[Congressional Record Volume 153, Number 160 (Monday, October 22, 2007)]
[House]
[Pages H11825-H11830]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       CONGRESSIONAL BLACK CAUCUS

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 18, 2007, the gentlewoman from Ohio (Mrs. Jones) is recognized 
for 60 minutes as the designee of the majority leader.
  Mrs. JONES of Ohio. Mr. Speaker, over the past 9 months, the 
Congressional Black Caucus has been at the forefront of many major 
issues here in Congress, from raising the minimum wage, to the Don Imus 
debacle, to the upcoming Southwick nomination vote that will be taken 
up in the Senate this week. We have been at the forefront of raising 
the issue about the need to cover 10 million children under SCHIP. And 
we've been at the forefront as well raising issues with regard to the 
war in Iraq and the number of people who have been killed, as well as 
the recent Jena Six situation.
  Tonight, however, we will be focusing in on the Southwick nomination. 
And as we focus in on that nomination, we always remember that for 
people of color the court has been the place of last resort. Many of 
the opportunities that we've had to raise issues with regard to school 
desegregation, civil rights, economic opportunities, equal employment 
opportunity, have come through the courts. And it is that reason that 
we are particularly raising our voices with regard to this nomination.
  I am joined this evening by my colleague and good friend, the Chair 
of the Homeland Security Committee, Mr. BENNIE THOMPSON. And Judge 
Southwick, the nominee, actually is a resident of Mississippi and being 
considered for that seat which oversees Mississippi and several other 
States where the population of people of color is significant.
  I yield such time as he may consume to my colleague and good friend, 
the Chair of the Homeland Security Committee, BENNIE THOMPSON.
  Mr. THOMPSON of Mississippi. Thank you very much.
  Mr. Speaker, I join members of the Congressional Black Caucus, who 
have unanimously opposed the nomination of Leslie Southwick to the 
Fifth Circuit Court of Appeals.
  For the record, Mr. Speaker, the Fifth Circuit is composed of 
Mississippi, Louisiana and Texas. This circuit historically was one of 
those circuits that moved civil rights and voting rights issues in a 
manner that allowed all people representation. So what we've seen under 
the President's administration, we've seen this court move in the 
opposite direction.
  As a resident of Mississippi and a representative for the Second 
Congressional District, we have yet to have a member of the Fifth 
Circuit Court of Appeals who is an African American. We have the 
highest population of any circuit in the State in the circuit; yet we 
are completely void of representation.
  I don't have to go through the litany of problems we've had in 
Mississippi with respect to civil rights. As you know, and as so many 
know, Mr. Speaker, had it not been for the Federal court system, many 
of us would not be in elected office. Many of us would not hold 
positions of higher responsibility because our State denied African 
Americans, for a number of years, equal representation under law and 
denied that representation because of color.
  And so what we have in the Southwick nomination, Mr. Speaker, is a 
continuing pattern of nominating people who have demonstrated racial 
insensitivity toward people of color. In the Richmond v. Mississippi 
Department of Human Services, a white employee was fired for using the 
phrase ``good ole nigger'' toward an African American coworker. When 
the white employee was fired, a hearing officer reinstated the 
employee.
  In upholding the reinstatement, the majority, Mr. Speaker, which 
Judge Southwick joined, concluded that using the phrase ``good ole 
nigger'' was equivalent to calling the other employee her ``teacher's 
pet''. This opinion, I'm happy to say, Mr. Speaker, was unanimously 
reversed by the Mississippi Supreme Court. And this is our President's 
number one nominee for the Fifth Circuit, who says that it's all right 
to use the ``N'' word when referring to people of color because it's 
equivalent to being called the ``teacher's pet,'' or as he said in 
later words, ``a term of endearment.'' That's an insult. But it goes to 
the crux of the issue of whether or not the temperament of this 
gentleman, Leslie Southwick, fits promotion to the Fifth Circuit Court 
of Appeals.
  In addition to that, on another case, McWilliams v. Mississippi, when 
a prosecutor cites nonracial readiness for strikes. Davis v. 
Mississippi is another case. Judge Southwick denied the defense's 
warranted attempts to strike white jurors, even when the defense used 
the same nonracial reasons for strikes. Webb v. Mississippi. In other 
words, it's all right to strike black people from juries for nonracial 
reasons, but you can't strike white people from juries for nonracial 
reasons.
  So, Mr. Speaker, we have a problem. This is the person under 
consideration this week by the United States Senate. I'm happy to say 
that the Congressional Black Caucus has taken up a number of issues 
this session, but the Southwick nomination really goes to the heart of 
why we are all here. We cannot put people on the bench for a lifetime 
job who demonstrate this kind of insensitivity.

