A Price Too High by Judge Charles Pickering

50th Anniversary of the Freedom Riders

2011-05-24T08:02:00.003-06:00

On this the 50th Anniversary of the Freedom Rides into Mississippi, Governor Haley Barbour apologized to those civil rights champions for their treatment and thanked them for helping to make a difference for Mississippi.

He also thanked those who asked him to be a part of this: Former Mississippi Supreme Court Justice Reuben Anderson, Retired U.S. Fifth Circuit Court of Appeals Justice Charles Pickering, former Ambassador John Palmer, Congressman Bennie Thompson, Jackson businessman Leroy Walker and Atlanta businessman and Freedom Rider Hank Thomas.

Carroll Justice Gartin Building

2011-05-20T09:35:00.004-06:00

Retired U.S. Fifth Circuit Court of Appeals Judge Charles W. Pickering Sr. will be offering thoughts and memories of his former law partner and former Mississippi Lieutenant Governor Carroll Gartin today at the dedication of the new building to house the Mississippi Supreme Court, Mississippi Court of Appeals, and supporting clerks and legal staff. The Carroll Gartin Justice Building will be dedicated at 10:30am (cst) and can be viewed online at the Mississippi Supreme Court's web site.

Justice Antonin Scalia will keynote the event which will also feature Mississippi Chief Justice Bill Waller, Jr.; Governor Haley Barbour; Chief Judge of the Mississippi Court of Appeals L. Joseph Lee; U.S. Fifth Circuit Court of Appeals Justice James Graves; and others.

The Mississippi Business Journal has a video of clips from the event featuring Waller, Pickering, and Barbour and many who attended: Gartin Justice Building Dedication

Sid Salter writes that Graves faces same "Beltway shuffle" as Pickering

2010-12-02T12:41:00.004-06:00

Sid Salter writes about how the stalling on Justice James Graves reminds him of Charles Pickering's confirmation challenges.

The Senate Judiciary Committee has moved rather slowly on the Obama judicial appointments. Democrats have accused Senate Republicans of “obstructionism” over delays in the confirmation of Graves and other appointees.

It is unfortunate that Graves is being used as a political pawn in this process. But he is neither the first nor the last nominee likely to be caught in the “Beltway shuffle.”

Republicans are quick to point to similar treatment of former President George W. Bush’s nominees who got the stall treatment by Democrats. Mississippians Charles Pickering was famously victimized, as was Appeals Court Judge Leslie Southwick, who faced unfair opposition and partisan attacks, but finally was confirmed.

At least Graves does appear to be headed for a committee vote and confirmation. Pickering has to settle for a temporary recess appointment from Bush.

As it was with Pickering, there is no substantive debate either here in Mississippi or on Capitol Hill that Graves isn’t well qualified for the job. What is at issue for Graves — as it was for Pickering — is the perception of his politics.

Pickering was believed by Senate Democrats to be too conservative and that his political philosophies and religious faith might put him at odds with liberal Democrats on key issues. Graves is believed by Senate Republicans to be too liberal and that his political philosophies might put him at odds with conservative Republicans on key issues.

Hence, the “Beltway shuffle” and the tactics of delay and denial.

Graves deserves to be confirmed. Republican delays and denials of Graves’ nomination will do nothing to help conservative judges who were victimized during their own confirmation battles.

But particularly galling are complaints from Democratic Senate Judiciary Chairman Patrick Leahy, D-Vt., that Graves is a victim of Republican obstructionism. Few members of Congress practice that type of judicial obstructionism more often than has Sen. Leahy and more often than not against Mississippi judicial nominees.

You can read Salter's full column here: Judge Graves, like Pickering, caught in the "Beltway shuffle"

Sowell: Race Card Fraud against Tea Party

2010-07-20T14:26:00.002-06:00

Thomas Sowell writes about the attacks on the Tea Party movement and illustrates it with the attacks on Judge Charles Pickering's confirmation.

Credit card fraud is a serious problem. But race card fraud is an even bigger problem.

Playing the race card takes many forms. Judge Charles Pickering, a federal judge in Mississippi who defended the civil rights of blacks for years and defied the Ku Klux Klan back when that was dangerous, was depicted as a racist when he was nominated for a federal appellate judgeship.

No one even mistakenly thought he was a racist. The point was simply to discredit him for political reasons-- and it worked.

This year's target is the tea party movement.

You can read Sowell's full column here: Race Card Fraud

Charles Pickering speaks to Jones County Republican Women

2010-02-17T16:02:00.002-06:00

Former 5th Circuit Court of Appeals Judge Charles Pickering recently spoke to the Jones County Republican Women’s monthly meeting. The Laurel Leader Call reports: Pickering gives ‘State of the Party’ address

“It’s hard to believe it was five years ago that the Senate through a Democratic filibuster forced me to retire over the issue of abortion,” said Pickering, who noted he hadn’t spoken to the group in 20 years.

“For 14 years, I could not participate in politics,” he said. “But, for years before that, as a member of the Mississippi State Senate and chairman of the State Republican Party, I was frequently in front of the Jones County Republican Women.”

Pickering noted that the Republican Party has taken great strides since he entered state politics in the 1970s.

“They accused the Republican Party in Jones County of being a country club party and said we could meet in a phone booth,” he said. “There were two Republican senators out of 52 in the state. We’ve made tremendous progress since 1970. All but one state office is held by a Republican, but we haven’t done that well on the local level.”

Pickering also discussed a pending lawsuit in California regarding same sex marriage.

TEA Party II - Spirit of 1776 in Laurel, Miss

2009-07-01T18:38:00.000-06:00

Charles Pickering spoke at the TEA Party II - Spirit of 1776 event at the Jones County Courthouse in Laurel, Mississippi yesterday. Here are some excerpts from the Laurel Leader Call:

Sponsored by We Surround Them - Jones County, T.E.A. Party II attracted a large number of citizens from Laurel and the surrounding area fed up with the current state of the nation. T.E.A. stands for Taxed Enough Already, a core of the 9-12 Project and its Laurel-based affiliate.

