[Congressional Record Volume 153, Number 106 (Thursday, June 28, 2007)]
[Senate]
[Pages S8657-S8659]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                     NOMINATION OF LESLIE SOUTHWICK

  Mr. HATCH. Mr. President, as the discussion over immigration reform 
demonstrates, this body confronts tough issues and can find itself 
embroiled in some contentious debates.
  Over the years, it has not been uncommon to see judicial appointment 
debates at the top of the list of contentious debates. And during those 
debates, we have seen a lot of tactics and methods used.
  But some tactics are simply wrong.
  Some methods are simply inappropriate.
  There are some means which no ends can justify. Some of these wrong 
tactics, inappropriate methods, and illegitimate means have been used 
to attack the nomination of Leslie Southwick to the U.S. Court of 
Appeals for the Fifth Circuit.
  If we care about the integrity of this body and the good of the 
judicial branch, if we really believe that there is something more 
important than raw ideological politics, we should reject this attack 
on this good man and confirm his nomination.
  Judge Southwick, who served for a dozen years on the Mississippi 
Court of Appeals, has received a unanimous well qualified rating from 
the American Bar Association.
  He has the strong support of his home State Senators, both of whom 
are Senior Members.
  He would fill a judicial emergency vacancy.
  And though it has been obscured by all the hyperbolic, vitriolic, and 
over-the-top rhetoric now thrown about, the Judiciary Committee just 
months ago approved without objection Judge Southwick's nomination. 
Now, for whatever reason, the nomination is in limbo--first it is on 
the committee agenda without action and now not on the committee agenda 
at all.
  The committee looked at the same qualifications, the same record, the 
same man with the same character, and found no objection whatsoever.
  The only difference--which is really a distinction without a 
difference--is that Judge Southwick was then nominated to the U.S. 
District Court but now has been nominated to the U.S. Court of Appeals.
  The disturbing tactics being used against this nominee are certainly 
not new, and they are no more legitimate or persuasive now than when 
they have been used against other nominees in the past.
  Frankly, I am amazed that anyone finds them credible, let alone 
persuasive.
  Judge Southwick served on the Mississippi Court of Appeals for 12 
years.
  It is not credible to focus only on a few cases among the 7,000 in 
which he participated and the nearly 1,000 opinions he wrote.
  It is not credible to focus only on the results of those few cases, 
ignoring the facts and the law.
  It is not credible to demand that judges render decisions that serve 
certain political interests, whether or not the law actually requires 
that result.
  It is not credible to attack Judge Southwick for phrases or language 
in opinions he did not write.
  It is not credible to ignore the limitations imposed on appeals court 
judges by the standard of review they must follow.
  It is not credible to say that a judicial ruling against a particular 
party amounts to a judge's personal hostility against a group to which 
that party might belong.
  These are some of the misleading tactics that we have seen used 
against judicial nominees in the past and are being used against Judge 
Southwick now.
  These tactics are simply not credible, and I am amazed that my 
Democratic colleagues seem to be going along with them.
  One of the sure signs that such illegitimate tactics are in play is 
that they result in a distorted, twisted caricature of a nominee that 
those who have long known and worked with him simply do not recognize.
  Richard Roberts, former president of the Mississippi bar, for 
example, says that no other lawyer in the State is as qualified as 
Judge Southwick to serve on the Fifth Circuit.
  According to Phillip McIntosh, associate dean at the Mississippi 
College School of Law where Judge Southwick now teaches, a politically 
and racially diverse faculty unanimously approved Judge Southwick for a 
faculty position with no question about his integrity, fairness, or 
impartiality.
  A. La'Verne Edney, an African-American partner at Judge Southwick's 
former law firm, clerked for him on the Mississippi Court of Appeals.
  He says that Judge Southwick applied the law fairly without regard to 
the parties' affiliation, color, or stature.
  These and other colleagues and partners of Judge Southwick know him 
best.
  I can only imagine their shock and confusion over the wildly 
derogatory and extreme descriptions offered by Judge Southwick's 
Washington-based critics.
  I can only imagine the reaction by those who know Judge Southwick 
when those who do not know him make such claims without knowing what 
they are talking about.
  I think my colleagues would agree that the American Bar Association 
has never been accused of a conservative bias.
  And I think we would all agree that the ABA conducts perhaps the most 
exhaustive and thorough evaluation of judicial nominees.
  The ABA looks at the whole record; the ABA interviews dozens of 
people in each case.
  Let me remind everyone that the previous nominee to this very same 
Fifth Circuit position ran into trouble when the ABA rated him not 
qualified.
  My Democratic colleagues thought that was the most insightful, 
thorough, accurate, and definitive evaluation ever done on any nominee 
to any position anywhere.
  The same ABA has unanimously given Judge Southwick its highest well 
qualified rating.
  That means, according to the ABA's own description of its rating 
criteria, that Judge Southwick gets the highest marks for such things 
as compassion, open-mindedness, freedom from bias and commitment to 
equal justice.
  So here is the choice we face.
  On the one side, critics who do not know and have not worked with 
Judge Southwick look only at the results of just a few cases and claim 
Judge Southwick has hostile views on issues such as race, when there is 
no indication by anybody in Mississippi or otherwise that he has any 
such hostility.
  On the other side, the ABA and those who do know and have worked with 
Judge Southwick look at his entire record and gave him the highest 
marks for compassion, open-mindedness, freedom from bias and commitment 
to equal justice under the law.
  These two radically different pictures of this nominee cannot both be 
true.
  I think the tactics and standards used by Judge Southwick's critics 
are wrong and illegitimate, and the conclusions about him based on 
those tactics are simply not credible. I think they know that.
  And they certainly do not justify doing an about-face and voting 
against a nominee who, just months ago, received the Judiciary 
Committee's unanimous support.
  Illegitimate tactics leading to less than credible conclusions do not 
justify disregarding the judgment of our colleagues, the Senators from 
Mississippi, who are this nominee's home State Senators.
  Let me close with one more point.
  In their opposition letter, the Congressional Black Caucus says that 
we ``should be impressed by the frequency with which Southwick's 
opinions and concurrences have been overruled.'' That is pure, 
unadulterated hogwash.
  Judge Southwick authored 927 opinions and concurrences while on the 
Mississippi Court of Appeals and only 21 of them have been either 
reversed or even criticized by the Mississippi Supreme Court in 12 
years. I don't know of many judges who have such an unblemished record.
  I must say that I am indeed impressed by the frequency with which 
Judge Southwick's opinions and concurrences have been overruled.
  I am very impressed with such a low reversal rate over such a long 
period of distinguished judicial service.
  And I note that Kay Cobb, former presiding justice of the Mississippi 
Supreme Court, the court that reviewed Judge Southwick's decisions, has 
written with enthusiastic support of his nomination.