                              {time}  2000

  So, Mr. Speaker, I am happy to join my colleagues with the 
Congressional Black Caucus in unanimously opposing the elevation of 
Judge Southwick to the Fifth Circuit Court of Appeals. His nomination 
is not just an affront to people of color, but it is an affront to 
people of good will. That someone who demonstrated a lack of judicial 
temperament can actually be nominated and be given serious 
consideration by the United States Senate is beyond me.
  But, again, I want to express my sincere opposition to the nomination 
of Leslie Southwick to the Mississippi Fifth Circuit Court of Appeals. 
Mississippi needs a nominee who will not look to discourage or impede 
its growth, but instead support and empower Mississippi's legacy. I 
appreciate my colleague from Ohio yielding me the time.
  Mrs. JONES of Ohio. Mr. Chairman, just for a moment, I recall only a 
few months ago that you and the Chair of our Congressional Black 
Caucus, Carolyn Cheeks Kilpatrick, were actually over at the Senate 
side when this was in committee.
  Mr. THOMPSON of Mississippi. That's correct.
  Mrs. JONES of Ohio. Can you recount for us briefly what you 
encountered in that hearing?
  Mr. THOMPSON of Mississippi. Well, the record will reflect, Mrs. 
Tubbs Jones, that at that hearing significant evidence was introduced 
as to the statistical probability of African Americans being nominated 
to the court. It was also introduced that the population of African 
Americans was the greatest in the State of Mississippi, that 
Mississippi had fewer individuals on the Fifth Circuit Court of Appeals 
and has never had an African American on a court in its entire history 
from the State of Mississippi. So this is a golden opportunity, it was 
a golden opportunity for President Bush to do the right thing. But this 
was his third nominee for this one judgeship. Each of

[[Page H11826]]