That message was further elaborated on by guest speaker Charles W. Pickering Sr., a former federal judge for the Fifth Circuit U.S. Court of Appeals. Pickering said the U.S. has shown the “Spirit of 1776” in several areas, such as coming to the aid of other countries and breaking race and gender barriers. However, in other areas the country “has strayed from our moorings and heritage,” he said.

“Judges are now making laws, deciding democracy is too slow and people are not significantly enlightened,” Pickering said. “The Congress and the President are also passing an enormous tax burden on to our unborn children and grandchildren. That is taxation without representation.”

Pickering noted that spending is out of control with the national debt likely to double within 10 years at the current rate. That equates to a further devalued dollar and increased difficulty for young couples purchasing homes, automobiles, etc.

Pickering said the culture war has further polarized America on issues such as abortion, God in the public arena, pornography and marriage. But, he added that there is still hope.

“We can’t solve problems by playing the blame game, using stronger language or a louder voice,” he said. “We must use logic and reason of ideas. We must have politicians who set aside personal interests and partisan gains. It’s not a race and not easy or quick. We have to be in for the long haul if we want to make a difference.”

Pickering concluded by referencing a famous quote from a speech Winston Churchill delivered to a group of students in 1941. “When it comes to reinstilling the ‘Spirit of 1776,’ never, never, never give up.”

Other supporters praised Pickering, who knows firsthand about dealing with partisan politics. “I appreciate Judge Pickering so much not only for what he’s done in Mississippi but for our country,” said James Nichols, a member of We Surround Them - Jones County.

The 9-12 Project is a non-partisan political group that advocates “a return to principles and values in our government and which encourages citizen involvement to let Congressmen know the individual preferences of the voters.” The group has espoused nine principles and 12 values to spread its message.

Pickering to Speak to Laurel Tea Party 6/30

2009-06-26T16:07:00.003-06:00

Judge Charles Pickering will be the keynote speaker at "Tea Party II: Spirit of 1176" on June 30 at 6pm at the Jones County Courthouse in Laurel, Mississippi. The Hattiesburg American reports:

The event is sponsored by the 912 Project of Jones County, a non-partisan political group that advocates a return to principles and values in government. It is open to the public.

Pickering has served as Laurel city prosecutor, a state senator, president of the Mississippi Southern Baptist Convention and a federal judge.

He authored "Supreme Chaos: The Politics of Judicial Confirmation & the Culture War" and "A Price Too High: The Judiciary in Jeopardy."

For more information on the event: 912 Project Hattiesburg

Jacoby on Race in Judicial Confirmations

2009-06-15T12:57:00.003-06:00

In today's Boston Globe, Jeff Jacoby points out the dangers in accusing someone of racial insensitivity pertaining to the Sotomayor nomination, and uses Justice Clarence Thomas and Judge Charles Pickering as examples.

The same malice would be visited subsequently on other conservative judges nominated by Republican presidents. In 1991, Clarence Thomas was slimed as a traitor to his race for having married a white woman, and as a mouthpiece for white supremacists. "If you gave Clarence Thomas a little flour on his face," declared Carl Rowan, "you'd think you had David Duke talking." Judge Charles Pickering, a longtime advocate of racial reconciliation, was defamed by Senator John Kerry in 2002 as a "forceful advocate for a cross-burner" and by Senator Charles Schumer for his "glaring racial insensitivity."

Pickering on Radio

2009-06-04T14:59:00.002-06:00

Judge Charles Pickering will be appear on "On Deadline with Sid Salter" today on Supertalk Mississippi to discuss the Sotomayor nomination. Salter's show is 4-6pm central and you can listen at www.supertalk.fm online.

Alito, Estrada, Pickering & Sotomayor

2009-06-04T14:50:00.004-06:00

This week I wrote about Judge Sonia Sotomayor's nomination and hope Republicans use it as an opportunity to make two contrasts: 1) of judicial philosophies 2) of confirmation processes. Regardless of whether the Republicans will vote against her and whether they could stop her confirmation, they should exaimine her and vote accordingly, but do so in a manner that shows dignity and civility, unlike how Democrats treated Judge Charles Pickering. The spiral of disrespect must stop somewhere, Republicans should have it stop with them. Here is an excerpt from the column:

If Sotomayor believes a justice should drop the scales and pick up the legislative pen and make policy, then Republicans and Democrats alike should oppose her encroachment across the separation of powers and her disregard for the rule of law.

I doubt any Democrats will do so, and I hope Republicans will do so properly.

I would be embarrassed if during her questioning, Republicans dragged Sotomayor through the dirt and treated her like Democrats treated Samuel Alito, whom President George W. Bush nominated to the U.S. Supreme Court. Following Senator Ted Kennedy's (D-Mass) interrogation and accusations against him, Alito's wife had to leave the room in tears.

I would be agitated if Republicans mounted a process fight, attempting to bottle her in committee or filibuster her on the Senate floor like the Democrats did to Miguel Estrada, whom Bush nominated to the U.S. Court of Appeals for the District of Columbia. The Constitution gives the President the power by and with the Advice and Consent of the Senate to appoint federal judges. As a nominee, she should have a hearing and she should have a vote. If Republicans want time to debate, they should exercise those prerogatives, but not abuse them to obstruct her nomination.

I would be frustrated if Republican Senators accused her of racism, like Democratic Senators did to Charles Pickering, whom Bush appointed to the U.S. Fifth Circuit Court of Appeals. Some Democrats were "kinder" just saying that Pickering was "racially insensitive." Certainly had Pickering said a white man could usually make a better decision than a Latina woman, he would have been castigated by vitriolic Democrats. I hope Republicans show more class.

Republicans should treat Sotomayor with dignity in the committee, give her an up-or-down vote on the Senate floor, and refrain from character assassinations. If they do conclude she will not rule according to the word and intent of the Constitution, they should vote against her.

Republicans may not be able to prevent Sotomayor's confirmation, but they can demonstrate in the process a more respectful and responsible way of conducting the Senate than their Democratic colleagues.

Charen on Sotomayor and Pickering

2009-06-02T17:32:00.002-06:00

Mona Charen looks at the nomination of Sonia Sotomayor and reminds us of the nomination of Charles Pickering: "It's Not Fair Casually to Call People Racist".

