[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
[[Page H11830]]
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.
____________________