the other individuals who he has nominated also had that judicial 
temperament and their qualifications questioned to the point that they 
were denied.
  So what we have here is a third bite at an apple that really deserves 
reconsideration by the President. But since he did not choose to do so, 
I am committed, like the other members of the Congressional Black 
Caucus, to make our voices heard this week on the floor of the United 
States Senate with its colleagues there to say that this is not the 
America that we all want to be known for.
  And so that issue, Mrs. Tubbs Jones, was thoroughly aired. I am 
disappointed that a letter from Judge Southwick swayed one member of 
the Judiciary Committee to change their vote. You know, we can all 
write letters. But in the record, we have opposing views from the 
Magnolia Bar, which is the African American Bar Association in the 
State of Mississippi, the Mississippi NAACP, a whole host of elected 
officials and others saying that this is not in the best interests 
going forth with this nomination.
  So we believe that the record was complete and that a thorough airing 
of what is before that Judiciary Committee would have basically 
provided significant opposition to Judge Southwick. But, you know, this 
is politics. That letter changed the position of one member on the 
judiciary who did not talk to anybody from Mississippi, did not talk to 
anybody from California, did not talk to anybody who had an interest 
diametrically opposed to the person under consideration. They took a 
letter, read it into the Record, and made a decision as to a person 
saying, I will do better now that I understand that it is not proper to 
use the N word or that it is not proper to deny African Americans 
positions on juries just because they happen to be black.
  Well, that is not enough in my book, nor the Congressional Black 
Caucus's book, to warrant a person being elevated to the Fifth Circuit 
Court of Appeals. Now, the reason I say that, to be honest with you, is 
that the majority of the voting rights and civil rights legislation 
that comes before the court generally comes from that circuit. So if 
you have someone who demonstrates time and time again that they lack 
the temperament, that they lack the judicial restraint to deal with 
cases relating to people of color, then that person should not be 
promoted to that position for which they are not made. So for that 
reason, I am happy to be here on behalf of those Members who serve the 
Fifth Circuit Court of Appeals in the United States House of 
Representatives.
  We have, as you know, gone on record many times in writing opposing 
the nomination. We reiterated that opposition today in a letter when we 
found out that it would be considered sometime this week. So there is 
no question that people who represent individuals, more than 700,000 
American citizens, in the Fifth Circuit Court of Appeals district are 
in opposition to it. And how one can take a letter from the person that 
is nominated and say that that one letter rises above those hundreds of 
thousands of people who have sent individuals to represent them here in 
Washington gets beyond me. But, again, we will continue to press the 
case. As you know, we are prepared to speak to the leadership before 
the issue is considered and do other things, because this is too big an 
issue for us not to give it our maximum effort.
  Mrs. JONES of Ohio. I want to thank you, Chairman Thompson, for your 
leadership not only in the State of Mississippi but also here in the 
Congress. Recently, I had a chance to be in Greenville, Mississippi, 
with you with an elementary school friend of mine, Jaribu Hill. I am 
just so happy to see the kind of leadership you are showing, and I 
thank you for joining me this evening for this Special Order.
  Mr. THOMPSON of Mississippi. Thank you very much.
  Mrs. JONES of Ohio. It gives me great pleasure at this time to call 
upon my sister, my good friend, the gentlewoman from California, and 
she happens to be from the State of the Senator who voted this, whose 
vote was determining in voting this nomination out of the committee. 
But I will leave for her the discussion on that issue. I give you the 
great gentlewoman from California, Congresswoman Barbara Lee, who has 
been a leader on so many, many issues that I can't even recount them 
all at this time. And I will yield her such time as she may consume.
  Ms. LEE. First, let me thank the gentlewoman from Ohio for her 
leadership and for her kind words, but also for her commitment to equal 
justice under the law.
  As a former prosecutor, as a judge, your leadership and your clarity 
on these issues is deeply appreciated, and also for making sure that 
each week the Congressional Black Caucus has a voice on all of the 
issues that we are addressing in our country. This evening, yes, I 
would like to talk very briefly about the unfinished business of 
America as it relates to equal justice under the law.
  Before I do that, let me just reflect for a minute on the 
contributions of my colleagues in the Congressional Black Caucus. Any 
reflection on Congressional Black Caucus members' accomplishments in 
this Congress must begin with the recognition of the incredible 
leadership role members of the Congressional Black Caucus are playing. 
In addition to our great Democratic whip, Mr. Clyburn, from South 
Carolina, who is only the second African American to hold this 
position, more than half of our caucus members, 22 in all, are now 
serving as Chairs of committees and subcommittees. I have to salute and 
acknowledge, again, Madam Chair of the Ethics Committee tonight and her 
leadership, also, the first African American woman appointed to the 
Ways and Means Committee. It makes a difference to have, again, 
Stephanie Tubbs Jones's voice on both of those committees and also as a 
leader on both of those committees.
  Also, in addition to the significant achievements in both legislation 
and oversight, the Congressional Black Caucus members have also 
continued to play a major role in so many issues. The CBC has been long 
referred to as the conscience of the Congress for our members' 
steadfast refusal to turn our backs on injustice and for our commitment 
to shining the spotlight of truth on issues of injustice and racial 
prejudice wherever they may arise. I am proud to say that in the 110th 
Congress, the Congressional Black Caucus has continued with this proud 
tradition. When Don Imus, once again, crossed the line and denigrated 
the women of the Rutgers women's basketball team, members of the 
Congressional Black Caucus were there to call him out, to document his 
long history of racially offensive remarks, and to help see to it that 
sponsors understood that supporting such behavior is just bad business.
  More recently, we were part of the national call for justice for the 
six young people from Jena, Louisiana, whose case represents an example 
of racially biased justice, or injustice, that is too familiar for 
people of color around this Nation.
  Let me address another issue which my colleague, our chairman of the 
Homeland Security Subcommittee, Mr. Thompson, just mentioned. Tomorrow, 
the Senate will hold a cloture vote on the confirmation of Judge Leslie 
Southwick to the Fifth Circuit Court of Appeals. In August, when the 
Senate Judiciary Committee voted to send his nomination on the floor, I 
joined with my colleagues in the Congressional Black Caucus in speaking 
out against his nomination. I also expressed my profound, and I mean my 
very profound, disappointment as a Californian, first of all, and as an 
African American and as a woman, that a Senator from my home State, 
Senator Feinstein, would vote with the Republicans to bring the 
Southwick nomination to the Senate floor.
  Numerous concerns had been raised about Judge Southwick's commitment 
to equal justice, which Congressman Thompson just enunciated. I have 
profound concerns about the commitment to equal justice and dignity of 
anyone who thinks that it is ever acceptable for someone to refer to 
someone else using the N word. The idea of elevating a person to the 
Fifth Circuit Court of Appeals is, quite frankly, unacceptable. The 
fact is that the Fifth Circuit has the highest percentage of minority 
residents of any other circuit; yet all of the nominees over the last 
22 years have been white. In fact, there is only one African American 
member of the court, and he is only the second since the court was 
created in 1869.