The nomination of Judge Sonia Sotomayor to the Supreme Court has already achieved a boon for our political culture: It has helped leading liberals and Democrats to discover that being tarred as a racist on flimsy grounds is unfair and deeply unpleasant. Sen. Diane Feinstein (D., Calif.) for example, when asked on Face the Nation to respond to Rush Limbaugh’s and Newt Gingrich’s comments about Sotomayor, said, “That’s an absolutely terrible thing to throw around. Based on that statement — that one word ‘better than’ [sic] — to call someone a racist is just terrible and I would hope that Republicans would not do this.”

Senator Feinstein was right as far she went. She avoided one undeniable fact, though. If a white-male nominee had been discovered to have said something similar — that he was better situated to judge due to his background and life experiences than a Latina woman was — he would be cashiered so fast as to induce whiplash. Those are the unwritten rules that Limbaugh and Gingrich are attempting, one suspects, to expose for their one-sidedness. Nevertheless, the instant labeling of the woman, based on one unwise remark, is hardly fair. If Democrats are learning this now, that’s excellent news. One hopes they will remember this discovery when the wheel turns and a Republican nominee is before the Senate. Certainly they didn’t seem to get it as recently as 2002, when President Bush nominated Judge Charles Pickering to the Fifth Circuit Court of Appeals.

Then-majority leader Tom Daschle (D., S.D.) said Judge Pickering had displayed an “insensitivity to civil rights, to equal rights, especially to minorities. . . . This [nomination] lays bare the administration’s real position on civil rights.” Leading liberal newspapers tolled the bell with headlines like “Extremist Judge Unfit to Sit on Appeals Court” in the Atlanta Journal and Constitution and “Say No to This Throwback” in the Los Angeles Times.

The Democrats succeeded in torpedoing Pickering’s nomination — not to mention assassinating his character. More than “insensitive,” he was called a crypto-racist with a “segregationist past” (Paul Krugman). When President Bush offered Judge Pickering a recess appointment to avoid a Senate filibuster, Sen. John Kerry (D., Mass.) breathed fire: “Here we are, on the weekend before a national holiday when we celebrate Martin Luther King’s birthday, and George W. Bush celebrates it by appointing Charles Pickering, a known forceful advocate for a cross-burner in America, to the federal court of the United States.”

In point of fact, Judge Pickering had been a friend to civil rights throughout his career. To its credit, the New York Times actually quoted longtime associates of the judge and members of the black community in Pickering’s hometown who “overwhelmingly support his nomination . . . and admire his efforts at racial reconciliation.” The black chairman of the city council told the Times, “I can’t believe the man they’re describing in Washington is the same one I’ve known for years.” They recalled that as a young prosecutor in 1967, Pickering had endangered his career (and perhaps more) by testifying in court against the Imperial Wizard of the Ku Klux Klan. He was known for hiring black staffers at a time when few white Mississippians did. Pickering encouraged the chancellor of University of Mississippi to form the Institute for Racial Reconciliation and served on its board for many years. Pickering, unlike some white southerners (and many Democrats currently serving in Congress) chose to send his children to integrated public schools.

Pickering did preside over the trial of three young men who burned a cross on the lawn of an interracial couple. Byron York’s excellent account in National Review reveals that Pickering was dismayed by the Justice Department’s decision to negotiate plea bargains with two of the defendants (including the one Pickering regarded as the ringleader) and recommend no jail time for them, while asking for seven and a half years for the remaining defendant. One of those permitted to plea to a misdemeanor by Justice was clearly a racist who had earlier shot a gun into a black man’s home, gotten into fights with black students at school, and convinced his drunk comrades to burn the cross. Pickering did not think it was just to let him off and sentence the other defendant, for whom this was a first offense, to more than seven years. He sentenced him to 27 months, admonishing the defendant that “the type of conduct you exhibited cannot and will not be tolerated. . . . I would suggest to you that during the time you’re in prison that you do some reading on race relations and maintaining good race relations and how that can be done.”

Yet, without blushing, John Kerry transmogrified Judge Pickering into “a forceful advocate for a cross burner.”

Judge Sonia Sotomayor deserves careful vetting by the Republicans on the Senate Judiciary Committee. She may or may not deserve their vote. But those Republicans should seize this teachable moment to remember all of the fine candidates — Pickering, Miguel Estrada, Robert Bork — and many more who were so shamefully treated by the Democrats who have suddenly discovered the evil of baseless accusations.

Happy Birthday Judge Pickering

2009-05-29T08:30:00.000-06:00

Happy 72nd Birthday to Judge Charles Pickering today.

Pickering Hosts Scalia at William Carey

2009-04-06T20:42:00.002-06:00

The Hattiesburg American discusses the visit of Supreme Court Antonin Scalia to William Carey University in Mississippi.

U.S. Supreme Court Justice Antonin Scalia warned against judicial activism this morning at William Carey University, saying the tendency of judges to liberally interpret the constitution on grounds other than original intent overrides the will of the people.

“There are four justices who have sat beside me who believe that the death penalty is now unconstitutional … and they believe it to be unconstitutional, because they think it ought to be,” he said.

The logical conclusion of such a stance is to take the death penalty “off the democratic stage,” he said.

Retired 5th Circuit Court Judge Charles Pickering gave the introduction, praising Scalia’s commitment to democratic principles.

“He is the most vocal advocate of the proposition that if the meaning of the Constitution is to be changed, it must be changed by the people and not by nine jurists in Washington.”

Pickering at Mississippi Federalist Society Luncheon

2009-03-03T18:01:00.003-06:00

Charles Pickering, Sr. will join other panelists this Thursday at The Federalist Society of Mississippi's luncheon to discuss "The U.S. Senate Minority's Role in Judicial Confirmations." Details are below.

