[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.
____________________