[[Page H11827]]

  The recent case in Jena, Louisiana, shows the racism in the criminal 
justice system within the jurisdiction of the Fifth Circuit. The case 
in Jena makes it clear why we cannot afford to send anyone less than a 
civil rights champion to serve on this court, let alone someone with a 
record of hostility towards civil rights, someone who thinks that it is 
ever acceptable for someone to refer to someone else using the N word. 
We have come too far from the days of Jim Crow to tolerate the type of 
racist miscarriage of justice that we have seen in Jena and in the 
record of Judge Southwick.
  If we are ever to overcome the legacy of racism in this Nation, we 
have a duty to our young people to see to it that the principle of 
equal justice is upheld. If we truly believe in our Nation's principle 
of equality before the law, then we have to make sure that everyone, 
regardless of race, is held equal before the law. So we are looking to 
our colleagues in the other body to take a stand for civil rights, to 
take a stand against racism, and to take a stand for justice and to 
block the nomination of Judge Leslie Southwick.
  In so doing, we will take another step in completing this unfinished 
business in our country that so many people fought and died for. So I 
want to thank the gentlewoman from Ohio for once again stepping up to 
the plate, using her voice and her leadership to call for justice in 
our country and to help defeat the nomination of this individual, Judge 
Southwick.
  Mrs. JONES of Ohio. Before you leave, Congresswoman Lee, how many 
African American members are there in the California delegation?
  Ms. LEE. In the California delegation, there are four African 
American Members of Congress: Congresswoman Maxine Waters, 
Congresswoman Diane Watson, Congresswoman Laura Richardson, and myself.
  Mrs. JONES of Ohio. To your knowledge, did Senator Feinstein even 
bother to contact you, any of you, with regard to this particular 
nomination and her vote?
  Ms. LEE. Well, I know we attempted, on many occasions, to reach many 
Members of the Senate, including Senator Feinstein. We were not able to 
have a discussion at all about this nomination, which was really 
unfortunate, because I believe that people in California, all people in 
California, people of conscience, people of color, people on both sides 
of the aisle do not want to see a judge from the Fifth Circuit 
confirmed with this record, as Judge Southwick. We are very 
disappointed that we did not have the opportunity to have those 
conversations.
  Mrs. JONES of Ohio. In addition to the four African American members 
of the California delegation, how many Hispanic members of the 
delegation are there?
  Ms. LEE. We have a very large Hispanic congressional delegation. I 
would believe there are probably, let's see, we have Congressman Xavier 
Becerra, Congresswoman Lucille Roybal-Allard, and Congresswoman Grace 
Napolitano. We have Congresswoman Loretta Sanchez and Congresswoman 
Linda Sanchez. We have Dennis Cardoza. We have a very, very strong, 
very active and very committed delegation from our Latino communities.