The Federalist Society of Mississippi
Presents a Luncheon Panel Discussion Entitled
The U.S. Senate Minority’s Role in Judicial Confirmations

Panelists

Ed Haden
Partner & Chair, Appellate Practice Group, Balch & Bingham, Birmingham, AL; former Nominations & Constitutional Law Counsel for then Chairman Orrin Hatch, U.S. Senate Judiciary Committee; former law clerk to Judge Grady Jolly, 5th Cir. Ct. Appeals

Jamie Franks
Partner, Wheeler & Franks, Tupelo, MS; Chairman, MS Democratic Party; former State Representative, MS Legislature

Charles Pickering
Senior Counsel, Baker Donelson; former Judge, 5th Cir. Ct. Appeals & U.S. District Court; former Chairman, MS GOP; former State Senator, MS Legislature; author, Supreme Chaos: The Politics of Judicial Confirmation & the Culture War

Luther Munford
Partner & Appellate Lawyer, Phelps Dunbar; former law clerk to Justice Harry Blackmun, U.S. Supreme Court

Thursday, March 5, 2009
12:00 P.M. – 1:15 P.M.
The University Club
210 East Capitol Street, 22nd Floor
Jackson, Mississippi
$20.00 per lunch

To RSVP, contact Gina Barnes at 601-965-8137.

Joe Biden's role in Pickering's confirmation

2008-08-27T16:30:00.002-06:00

Now that Senator Joe Biden (D-Del) has been selected to run for Vice-President on the Democratic ticket, it is a good time to revisit his role in the confirmation battles over Judge Charles Pickering. My column this week in the Neshoba Democrat discusses Biden's role as recounted in Pickering's two books. Here are some excerpts of the column:

Pickering needed a Democrat on the Senate Judiciary Committee to vote to send his nomination (with a positive, neutral, or even negative recommendation) to the full Senate. Later, Pickering needed Democrats to stand against unprecedented filibusters, even if they ultimately voted against him. Both times, Biden made overtures he would help Pickering; both times, Biden folded under political pressure.

A number of Mississippians were close to Biden, his staff, and his brother Jim. Former Governor William Winter and other supporters planned a trip to visit Biden in Washington DC to discuss the Pickering nomination. Biden sent word the trip was unnecessary. Pickering thought this a positive development, until the next shoe dropped: the Democratic offer of an unacceptable deal.

Judge Pickering's son, Congressman Chip Pickering, was in a redistricting fight which combined his district with that of Congressman Ronnie Shows. How the district was drawn would determine advantage in the election between the incumbents. Word came that Biden's vote could come more easily, if Chip would not oppose the Democrats' redistricting plan, and would guarantee Pickering's replacement on the federal district bench would be black.

Judge Pickering scoffed at the deal, "We quit child sacrifice a long time ago." He wrote, "There was no consideration of Chip caving on redistricting. There was no opposition to an African American as my replacement. I believe the Mississippi federal bench needs more diversity....There was a willingness for this to happen, but unwillingness to do a 'quid pro quo'."

Even without the deal, it seemed Biden might still be the necessary cross-over Democrat to get Pickering to the full Senate.

Biden claimed the White House was pressuring him and responded by opposing Pickering.

In his book, Pickering suggests other motives, "First, he wanted to preserve his option to run for president... he didn't want to be the only potential Democrat candidate for president to alienate the Far Left groups by helping get me to the floor. Second, he and his trial lawyer friends from Mississippi had a falling out, removing their influence in his decision-making."

Publically and privately, Biden did not believe Pickering a bad nomination. He rejected racial criticisms of Pickering as well as denying accusations of inequitable sentencing. In private, he told supporters he thought Pickering a good judge who deserved a vote. Biden even approached Senator Trent Lott and told him while he could not vote to confirm Pickering, he would vote to end a filibuster. Biden later confirmed this with the press.

When Republicans regained control of the Senate, Bush re-nominated Pickering, and his nomination went to the full Senate. Biden crawfished again. He claimed he couldn't support Pickering because the White House should not have re-nominated him after the committee failed to act the first time. How Biden expected to keep his commitment to Lott to oppose a filibuster of Pickering, without Pickering being re-nominated, is a question only a lawyer could love.

Biden bent to political pressure rather than doing what he thought was right. He chose party over principle. In the grand scheme, Pickering's nomination was a minor battle. But in the character of Joe Biden, we see a failure to exhibit the courage necessary to honor a commitment to do the right thing.

Read the full column here: Biden's role in Pickering ordeal

Judge Pickering to Deliver MC Commencement

2008-08-01T15:33:00.002-06:00

Charles Pickering will deliver the summer commencement address at Mississippi College.

A former federal judge, author and longtime Republican Party leader, Jackson attorney Charles W. Pickering, Sr. will deliver the summer commencement address at Mississippi College. The August 2 graduation is scheduled at the A.E. Wood Coliseum on the Clinton campus. The event begins at 10 a.m.

It's quite an honor for Pickering to speak to MC's August graduates, said Ron Howard, vice president for academic affairs. "Charles Pickering is a dedicated Christian and distinguished jurist," he said. "His record of service, not only to his state and nation, but also to his church, is peerless."

MC supporters, Howard said, "are especially proud of Judge Pickering for his many efforts to advance racial reconciliation in Mississippi."

(Read the full MC press release here.)

Mississippi College Commencement Speaker

2008-07-02T06:45:00.004-06:00

Judge Charles Pickering will be the commencement speaker for Mississippi College at the August 2 graduation at the A.E. Wood Coliseum on the Clinton campus.

It's quite an honor for Pickering to speak to MC's August graduates, said Ron Howard, vice president for academic affairs. "Charles Pickering is a dedicated Christian and distinguished jurist," he said. "His record of service, not only to his state and nation, but also to his church, is peerless." MC supporters, Howard said, "are especially proud of Judge Pickering for his many efforts to advance racial reconciliation in Mississippi."

Drake Law Review

2008-06-24T12:15:00.001-06:00

Charles Pickering has written the foreword to the latest edition of the Drake Law Review: The Intersection of Personal Convictions and Federal Judicial Selection.

The Obama Court

2008-05-15T08:14:00.003-06:00

In my column today in the Madison County Journal, I write about the difference between a John McCain judiciary and a Barack Obama judiciary. Here is an excerpt:

Pickering, Wallace, and Southwick believe in the Constitution; they believe we are a nation of laws and not of men; they believe role of a judge is to interpret the laws and Constitution as written, and not to legislate from the bench or impose their own beliefs and values onto others through their rulings.

Senator John McCain shares that perspective.