[[Page S8658]]

  Justice Cobb, unlike Judge Southwick's critics, has known him for 
many years and highlights his attention to promoting fairness and 
equality.
  Judge Southwick has served his community, volunteering with Habitat 
for Humanity since 1993.
  He volunteered to serve his country in the Mississippi National Guard 
and by joining a line combat unit that served in Iraq.
  Only months ago, the Judiciary Committee found Judge Southwick's 
qualifications and character sufficient to report his district court 
nomination without a single objection.
  Judge Southwick today is the same man with the same qualifications, 
the same ability, the same character, and the same commitment to the 
rule of law.
  He has the strong support of his home State Senators--both of whom 
are highly respected--and should be given the opportunity to serve on 
the Fifth Circuit.
  The Judiciary Committee should report his nomination, and the Senate 
should confirm him, without delay, or a manifest injustice will have 
occurred and will led to even more antagonism between the two sides of 
this body.
  We have been used to some of these tactics in the last 2 months of a 
President's tenure, maybe even the last 6 months, but hardly ever 
against a person of this man's qualifications, and then we have usually 
knocked that type of criticism down, as decent, honorable Senators 
should knock them down. Frankly, this President will serve for another 
year and a half. He has appointed a sterling, good man who deserves to 
be brought before the Senate and confirmed. I hope my colleagues will 
stop this tragedy and put this man on the court. He deserves it. He 
will be great on the court. He will be a person who will be fair and 
decent for everybody. I have every confidence in him.
  I ask unanimous consent that the letters to which I referred be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                    Law Offices of


                                       Richard C. Roberts III,

                                      Ridgeland, MS, June 5, 2007.
     Re Leslie Southwick.