                              {time}  2015

  Mrs. JONES of Ohio. In fact, a significant number of the issues that 
the African American community raises around civil rights are some of 
the very issues that the Hispanic community raises around civil rights 
issues as well.
  Ms. LEE. They are the exact same issues that our Hispanic community 
raises. Also, the same issues that our Asian Pacific American community 
raises. In fact, to the extent that we decided several years ago to 
form what we called the Tri-Caucus, where I believe there are at least 
73 votes that really do count and make a difference in this body, and 
so, yes, we are all on the same page as it relates to equal justice 
under the law.
  Mrs. JONES of Ohio. I thank you very much for your time and your 
attention and your leadership around so many issues, Congresswoman 
Barbara Lee.
  Once again, I have an opportunity to invite another one of my 
wonderful colleagues to join me this evening for the CBC Message Hour 
under the leadership of our Chair, Congresswoman Carolyn C. Kilpatrick. 
The next colleague that I call upon is a former judge. She has been 
serving on the Judiciary Committee for the past 13 years. She has shown 
leadership around so many issues. I want to compliment you this 
evening, Congresswoman Sheila Jackson-Lee, on your presentation and the 
work you did during the Judiciary Committee hearing last week around 
the Jena Six. Unfortunately, I couldn't be at the hearing, but over the 
weekend I watched the replay of the C-SPAN presentation.
  Mr. Speaker, I want to commend the Chair, our good friend from 
Detroit, Michigan (Mr. Conyers), but I also want to commend you on the 
work that you do in and around that area. I will yield you such time as 
you will consume.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I thank the distinguished 
gentlewoman from Ohio. I must say that she is representative of the 
talent and the commitment of members of the Congressional Black Caucus.
  Let me say, Mr. Speaker, that we are very proud of this Congress. We 
are proud of all of our colleagues. We may agree or disagree with our 
friends across the aisle, but we know that they bring to bear great 
talent. We are proud of the Democratic Caucus, with our leadership, 
Speaker Pelosi; Majority Leader Hoyer; Majority Whip Mr. Clyburn; and, 
of course, our chairman, Rahm Emanuel; Vice Chairman John Larson; and, 
of course, the distinguished gentleman who chairs the DCCC, for his 
leadership.
  When we speak of the Congressional Black Caucus, we really speak of 
them in the framework of providing conscious and pointed leadership in 
many areas. I must say that the distinguished gentlewoman from Ohio has 
always reminded us that you can be a benevolent prosecutor. You can 
have the spirited forcefulness that is necessary to ensure that people 
understand that they must follow the law, and that if you do the crime, 
you must do the time. But, at the same time, you can have a sense of 
fairness. I am so proud that she has brought her leadership to this 
place. I will quickly speak of some issues and then move to this 
question of why this is such a crucial special hour.
  Mr. Speaker, as I mentioned, the gentlewoman from Ohio is not only a 
prosecutor and former judge herself, but she likewise now brings that 
to bear on several issues. I am going to speak very briefly about our 
members who engage in criminal justice and homeland security, but she 
is now the chairperson of the Ethics Committee. What a wonderful 
balance, recognizing that we must self-regulate, but yet she is firm 
and fair.
  So, with the 17 cochairs that we have who are members of the 
Congressional Black Caucus, we are able to spread out and have a 
visible impact, from Transportation, Homeland Security, Education, to a 
number of issues that these subcommittee Chairs are engaged in, and 
working with John Conyers, the chairman of Judiciary; the chairman of 
the Ways and Means, Charlie Rangel; and the chairman of Homeland 
Security.
  But let me tell you why I think that we are most relevant to be 
speaking of this, if you will, confirmation hearing tomorrow, because 
members of the Congressional Black Caucus have worked on issues. In 
fact, tomorrow, Madam Chairwoman, we will be holding a hearing on 
selective prosecution, held by Chairman Conyers, because that is 
something that has plagued our judicial system. That is why I am going 
to lead into this circumstance with Judge Southwick.
  Then, of course, there is legislation that we filed, No More Tulias. 
That was a place where the prosecution relied on one police officer, a 
rogue cop, by the way, and I love my law enforcement, I work very well 
with them, who, unfortunately, pointed the finger at 50 African 
Americans or more, who were ultimately prosecuted and went to jail 
because of one officer's testimony, no other witnesses. And this is the 
issue that we face, the politicizing of U.S. Attorneys. John Conyers 
focused on it.
  But my good friends Congresswoman Stephanie Tubbs Jones and Danny 
Davis, and so many of us who were cosponsors, led on the Second Chance 
bill. So she balanced prosecution with recognizing that people should 
have a

[[Page H11828]]

second chance. This came out of the bowels, if you will, of the 
Congressional Black Caucus, the criminal justice system being fair.
  Then, of course, she mentioned the Jena Six. I want to just frame 
this not by the Congressional Black Caucus affirming bad behavior. We 
have sons. We have daughters. We have children. We have children that 
go to schools, public schools. But the question that we just can't get 
over is how three young people that hung nooses that triggered the bad 
feelings then get a pass. Fine. Someone administratively decided we 
want these young people to stay in school. That is their decision. But 
then you take young people of color and you decide that they should be 
in the adult criminal justice system.
  So the African American community looked to the Congressional Black 
Caucus to make a stand. I am delighted that, with the leadership of 
Chairwoman Carolyn Kilpatrick, we have worked with the lawyers, we have 
worked with civil rights activists to keep this before us. The good 
time early release bill, because in the federal system there is no 
parole. Members of the Congressional Black Caucus have focused on 
nonviolent criminals who have been in prison for a period of time 
getting considered for good time early release. We have spent $100,000 
a year, almost, for the 2.4 million people that are in the federal 
system.
  The SCHIP bill was led by convening leadership of Majority Whip 
Clyburn, working with Charlie Rangel. But we stood fast to say: No 
backing down on the SCHIP bill. Of course Bennie Thompson, my 
chairperson, was able to pass for the first time the 9/11 bill.
  That leads me to why we are here talking about Judge Southwick, and a 
personal story. I am a voting rights baby. This district that I 
represent, represented first by Barbara Jordan and then by Mickey 
Leland, would not have existed but for the 1965 Voting Rights Act that 
then provided the representation not at large, but by district.
  Many people don't know that Barbara Jordan ran over and over again in 
Houston, Texas, and lost, because she had to run countywide, citywide. 
It was only when they carved out or were able to get a senatorial 
district that concentrated diverse people, that concentrated 
African Americans, that she was elevated to the State Senate. So the 
Fifth Circuit was the place of first Federal response, beyond the 
district courts, to save us from the discriminatory practices that were 
going on in the South, and Texas is the South.