Last week in a speech on his judicial philosophy delivered at Wake Forest University, McCain promised if elected President: "I will look for accomplished men and women with a proven record of excellence in the law, and a proven commitment to judicial restraint. I will look for people in the cast of John Roberts, Samuel Alito, and my friend the late William Rehnquist - jurists of the highest caliber who know their own minds, and know the law, and know the difference. My nominees will understand that there are clear limits to the scope of judicial power, and clear limits to the scope of federal power. They will be men and women of experience and wisdom, and the humility that comes with both. They will do their work with impartiality, honor, and humanity, with an alert conscience, immune to flattery and fashionable theory, and faithful in all things to the Constitution of the United States."

Sen. Barack Obama, who appears to be inching toward the Democratic nomination, told a very different philosophy to CNN in a recent interview: "What you're looking for is somebody who is going to apply the law where it's clear. Now there's gonna be those five percent of cases or one percent of cases where the law isn't clear. And the judge has to then bring in his or her own perspectives, his ethics, his or her moral bearings. And in those circumstance what I do want is a judge who is sympathetic enough to those who are on the outside, those who are vulnerable, those who are powerless, those who can't have access to political power and as a consequence can't protect themselves from being being dealt with sometimes unfairly, that the courts become a refuge for justice. That's been its historic role. That was its role in Brown v. Board of Education."

Obama is a former constitutional law professor. He knows what he is saying. Obama believes a judge should interpret vague laws based on his own opinions, his own ethics, his own values, and weight those beliefs in favor of the underdog. That is the essence of liberal judicial activism.

Judges appealing to their own perspectives, ethics, and morals ruled in Dredd Scott v Sandford that blacks were not citizens; and judges seeking the law in themselves - as Obama advocates - ruled in Plessy v Ferguson to create separate but equal policies.

Some may say it is absurd to put Obama on the same side as these horrendous Supreme Court rulings. However, if activist judges had not ignored originalism in the former, nor disregarded the Fourteenth Amendment in the latter, America's journey to equality would have been achieved earlier.

When we become a nation of men and not laws, even if those men have good intentions, we have injustice.

You can read the full column here: PERRY/Exercising judicial restraint

Pickering on McCain's "Gang of 14"

2008-05-06T17:39:00.004-06:00

The Republican National Lawyers Association and Southern Appeal both mention Judge Pickering's view on the Gang of 14.

There is no way you can look at that agreement as a Democratic victory. Two days after the Deal was announced, Owen was confirmed by the Senate. Two weeks later, Brown was confirmed, and the next day the Senate confirmed Pryor. These confirmations were exactly what President Bush and the Republicans had tried to accomplish for five long years and the Democrats had blocked.

The confirmation of Chief Justice Roberts and Associate Justice Sam Alito --two exceptionally capable and conservative jurists-- were made relatively easy because of the "Gang of Fourteen Agreement."

Judge Pickering wrote extensively on the Gang of 14 in Supreme Chaos and while it wasn't an ultimate solution to the trench warfare over the judicial nominations, he did believe it to be a strategic no-lose situation for Republicans. The Gang of 14 Republicans agreed not to use the "Constitutional" or "nuclear" option and the Democrats agreed not to filibuster. But with no filibuster there was no occasion for Republicans to employ their parliamentary tactic. Pickering writes:

In a sense, the seven Republicans made an empty gesture in the agreement. If the Democrats did not filibuster, there would be no reason or occasion for the Republicans to vote for the constitutional option. In essence, the Republicans ceded nothing...But as a whole, the deal allowed the confirmation of Republican nominees and raised the filibuster threshold for the future...The American people and the Senate had grown tired of the special-interest groups fighting every day for five years to keep Bush's nominees off the Courts. And with the new Gang of 14 threshold in place, the climate of debate had changed.

Michelle Malkin speaks at Pickering Honors Institute

2008-04-07T10:22:00.002-06:00

The Hattiesburg American notes that Michelle Malkin will be speaking at the The Charles Pickering Honors Institute at JCJC today.

The Charles Pickering Honors Institute and the Rho Sigma Chapter of Phi Theta Kappa invite you to hear Michelle Malkin, syndicated columnist, blogger and Fox News consultant, at 10:30 a.m. today in the Fine Arts Auditorium at Jones County Junior College. Malkin will speak on the war against terrorism and explain why she thinks our country is still vulnerable.

Novak - No

2007-12-01T10:36:00.000-06:00

Novak writes that Barbour will not appoint Charles Pickering to the Senate: "Contrary to published reports, there is zero possibility that Mississippi's Republican Gov. Haley Barbour will name 70-year-old retired federal Judge Charles Pickering to the Senate vacancy created by Sen. Trent Lott's impending resignation. Barbour feels Mississippi's tradition is for U.S. senators holding their seats for many years, not temporary seat warmers."

More Senator Pickering Talk

2007-11-30T12:12:00.000-06:00

More talk of a scenario elevating Judge Charles Pickering to U.S. Senator, this time from John Gizzi at Human Events:

There is another twist herein: if the “snap” election is held, Wicker faces the specter of giving up his House seat, losing a Senate race, and being out of office completely. Under those circumstances, one veteran Jackson Republican told me, “Roger would not accept appointment” and, most likely, a stopgap senator would be appointed -- very likely Charles Pickering, retired federal judge and a hero among conservative Mississippians for the way in which his appointment to the U.S. Court of Appeals was thwarted. (Pickering, namesake-father of a U.S. House Member from Mississippi, is a former state senator and state party chairman who lost the GOP primary for the Senate to present Sen. Thad Cochran in 1978).

At 70, the elder Pickering is unlikely to run for a full term and this would open up the race to numerous ambitious Republicans and thereby help the chances of a Democratic powerhouse like Moore.

Mississippi Federalist Society

2007-11-28T11:22:00.000-06:00

Thursday, November 29th, the Mississippi Federalist Society will honor Judge Charles Pickering and present him with their Madison Award. The guest speaker is Alfred S. Regnery, publisher of The American Spectator magazine, founder of Regnery Publishing, and author of Upstream - the Ascendance of American Conservatism. Details follow.