     Hon. Arlen Specter,
     Ranking Member, Committee on the Judiciary, U.S. Senate, 
         Washington, DC.
       Dear Senator Specter: The issue of diversity seems to be 
     the current focal point in the nomination process for the 
     vacancy existing on the Fifth Circuit Court of Appeals. As a 
     former President of the Mississippi Bar, I understand and 
     appreciate the desire and need to have females and African-
     Americans serving in our federal judiciary, particularly when 
     the candidates are from Mississippi. I venture to say, 
     however, that no other lawyer in the State of Mississippi is 
     as qualified for the Fifth Circuit position by virtue of 
     education, experience, intellect, integrity and temperament 
     as the Honorable Leslie H. Southwick.
       I have known Judge Southwick personally since 1977. I am 
     sure you are well aware of Judge Southwick's outstanding 
     legal career, and his exemplary service to our country in The 
     Department of Justice and as Staff Judge Advocate for the 
     155th Brigade Combat Team in Iraq. I would venture to guess 
     that his fellow judges have also expressed their written 
     support of his untiring efforts and abilities as a judge on 
     our Mississippi Court of Appeals.
       The purpose of my letter, however, is to emphasize Judge 
     Southwick's personal virtues. He is simply one of the finest, 
     most decent, kind, humble, and fair-minded persons I have 
     ever known regardless of race or gender.
       Judge Southwick reminds me in so many ways of Judge Charles 
     Clark, who served for many years as Chief Judge for the Fifth 
     Circuit Court of Appeals, and for whom Judge Southwick 
     clerked before entering the private practice of law. When 
     Judge Clark served on the Court of Appeals, he had it all--
     intellectual ability, superb personal and organizational 
     skills, work ethic, commitment, integrity, and a wonderful 
     sense of humor. I am sure you remember Judge Clark. Judge 
     Leslie Southwick is cut from the exact same cloth.
       Seldom will the Judiciary Committee have the opportunity to 
     make an appointment which will have such a lasting effect on 
     the integrity of our federal judicial system in Mississippi 
     and the other states within the Fifth Circuit, and to 
     solidify the reputation it justifiably enjoys as the 
     protector of our rule of law, the civil rights of all 
     citizens. Please do not miss this opportunity to confirm the 
     nomination of Judge Leslie Southwick.
       With highest regards, I am
           Respectfully yours,
     Richard C. Roberts, III.
                                  ____



                                          Mississippi College,

                                                     June 4, 2007.
     Re The Honorable Leslie Southwick.

     Hon. Arlen Specter,
     Ranking Member, Committee on the Judiciary, U.S. Senate, 
         Washington, DC.
       Dear Senator Leahy: I am writing to you to express my 
     strong support for the nomination of Leslie Southwick to the 
     Fifth Circuit Court of Appeals. I have known Judge Southwick 
     for several years while he has been an adjunct professor and 
     vising professor at Mississippi College School of Law. As 
     Associate Dean, hiring of adjuncts comes under my 
     responsibilities for the law school. We have been honored to 
     have him on our faculty and look forward to a long and 
     beneficial relationship with him. Our students likewise hold 
     Judge Southwick in highest regard.
       Judge Southwick is a man of highest integrity, honor and 
     intellect. As a judge on the Mississippi Court of Appeals he 
     scrupulously did his judicial duty in following the law in 
     his judicial opinions. I am greatly disappointed that some 
     have taken the opportunity to try to score political points 
     by characterizing Judge Southwick as intolerant or having 
     ``very fixed, right-wing world view,'' seeking to imply that 
     he would not be fair and impartial in applying the law. In my 
     personal and professional dealings with him, I can attest to 
     his fine character. I have not the slightest doubt regarding 
     his impartiality and commitment to fairness.
       Judge Southwick would make an outstanding judge for the 
     Fifth Circuit. I know that he will uphold the law and apply 
     it regardless of his personal view on a particular subject. 
     He is a very thoughtful man, a true scholar. I also know that 
     he is not racist and does not hold racist views. Such an 
     allegation is ludicrous, insulting, and without foundation.
       As an example of the regard with which Judge Southwick is 
     held by the law faculty at Mississippi College, he was 
     offered a position as a visiting faculty member following his 
     resignation as a judge for the Mississippi Court of Appeals 
     and pending the approval of his nomination to the Fifth 
     Circuit. The suggestion to make this offer was made by one of 
     our faculty members, and the recommendation was unanimously 
     approved by our faculty. We have a politically and racially 
     diverse faculty, but not one note of concern about Judge 
     Southwick's integrity, fairness, or impartiality was sounded. 
     His appointment to our faculty was strongly supported by all 
     of our faculty members. I might even mention that his 
     teaching partner for Trial Practice this past semester is an 
     African American attorney and former Mississippi Circuit 
     Court judge, and whom Judge Southwick personally recruited to 
     partner with him for the course.
       I hope that you will support the nomination of this 
     outstanding man to the Fifth Circuit. He is an exceptional 
     candidate and deserving of confirmation.
           Sincerely,
                                              Phillip L. McIntosh,
     Associate Dean and Professor of Law.
                                  ____

                                         Brunini, Attorneys at Law


                                           Trustmark Building,

                                        Jackson, MS, June 5, 2007.
     Re Judge Leslie Southwick Nomination.