  So when Judge Southwick has cavalierly used the ``N'' word, and, by 
the way, the NAACP buried that word, and most of us know it is an 
offensive word, despite the first amendment, then I can't imagine that 
the Senate tomorrow is even going to think about affirming this 
individual. Because he ruled that a white employee who had been fired 
for calling an African American coworker a good old ``N,'' he thought 
that that certainly was equivalent to calling somebody a teacher's pet.
  But go back to the Jena Six. That is the same response the Department 
of Justice under Bush gave us, that we didn't think it was important to 
chastise, to admonish, to prosecute three young people who hung a 
noose, and the noose epidemic is going around America.
  So here you want to elevate someone to the Fifth Circuit who believes 
that the ``N'' word is equal to, that it is like ``teacher's pet.'' The 
Mississippi Supreme Court, by the way, unanimously reversed Southwick.
  He has also rejected defense claims that prosecutors struck African 
American jurors based on race. I know it firsthand as a lawyer. We see 
it every day in the Harris County courthouse when the prosecution in 
down-south Houston, Texas, repeatedly rejects African American jurors. 
So that is not the temperament for being on the Fifth Circuit, because 
we appeal those cases to you.
  His expressed views also raised doubts about his ability to rule 
fairly in cases involving the civil rights of gays and lesbians. We 
have gotten past that in the United States Congress. In fact, we 
understand you have employee rights not to be discriminated against in 
the workplace or anywhere in America. What will that do for us to be 
able to have a judge on the Fifth Circuit that has no understanding 
that we are diverse?
  Then, of course, one other point that I am going to make before I 
close, one of the most important privileges is the privilege of being 
in the workplace safe and secure without discrimination, and it has 
been proven that Judge Southwick is not one that supports the rights of 
workers and the victims who suffer personal injury.
  What it means is that you come before his court, obviously on appeal, 
and whether it be a malpractice case or whether if be a huge personal 
injury case, then he has not been warmly received or well received, 
these cases.
  So I would simply ask, when you talk about judicial temperament, for 
those of us who are heavily dependent on the equality and balance of 
the judiciary, I reminded my colleagues and others in the hearing last 
week that the Federal Government is the ``rainy day umbrella.'' That is 
why we were so frustrated with Hurricane Katrina and the response by 
this administration, because we looked to the Federal Government as 
that last stopgap.
  So those of us in the South look to the Federal Government, whether 
it was John F. Kennedy calling down when Martin Luther King was in jail 
or Eisenhower sent the troops into Little Rock, we look to the Federal 
Government. All of us do.
  So you are going to put on the bench someone who is predisposed that 
the ``N'' word is just a ``funny word,'' and then those of us who go to 
the Fifth Circuit on redistricting cases, short of the law that already 
exists, can't expect any relief because why do you ``N'' people need to 
have districts that you are able to vote on someone from communities of 
interest, in essence, or someone who is representative of your 
perspective or your view? That is what we get with the affirmation of 
Judge Southwick.
  So I am going to make a personal plea to Senators who might have 
voted in the committee and whoever wants to take this plea to recognize 
the pain that would be generated from the affirmation of Judge 
Southwick. It is untenable. For those of us who want to hold up this 
flag that I am looking at right now as representative of all of 
America, the Stars and Stripes, that we would allow him to be affirmed. 
Letting him stay where he is, fine. I welcome his continued service. 
But the Fifth Circuit, the next court subject to appeal down from the 
Supreme Court, we cannot afford someone who would be so intolerable 
that they would disrespect workers, disrespect those who would be the 
victims of using the ``N'' word, those who are gay and lesbian who 
deserve the privileges of every citizen, and certainly does not respect 
the right of everyone to serve as a juror in order for someone to be 
tried by a jury of their peers.
  Congresswoman, I am more than appalled that we would be here tonight 
to have to entreat, to encourage, to demand, to cajole, if you will, to 
express outrage, that we have to defend our position for someone who is 
certainly both untenable and certainly seemingly without the 
temperament to judge on behalf of the United States of America. I ask 
my good friends in the Senate, I ask the other body to consider the 
words of those of us who are here on behalf of the Congressional Black 
Caucus and this conscience that America deserves.
  I thank the distinguished gentlewoman, and I hope these words are not 
in vain. Frankly, I hope that we will have a good day tomorrow so that 
we can make America a better place to live.