Why the Future of American Conservatism is Bright
Federalist Society - Mississippi Lawyers Chapter
E. Grady Jolly, Charles W. Pickering Sr., Al Regnery

Start: Thursday, November 29, 2007 12:00 PM
End: Thursday, November 29, 2007 1:15 PM

Location:
The Capital Club
125 South Congress Street
19th Floor
Jackson, Mississippi

Speakers:
Alfred S. Regnery, Publisher, The American Spectator magazine and Author of Upstream - the Ascendance of American Conservatism
Hon. E. Grady Jolly, Judge, U.S. Court of Appeals for the Fifth Circuit
Hon. Charles W. Pickering, Judge, U.S. Court of Appeals for the Fifth Circuit Court of Appeals (Ret.) & Senior Counsel, Baker Donelson

Registration details:
To RSVP, contact Gina Barnes at 601-965- 8137 or for more information, contact Brad Prewitt at 662-401-3431. The cost is $13.00.

Senator Pickering?

2007-11-28T08:35:00.000-06:00

While many political observers are waiting to see whether Congressman Chip Pickering will be appointed to or run for the U.S. Senate seat being vacated by Trent Lott, at least some folks are suggesting that Governor Haley Barbour appoint his father, former 5th Circuit Court of Appeals Justice Charles W. Pickering, Sr. It certainly would be intersting for the senior Pickering to be able to confront his former obstructors as Senate colleagues.

US News and World Report posts Bush allies are pushing for Mississippi Gov. Haley Barbour to choose retired federal Judge Charles Pickering, rejected by Democrats for higher office, as Lott's replacement in the Senate. "It would be the biggest in-your-face move if it happened," said one proponent of the move. Pickering was nominated for a federal appeals court post in 2002 but was blocked, in part because of his antiabortion position as well as charges of racial insensitivity. He was renominated and given a recess appointment but eventually withdrew his name. Proponents of picking Pickering, 70, say it would also help to revive the issue of the role of judges and presidential preferences on the eve of the 2008 presidential race.

LTE spreads false charges

2007-11-19T09:12:00.000-06:00

In a letter-to-the-editor in Sunday's Clarion Ledger, Briley Richmond of Ocean Springs, Mississippi defends Mike Wallace but spreads the already refuted charges against Charles Pickering.

Richmond says, "Pickering was law partner to the head of the Sovereignty Commission in 1964."

Bill Minor refuted this charge years ago in a column saying:

Those who cite federal District Judge Charles Pickering's havein practiced law in Laurel during the 1960s with then-Lt. Gov. Carroll Gartin as indiciative of pickering's segregationist past are barking up the wrong tree.

This writer knew almost all of the players on the scene back in those days of racial extremism and Gartin, who died suddenly in 1966, was far from being one of the racists.

Gartin, in fact, was defeated for governor in 1959 after being branded as a "moderate" (a term implying being soft on segregation back then) by the segregationist white Citizens Councils.

Evidently some opponents of Pickering's elevation to the 5th U.S. Circuit Court of Appeals belive it damaging evidence that Gartin, Pickering's one-time law partner, had servedon the infamous state Soveregnty Commission.

For the record, Gartin as lieutenant governor (from 1956 to 1960 and again from 1964 until his suddden death in 1966) was by law designated as ex-officio vice chairman of the Sovereignty Commission, but he had little to do with the commission's operations.

When Gartin ran for governor in 1959 with the backing of progressive Gov. J.P. Coleman, he was a strong favorite to win until the then-powerful white Citizens Councils began flexing their political muscle and elected their chosen candidate, Ross Barnett....

Certainly, if Pickering's association with the late Carroll Gartin is the best "evidence" foes have against his judgeship appointment, they don't have much of a case.

Richmond next charges, "Then, in the early '70s, he used his position in the state Senate to seal the records of the Sovereignty Commission."

Richmond is just reading from anti-Pickering talking points. The vote on the Sovereginty Commission was either to seal the records and preserve them, or to destroy them. The progressive vote was to seal them; the segregationist vote was to destroy them as to hide them from history. Furthermore, Pickering had no involvement with the Commission's actions and he voted to abolish the Commission as a state Senator.

Richmond is right to defend Mike Wallace against his attackers. But he missed the point that these are the exact same people who attacked Pickering with the exact same type of allegations. And just as the lied about Wallace, they lied about Pickering.

A suggestion to Richmond, read the books.

Pickering & Moore at Millsaps

2007-11-08T15:36:00.000-06:00

Millsaps Arts & Lecture Series presents A Look Back, A Look Forward with Charles Pickering and Mike Moore, 7:30 p.m. Tuesday; $10; Millsaps College, Ford Academic Complex Recital Hall, Jackson, Mississippi; (601) 974-1043.

Two Mississippians, both attorneys and public servants, take a look at the November statewide elections and put forward their own interpretations of what happened and what it means. They will also look ahead to the national election cycle of 2008. Former Mississippi Attorney General Mike Moore (1988-2004) filed the first lawsuit against 13 tobacco companies in 1994. Judge Charles Pickering has been Prosecuting Attorney for Laurel and Jones Counties, and was elected to two terms in the Mississippi State Senate. He served as a U.S. District Court Judge for the Southern District of Mississippi from 1990-2004. On January 16, 2004, Judge Pickering was given a recess appointment to the United State Court of Appeals for the Fifth Circuit by President Bush. In December of 2004, he retired from the federal bench to private practice, and is the author of 2006’s Supreme Chaos and 2007’s A Price Too High.

Southwick Confirmed

2007-10-25T07:30:00.000-06:00

WDAM: Southwick To Join 5th Circuit

Clarion Ledger Editorial: Southwick: Judge judged by region's history

Andy Taggart has the vote tallies for cloture and confirmation.

