick, Mike Wallace, asked that his name be withdrawn after Democrats continually blocked his nomination. If confirmed, Southwick will fill the seat vacated by Charles Pickering who retired at the end of his recess appointment after Democrats continued to filibuster his nomination.

Southwick is a former Mississippi Court of Appeals Judge who was nominated to sit on the U.S. District Court in Mississippi and had been approved by the Senate Judiciary Committee but had not been approved by the full Senate before adjournment in December. Southwick has also served in the Judge Advocate General's Corps with the Army Reserves and recently returned from service in Iraq.

AP has the story.

Southwick's Miss Appeals Court bio.

"Thus Blogged Anderson" called Southwick "quite conservative" and "arguably the sharpest appellate judge on the state bench" and said in March of last year that he "ought to be a contender for the Fifth Circuit one day."

Who's Next?

With the withdrawal of Mike Wallace's nomination to fill the Fifth Circuit Court of Appeals seat formerly held by Charles Pickering, those in the Mississippi judicial circles are wondering who's next?

5th Circuit Seat

Sid Salter writes that Mike Wallace has asked that his nomination to the Fifth Circuit Court of Appeals to fill Judge Pickering's seat be withdrawn. In another piece, Salter (who covered the unfair attacks on Pickering and then on Wallace as well) asks "Now, can someone give Wallace his reputation back?" President Bush can now choose another nominee for the seat.

Renominated

Wallace and other judges have been renominated by President Bush but future of Mississippi judges nominated to federal bench unsure.

Post Election

Democrats in control of the Senate may thwart Wallace.

Starrett

Judge Keith Starrett took Judge Charles Pickering's seat on the District Court Bench almost two years ago. The Hattiesburg American writes about him in "Federal post hasn't changed Starrett."

Three Stories

Judge Pickering is mentioned in three stories about the ongoing issue of judicial confirmations.

Manuel Miranda writes in Human Events: Why the GOP should Emphasize Judges. He says, "In 2002, Republicans won three new Senate seats by the barest margins, giving them control of the Senate. The voter plurality that in 2004 would rank first and be called the “moral issues voter” ranked nationwide in 2002 only fourth. But in Georgia, Missouri, and Minnesota that year, in a midterm election where the President campaigned chiefly on taxes and terror, something unusual happened: self-identified single issue, pro-life voters came out to vote in a non-presidential year, who normally do not. The margin of their vote was larger than the margin of Republican victory. How? After Democrats blocked a then-obscure judge from Mississippi, Charles Pickering, Sen. Rick Santorum (R.-Pa.) began polling over the judge issue. He discovered it impacted poorly on the Democrats’ image. He then found ways to expose the increasing obstruction, finishing, just two weeks before the 2002 election, with the ultimate spotlight: an East Room speech by the President."

Jeffrey Lord writes a review of the Borking Rebellion in The American Spectator: Borking Rush. He says, "The Borking Rebellion was designed to serve two purposes. First, it was a behind-the-scenes story of the confirmation battle over a Bush judicial nominee, Judge D. Brooks Smith -- a longtime best friend of mine -- who was overwhelmingly well thought of in Western Pennsylvania legal circles. Then his nomination arrived in Washington. The real-life story takes place in the middle of the liberal interest-group borking-mania that defeated Judge Charles Pickering and nominee Miguel Estrada while stiffing nominees Priscilla Owen, William Pryor, and others. Smith unexpectedly won in a harrowing fight against opponents who were interested not in defeating his arguments but destroying his life. The book told the insiders tale of just how that victory happened and why, naming names of the bad guys in the episode, a number of them household names." [BTW - If you like the Borking Rebellion you'll love Judge Pickering's second book scheduled to come out next year.]

Judge Pickering discusses the nomination of Mike Wallace in this story in the Biloxi Sun Herald: ABA: Wallace is not qualified. Pickering says, "Mike Wallace is one of the brightest lawyers anywhere. To find Mike Wallace unqualified is absolutely ludicrous."

Mike Wallace

Mike Wallace's appointment to fill Pickering's Fifth Circuit Court of Appeals seat continues to draw controversy from the left...could there be another recess appointment?

Wallace hearing could be Pickering redux

Mike Wallace was picked by the President to fill Judge Pickering's seat on the Fifth Circuit Court of Appeals and some are predicting his hearing could be a "replay of brawl over Pickering nomination." Wallace's hearing will be on September 19 or September 26.

Two Things

Jan LaRue, chief counsel for Concerned Women for America has a piece in Human Events about judges and mentions Pickering among others: Winning the War Requires Winning on Judges.

President Bush chooses the son of a Turkish immigrant for the federal bench in Mississippi - we'll see if the left thinks that qualifies as diversity.

Related News

Last month the Democrats "refused to give what is normally pro forma consent to hold over the nominations" of five judicial nominees "during the Senate's August recess." The Committee for Justice Blog notes that yesterday, President Bush renominated them (but unfortunately three of them who were awaiting votes on by the full Senate must now go through the Committee process AGAIN). One of the nominees renominated yesterday is Mike Wallace of Mississippi who has been picked to fill Judge Pickering's vacated seat on the Fifth Circuit Court of Appeals.

Wallace Update

Mike Wallace has been named to fill Judge Pickering's seat on the Fifth Circuit Court of Appeals. Expect similar attacks on him as some of those against Pickering: Wallace nomination may end Capitol Hill truce

It begins again...related news

President George W. Bush has chosen Mississippi attorney Mike Wallace to fill Judge Charles Pickering's seat on the Fifth Circuit Court of Appeals. Wallace is a known brilliant, qualified lawyer who has been an active conservative Republican, but who will put his political beliefs away when he becomes a judge - as judges ought to do. He will not be an activist; he will not legislate from the bench. But the liberals special interest groups are already preparing their smear campaign. And what, they wonder, is the best smear campaign for a conservative from Mississippi? Attack him on "civil rights" - a veiled charge of racism. Here they go again.

Related News

WorldNetDaily article on wiretapping with Judge Pickering's thoughts on the Constitutional and statutory issues on the subject.

President Bush has chosen Jackson lawyer Mike Wallace for Pickering's vacated seat on the Fifth Circuit Court of Appeals. Expect the same folks to attack Wallace.