                              {time}  2030

  Another interesting thing, because the Supreme Court only takes cases 
that they choose, and in the law we use the term certiorari which means 
certification, that the Supreme Court certifies it is an issue that 
they want to take up, the Fifth Circuit Court and all the circuit 
courts become like the Supreme Court for almost every other case that 
will never reach the Supreme Court, and that is what makes a nomination 
to the circuit court even that much more important.
  Ms. JACKSON-LEE of Texas. The gentlewoman has made an excellent 
point, and let me emphasize the word ``supreme.'' It is the top Court, 
nine justices. They selectively select cases they will review. There 
are 11 circuits.

[[Page H11829]]

The circuits obviously are more plentiful than the Supreme Court. And 
sometimes that circuit court, in this instance the Fifth Circuit Court, 
will often be the court of last resort for many.
  Also, before the court was split between the fifth and the 11th, the 
Fifth Circuit Court was the bountiful court of all civil rights cases. 
It covered at that time from Mississippi to Alabama, to both Carolinas, 
Georgia, down through Louisiana and back over to Texas. We were all 
under the Fifth Circuit. It might have even included Arkansas; I am not 
sure of that.
  But all of the civil rights cases, all of these cases that ultimately 
were pursued, some of the cases, some of the old murder cases that were 
not taken up by the State systems ultimately went to the district 
courts and then might have made their way to the circuit court.
  This court is a court of first impression on many civil rights cases. 
When I say that, making the cases end at the Fifth Circuit on many of 
them. In the old days, might I say, the Fifth Circuit of LBJ and 
Carter, those judges understood the pain of civil rights cases. They 
understood the redistricting cases and they understood the Voting 
Rights Act. They understood that they were not making law. They 
understood affirmative action cases.
  You're right, these circuit courts now become courts that are the 
last refuge for many petitioners and litigants.
  And on the jury selection case if you were to take it up on appeal, 
this attitude that African American jurors can be stricken and it is 
not a race question would be devastating. Might I say, the Jena Six 
case was a white judge, was a white prosecutor and an all-white jury 
for Michael Bell. And as I understand it, let me say this on the floor 
so I can correct it if I am wrong, they said that they noticed African 
American jurors. The African American jurors said they didn't get the 
notice, and some who came got there too late and so the jury pool was 
not diverse. If something had occurred that ultimately would be taken 
up on appeal to a Federal court, look who we would have to assess the 
case, Judge Southwick.
  Mrs. JONES of Ohio. I thank Ms. Jackson-Lee for her leadership on 
these issues and for joining me during the Congressional Black Caucus 
hour.
  Let me talk about Judge Southwick for just a few minutes, and then I 
would like to review some of the progress that has been made under the 
leadership of our Chair, Ms. Kilpatrick, in the 110th Congress.
  As we were talking about Judge Southwick, you have to understand this 
will be the first controversial judicial nomination considered by the 
Senate since Democrats took the majority. It has been 10 months since 
the Senate changed hands, and the people expect a difference in the way 
judicial nominations are handled. We don't want to go back to the way 
they were handled under the Republican leadership.
  The Congressional Black Caucus and the civil rights groups warned the 
Senate about Roberts and Alito, yet they were both confirmed. The first 
full Supreme Court term of the Roberts court showed that we are able to 
predict how judges will act or respond on civil rights cases once 
confirmed.
  To confirm a lower court judge in the face of a bad record on civil 
rights will simply be too much to bear. Let me step aside for a moment, 
and I heard my colleague Ms. Sheila Jackson-Lee talk about there being 
a white judge and an all-white jury and a white prosecutor. I served as 
a judge for 10 years in the Common Pleas Court, a general jurisdiction 
court, in Cuyahoga County, Ohio. I served for 3 years as an assistant 
county prosecutor and 8 years as an elected prosecutor. I have been in 
courtrooms where there have been all-white juries, and I will not say 
that an all-white jury cannot be fair. But what the law says is you 
should have a jury of your peers. And the law also says that people 
should not be excluded from a jury just because of their race. I have 
seen an attempt for that to happen in other cases.
  It is so very, very important that if we expect people to follow the 
law and be a part of the law and be a part of the judicial system, that 
they have a belief that the judicial system will be fair. Once you have 
that perception and belief, then you can succumb to the rule of law. In 
this country, so often we see instances where young men and women have 
come before the court and they have not had fairness, and that is when 
it is important to have a circuit court where you can appeal your 
decision in a trial level court to the circuit court for relief.
  The fight in the Fifth Circuit is a fight worth having. It has the 
highest percentage of minority residents, black and brown, of any 
circuit. At the same time, the civil rights jurisprudence is far to the 
right. We have already talked about the Jena Six.
  There is a history with this seat. President Bush is intent on 
placing someone who has a history adverse to civil rights in 
Mississippi sit on this court. Charles Pickering and Michael Wallace 
were nominated, but couldn't get confirmed because of their civil 
rights records. This is the third try by the administration, and the 
pattern is very clear. We believe that the President, if he was really 
paying attention to the people of America, what he would in fact do is 
withdraw this nomination and go on and allow us to have someone who 
would be fair and honest.
  We may not win this battle on a sound bite or our debate on the floor 
of the House of Representatives, but we believe that the Senate, we 
believe that this Senate under the majority, Democratic majority, is 
going to step up to the plate and make the right decision. We expect 
that they will take a look at his background and experience and make 
that decision.
  So I am pleased, as I said, having been a judge, and it is a 
difficult job being a judge. You have to have the right temperament. 
You have to give people the opportunity to present their evidence, and 
you make decisions and rulings on evidence and admissibility and 
whether it is probative, whether it can be prejudicial. And if it is 
prejudicial, is it outweighed by the probative value. And be familiar 
with the rules of evidence such that when you sit in the chair as the 
judge making a decision, and the reason, and it is symbolic, under the 
law, the reason judges wear robes, the robe is supposed to cover the 
human frailty of a judge and allow the judge to step up and be fair and 
set aside any of their background or experience that would be adverse.
  So we are concerned about this judge, Judge Leslie Southwick, and we 
implore the U.S. Senate to not confirm his nomination.
  I am going to close on a few of the accomplishments that the 
Congressional Black Caucus has been involved with over the first 9 
months. We are pleased to have an opportunity to be in the leadership 
role. We fought for minimum wage. Nearly 13 million people will enjoy 
the benefit of an increase in the minimum wage.
  We fought for stem cell research which provides Federal funding for 
research that has the potential to treat sickle cell anemia, diabetes, 
paralysis, Alzheimer's and Parkinson's. And many of these diseases are 
prevalent in the African American community, and we have been fighting 
for them.
  We fought about student loans. I heard on the news today that George 
Washington University will be the first university to publish that 
their tuition and room and board is $55,000, and that the largest 
increase in tuition is actually going to be in public universities, not 
private universities. And we all know that most working-class folks 
send their children to public universities, so we are happy to be in 
the forefront of fighting for student loans.
  We have also been pushing for disadvantaged businesses, disaster 
eligibility in light of what happened with Hurricane Katrina. We fought 
for the Katrina Housing Tax Relief Act of 2007.
  We fought for United States Troop Readiness, Veterans Health and Iraq 
Accountability Act because we understand that there are young men and 
women of all colors fighting over in Iraq and Afghanistan. It is very, 
very important that they have the ability to have the kind of health 
care they need and that this government be held accountable for their 
conduct.
  We have fought for the Gulf Coast Hurricane Housing Recovery Act 
because so many people were left out as a result of Hurricane Katrina 
and Hurricane Rita.
  We fought for accountability in contracting because all of us have 
learned that many of the dollars that have