NYT: Judge opposed by Democrats confirmed

Southwick Vote Today

2007-10-24T07:00:00.000-06:00

The Clarion Ledger reports: "The Senate is expected to vote today to end debate on the nomination of Mississippi Judge Leslie Southwick to the federal bench, setting the stage for a vote after weeks of delay....Because some Democrats oppose Southwick's nomination to the 5th U.S. Circuit Court of Appeals, a 60-vote majority will be needed to end debate on the nomination....If all 49 Republicans vote for Southwick, as expected, 11 Democratic votes would be needed to end debate on the nomination and then hold an up-or-down confirmation vote....Several conservative Democrats, including Sen. Ben Nelson of Nebraska, have committed to voting for Southwick to sit on the court to hear cases from Mississippi, Louisiana and Texas....Several Democrats have said they will vote to end debate on Southwick's nomination, including Sens. Dianne Feinstein of California and Mark Pryor of Arkansas....Sen. Joe Lieberman of Connecticut, an independent who usually votes with Democrats, also is expected to vote for cloture."

Pickering confronts his critics

2007-09-23T14:08:00.000-06:00

Sid Salter writes a great piece in today's Clarion Ledger on Charles Pickering and "A Price Too High."

An excerpt from Salter's piece:

In Pickering's second book, he confronts his Senate and special interest tormentors - particularly U.S. Sen. Charles Schumer, D-N.Y., and the group People For the American Way. He does it merely by letting them be hoisted on the petard of their own contradictory comments in their attempts to smear a white Southerner with the false charge of racism....

In A Price Too High, Pickering recounts the behind-the-scenes political machinations on Capitol Hill - including his defense in public and private by his son, 3rd District U.S. Rep. Chip Pickering, R-Flora. But he also writes about the toll it took on his health and on his family.

One particularly powerful chapter focuses on Judge Pickering's March 28, 2004, interview on the CBS news magazine show 60 Minutes with veteran journalist Mike Wallace.

Wallace, feared by politicians and public officials for his ability to get to the truth regardless of the consequence, gave 16.74 million Americans a chance to get to know Pickering and hear what Mississippians had to say about the charges of racism lodged against him by Schumer, the People for the American Way and other critics.

One of the real stars of the 60 Minutes piece was veteran civil rights activist Charles Evers, the brother of slain NAACP field director Medgar Evers. Charles Evers staunchly defended Pickering in front of a national television audience and told of his efforts to battle the Ku Klux Klan in Jones County in the 1960s.

Evers recently read Pickering's second book.

"Unlike those who attacked him in Washington, D.C., I know Charles Pickering personally; and I know his positive record on race relations, civil rights, and equal protection for all," said Evers. "Washington liberals attempted to portray him as a racist; they sickened me. I've been in the fight. I have the wounds. I know the truth. If you are interested in promoting better race relations, you should read Charles Pickering's story."

(Read Salter's Full Piece Here)

Pickering speaks on culture war at JCJC

2007-09-20T10:02:00.000-06:00

From today's Laurel Leader Call:

The first speaker this year for the Rho Sigma Chapter of Phi Theta Kappa’s Honors Topic Lecture Series, Pickering spoke about his new book, A Price Too High: The Judiciary in Jeopardy....Pickering, an alumnus of Jones, told students about two battles that are ongoing in the United States: A culture war that separates historical and religious traditions from modern secularism, and the proper procedure to change the constitution.

Citing passages and life experiences from his book, Pickering gave examples of his ongoing battles, beliefs and solutions to the problems the country faces.

“Judges do not have the power to change the constitution,” said Pickering. “It’s contrary to the will of the American people.”

Pickering shared his belief that an amendment to the constitution is the only way a change should be made, and he said he stayed in the fight for this belief for four years.

....Through attacks from modern secularists against his beliefs, including his Christian faith, he continued to stand by his ideals. Pickering said that faith and the encouragement of family and friends is what sustained him and his wife.

(Read the Full Story Here)

JCJC Phi Thetha Kappa lecture series

2007-09-19T15:37:00.000-06:00

Hattiesburg American: Jones County Junior College kicked off its Phi Theta Kappa lecture series Tuesday with a visit from Charles Pickering...spoke...about the turmoil surrounding his failed appointment to the 5th U.S. Circuit Court of Appeals, a subject he has covered in a new book titled "A Price Too High: The Judiciary in Jeopardy."

....Reading from his book, Pickering said, "In addition to religion, the ghost of Mississippi's past haunted my nomination."

He told faculty and honors students of his stance against abortion, his disdain for the federal judiciary "making laws," and his belief there are too many forces in the nation who want to depose public officials for being open about their religious beliefs. (Read the Full Story)

Gold, Gods and Glory

2007-09-18T08:42:00.001-06:00

Charles Pickering will speak to the inaugural class of the "Charles Pickering Honors Institute" at the Jones County Junior College Fine Arts Auditorium today at 10am.

He will speak on the Phi Theta Kappa International Honor Society's lecture theme of "Gold, Gods and Glory: The Global Dynamics of Power." He will sign books afterward.

(Full Story Here)

Hattiesburg American - Excerpt

2007-09-16T20:10:00.001-06:00

The Hattiesburg American ran this excerpt from A Price Too High in Sunday's paper.

Pickering at Jones County Junior College

2007-09-10T16:00:00.001-06:00

Former federal judge and Jones County native Charles Pickering is returning to his alma mater of Jones County Junior College Tuesday for a free lecture and book signing for students and the general public....Pickering received an associate’s degree from JCJC in 1957 before going on to the University of Mississippi where he received a law degree in 1961....The lecture and book signing will be held in the JCJC Fine Arts Auditorium at 10 a.m. The event is co-sponsored by JCJC’s newly created Charles Pickering Honors Institute and the Phi Theta Kappa International Honor Society. For more information call Honors Institute Director Mark Taylor at 477-4030. (Read the Full Story Here)

Pickering Signs Books in Hattiesburg

2007-09-07T08:49:00.001-06:00

WDAM: Judge Charles Pickering's failed struggle for confirmation for a position on the 5th Circuit Court of Appeals is the centerpiece of a new book....A Price Too High: The Judiciary in Jeopardy, is the story of Judge Pickering's 4-year odyssey through the often-contenious, Senate confirmation process....Tonight, Judge Pickering signed copies of the book at Hattiesburg's Main Street Books. "Abortion was the engine that drove the opposition," said Judge Pickering. "They were so determined to keep the right to abortion on demand, that they were willing to destroy reputations and people," Pickering said. (Read the Full Story Here)

