Democratic Bigotry - Part 2

WASHINGTON, DC - The Committee for Justice (CFJ) commented today on demands that Fifth Circuit nominee Leslie Southwick of Mississippi be defeated in the Senate to make room for a minority nominee.

“As we detailed in yesterday’s press release, Senate Democrats have obstructed every white male appeals court nominees from the South, including Southwick,” said CFJ executive director Curt Levey. “In general, one can only speculate about the motives behind this persistent bias, but in the case of Judge Southwick, no speculation is necessary. His critics’ thinly veiled comments make it clear they want this Fifth Circuit seat to be filled by a ‘racial or ethnic minority,’ preferably an African American.” Examples of these comments are provided below.

“Liberal interest groups have waged an intense lobbying campaign against Southwick, pairing demands for a minority nominee with almost laughable attacks based on a handful of the nearly 7000 cases he heard during his 12 years on the Mississippi Court of Appeals,” explained Levey. “As a result, Senate Democrats, including Barack Obama, have jumped on the bandwagon. That’s not surprising. After all, Judiciary Committee memos disclosed in 2003 leave no doubt that these outside groups call the shots for Democrats when it comes to judicial nominees.”

“To be fair, Judge Southwick’s opponents base their demands on what they perceive to be too few African Americans on the Fifth Circuit Court of Appeals and the district courts below,” said Levey. “But even if one assumes that the Fifth Circuit could benefit from greater diversity, that doesn’t excuse attacking a man’s character when your real beef is the color of his skin.”

“Moreover, what Senate Democrats and their allies are demanding here is a racial quota,” noted Levey, adding that “quotas have long been rejected by both the courts and – as polls show – Americans of all races. While not legally binding here, Supreme Court precedent on diversity is instructive. It teaches that, while race can be one of multiple selection factors, it’s unlawful to limit seats to members of a particular race. The campaign against Judge Southwick is on the wrong side of that line.”

“If this exceptionally qualified nominee is defeated in the Senate because of the color of his skin, it’s not the special interest groups that are to blame,” Levey said. “Blame the senators, because they’re the ones who are supposed to be representing all Americans. The Democrats say they’re opposed to quotas. They’ll have a chance to prove it when the Judiciary Committee votes on Southwick tomorrow.”

“I think the Bush Administration has the right approach here,” said Levey. “They would be delighted to find the right African American nominee for this Fifth Circuit seat. But I doubt they’re willing to limit the search to candidates of a particular race.”

What Judge Southwick’s opponents are saying:

“Senate Judiciary Chairman Patrick J. Leahy, D-Vt., suggested that Bush withdraw Southwick’s nomination and instead nominate an African-American candidate.” – CQ Today, June 14, 2007

“It is vitally important for the Senate Judiciary Committee to stand firm and not ratify President Bush’s brazen disregard of the need to integrate the federal judiciary . . . [The Senate] should keep the seats open until he is willing to do so.” – Magnolia Bar Association, Jackson, MS

“While the NAACP does not advocate the nomination of UNQUALIFED individuals simply because of the color of his or her skin, we unequivocally reject the notion that there are no qualified African Americans to fill the vacancy on the 5th Circuit.” (emphasis added) – NAACP, Washington Bureau

“Judge Southwick’s nomination fails to ameliorate the lack of diversity in the circuit and on Mississippi’s federal bench.” – Rhode Island Minority Legislator/Leadership Caucus