     Hon. Arlen Specter,
     Ranking Member, Committee on the Judiciary, U.S. Senate, 
         Washington, DC.
       Dear Senator Specter: I am an African-American partner at 
     the law firm of Brunini, Grantham, Grower & Hewes, PLLC, 
     where Judge Southwick was once a member. I believe in 
     fairness for all people and salute our leaders for giving 
     their lives to assure that fairness. While I share the 
     sentiments of other African-Americans that the federal 
     judiciary needs to be more diverse, I believe that Judge 
     Southwick is imminently qualified for the United States Fifth 
     Circuit Court of Appeals and write in support of his 
     nomination.
       I met Judge Southwick during my third year of law school 
     when I interned with the Court of Appeals of Mississippi. 
     That internship allowed me an opportunity to work with most 
     of the Judges on the bench at that time. I was most impressed 
     with Judge Southwick because of his work ethic and his serene 
     personality. When I finished law school in 1996, I believed 
     that my chances for landing a clerkship were slim because 
     there was only one African-American Court of Appeals judge on 
     the bench at the time and there were very few Caucasian 
     judges during the history of the Mississippi Supreme Court or 
     the Court of Appeals (which was fairly new) who had ever 
     hired African-American law clerks. In spite of the odds, I 
     applied for a clerkship. Judge Southwick granted me an 
     interview and hired me that same day. While Judge Southwick 
     had many applicants to choose from, he saw that I was 
     qualified for the position and granted me the opportunity.
       During my tenure as clerk with the Court, Judge Southwick 
     thought through every issue and took every case seriously. He 
     earned a reputation for his well thought out opinions and his 
     ability to produce the highest number of opinions in a term. 
     It did not matter the parties' affiliation, color, or 
     stature--what mattered was what the law said and Judge 
     Southwick worked very hard to apply it fairly. Judge 
     Southwick valued my opinions and included me in all of the 
     discussions of issues presented for decision. Having worked 
     closely with Judge Southwick, I have no doubt that he is 
     fair, impartial, and has all of the other qualities necessary 
     to be an

[[Page S8659]]

     excellent addition to the United States Court of Appeals for 
     the Fifth Circuit.
       In addition to serving our State, Judge Southwick has also 
     honorably served our country. During his mission to Iraq in 
     2005, Southwick found the time to write me often to let me 
     know about his experiences there. Upon his return to the 
     United States, Judge Southwick shared with others his 
     humbling experience serving our country. It is clear from his 
     writings and speaking that he served with pride and dignity.
       Other the years, Judge Southwick has earned the reputation 
     of being a person of high morals, dignity, and fairness. It 
     is unfortunate that there are some who have made him the 
     chosen sacrifice to promote agendas and have set out to taint 
     all that Judge Southwick has worked so hard to accomplish. I 
     am prayerful that those efforts will not preclude Judge 
     Southwick from serving as our next Judge on the United States 
     Court of Appeals for the Fifth Circuit.
       If additional information is needed, please feel free to 
     contact me.
           Yours truly,
     A. La'Verne Edney.
                                  ____



                                 Supreme Court of Mississippi,

                                        Jackson, MS, June 5, 2007.
     Re Judge Leslie H. Southwick.

     Hon. Arlen Specter,
     Ranking Member, Committee on the Judiciary, U.S. Senate, 
         Washington, DC.
       Dear Senator Specter: This letter is enthusiastically 
     written to urge you and the Committee to confirm Leslie H. 
     Southwick to serve on the Fifth Circuit Court of Appeals. 
     I've known him for many years and I'm honored to give him my 
     highest recommendation, without reservation. In every way he 
     is worthy to serve.
       Judge Southwick's scholarship and character are stellar. 
     The opinions he wrote during his ten years on the Mississippi 
     Court of Appeals reflect his thoroughness and fairness, as 
     well as the depth of his knowledge and the quality and 
     clarity of his reasoning and writing.
       In every aspect of his legal career and life in general, 
     Leslie Southwick has excelled. He has a long and consistent 
     record as a devoted family man, a courageous military leader, 
     an accomplished author, and an excellent appellate judge. His 
     awareness and attention to promoting fairness and equality 
     with regard to race and gender are exemplary.
       Our country needs conscientious and independent judges of 
     impeccable integrity and I cannot think of anyone who better 
     qualifies for this appointment!
           Sincerely,
                                           Kay B. Cobb (1999-2007)
  Mr. HATCH. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. MENENDEZ. I ask unanimous consent that the order for the quorum 
call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________