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been squandered over these past few years under this administration 
have come as a result of contractors not being held accountable.
  We fought for the Hate Crimes Act which provides legal protection for 
churches, synagogues, and mosques against hate crimes.
  We fought for the Farm Nutrition and Bioenergy Act addressing the 
issues around that.
  We stood up on behalf of the Children's Health Insurance and Medicare 
Protection Act, CHAMP. It was defeated in the Senate, and so it really 
didn't get anywhere; and that brought us back to SCHIP, which recently 
was vetoed by the President.
  We want everyone to know that Democrats are going to continue to 
fight to be assured that 10 million children in the United States of 
America have health care coverage.
  We fought on behalf of the Darfur Accountability and Divestment Act, 
and the list goes on. I am so proud to be in the U.S. Congress. I often 
tell people the story that my father was a skycap for 38 years for 
United Airlines and my mother was a factory worker. And for them to 
have the opportunity in a generation to see their daughter serve as a 
judge, a prosecutor, and then have an opportunity and the ability to be 
in the U.S. Congress is just something wonderful.
  I always tell people if I am judged, and we always talk about honor 
thy father and thy mother, that if I am judged on honoring thy father 
and thy mother, I am probably going to get to heaven. Now some of the 
other conduct I've engaged in may keep me out of heaven, but I want to 
say I am pleased and proud to be the daughter of Andrew and Mary Tubbs 
and to represent the Congressional Black Caucus and represent the 
country in the U.S. Congress.
  Lastly, I will say, the first time I had the opportunity to sit in 
that chair where you are, Mr. Speaker, I looked up to my mom and dad 
and said: ``Mom and Dad, look at me now, I am in charge of Congress and 
I'm swinging the gavel.''
  Mr. Speaker, I thank you on behalf of the Congressional Black Caucus.

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