Mississippi Federal Bench Roundup

2007-09-07T07:36:00.000-06:00

SunHerald: Newest federal judge sworn in - Halil Suleyman "Sul" Ozerden, a young attorney from Gulfport, was sworn in Thursday [Aug 23] as the state's newest federal judge...."One of the things I had instilled in me, particularly from my father, was the importance of public service and giving back to your country," Ozerden said. "America is about seizing opportunity and making the most of it." President Bush nominated Ozerden, 40, to replace retiring Judge David C. Bramlette who is taking senior status....Ozerden's father came to America from Turkey in 1963 with a suitcase and $100. "But he also came with the American dream and when you have that you can accomplish anything," Ozerden said. The new judge still has his father's old suitcase and naturalization certificate, which he plans to hang in his new office, "as a reminder never to take for granted the special rights and privileges we have in this country." (Read the Full Story)

Baton Rouge Advocate: Senate vote urged on 5th U.S. Circuit nominee - Two prominent Republican senators on Wednesday called for Democrats to allow a vote on the judge nominated to the federal bench in the 5th Circuit Court of Appeals based in New Orleans. The Democrats should allow the nomination of Mississippi Court of Appeals Judge Leslie Southwick to come before the full chamber, said U.S. Sen. Arlen Specter of Pennsylvania, ranking member of the Senate Judiciary Committee.
Specter was joined by U.S. Sen. Orrin Hatch of Utah, former committee chairman. Southwick’s nomination has been held up by Senate Democrats....Specter is hoping to get a vote on Southwick before the end of the month, he said....U.S. Sen. David Vitter, R-La., is expected to support the nomination. A spokesman for U.S. Sen. Mary Landrieu, D-La., said Wednesday she has not decided which way to vote, though she had a good meeting with Southwick. (Read the Full Story)

Tupelo Daily Journal: Aycock closes in on full approval - About 11 a.m. Thursday, as Circuit Judge Sharion Aycock faced down seven people who wanted to make guilty pleas in the second-floor courtroom of the Lee County Justice Center, she received a note from a clerk....The note told her the U.S. Senate Judiciary Committee had approved her in committee and to the full Senate for confirmation as a federal judge...for the U.S. District court seat vacated by Judge Glen H. Davidson....A Senate aide present at the business meeting in Washington said the vote was unanimous. The next step is for the full Senate to vote on the nomination. It's uncertain when that will happen. (Read the Full Article)

The Race Card

2007-09-06T10:09:00.001-06:00

WDAM (NBC: Laurel/Hattiesburg) interviews Charles Pickering prior to a couple of book signings. They ask him about critics who played the race card and this clip has his response.

Filibuster Southwick?

2007-09-05T07:45:00.000-06:00

There is talk of a filibuster of Leslie Southwick's nomination to the Pickering seat on the Fifth Circuit Court of Appeals.

Ana Radelat writes in today's Jackson Clarion Ledger: Southwick's nomination to the New Orleans-based 5th U.S. Circuit Court of Appeals has been bitterly opposed by many Democrats who've criticized the judge's record on civil rights based on decisions he made while serving on the Mississippi Court of Appeals. But opposition to Southwick has not reached the level it had for previous nominees for that seat whom the Democrats were able to block from Senate confirmation - Mississippi Judge Charles Pickering and Jackson lawyer Mike Wallace. Nan Aron, president of Alliance for Justice, said she hoped a Democratic senator would filibuster the nomination, or hold it up by extended debate...."We are not ruling out any technique ... including the filibuster," Aron said. (Read the full story here)

Judge Pickering discusses in depth the filibuster (its history, tradition, rules, motivations) in both his books. Chapter 10 of Supreme Chaos is titled "Filibuster: The Historic and Constitutional Case for Confirmation by Majority Vote" and Chapter 18 of A Price Too High is titled "End the Filibuster: The Constitutional Option."

Pickering notes in A Price Too High that early warnings of a filibuster were ignored during his and other early Bush nominees' confirmation fights: "Republicans did not take the warning of a filibuster seriously. The Democrats didn’t filibuster Robert Bork, and they didn’t filibuster Clarence Thomas. In fact, neither party had ever employed the filibuster to deny confirmation to a nominee enjoying majority support. Blocking nominees in committee was bad enough, but blocking judicial nominees by filibuster would be unprecedented. The Democrats had just taken a licking at the ballot box in part due to their obstruction of judicial nominees. Election losses historically are effective teaching techniques utilized by voters. Those of us who doubted the Democrats would follow through on the threatened filibuster did not comprehend the control that the Far Left—out of the mainstream—special-interest groups held over the Democrats in the Senate." (page 120)

He later notes that the filibuster is purely a political tool because controversial and important nominations have always been dealt with previously: "It is not necessary to filibuster judges who are truly out of the mainstream. History shows us the Senate can discuss, vet, and even defeat contentious Supreme Court nominees without the need of a filibuster. In fact, the Senate has defeated twelve Supreme Court nominees by majority vote without filibuster. Certainly if we can resolve the Supreme Court nominations without filibusters, we can do the same for appellate nominees." (page 250)

Two Items

2007-08-28T09:02:00.000-06:00

The Mississippi Supreme Court upheld the exoneration of decorated Korean War veteran Clyde Kennard who tried to integrate the University of Southern Mississippi. Charles Pickering had presented the petition of exoneration.

Author and activist Richard Viguerie has suggested ten names to replace Alberto Gonzales as U.S. Attorney General, including Ed Meese, William Pryor, Edith Jones and Charles Pickering.

Hattiesburg

2007-08-23T09:08:00.001-06:00

Judge Charles Pickering will sign copies of his book “A Price Too High: The Judiciary in Jeopardy” from 5-7 p.m. Sept. 6 at Main Street Books, 210 N. Main St. in Hattiesburg, Mississippi.

Southwick voted out of committee

2007-08-03T13:07:00.000-06:00

A surprise yes vote from Senator Feinstein passes Southwick out of committee.

C-SPAN BookTV

2007-07-06T15:09:00.000-06:00

This Sunday and Monday, BookTV on C-SPAN2 will discuss "A Price Too High: The Judiciary in Jeopardy."

Sunday, July 8, at 9am
Monday, July 9, at 12am

More details here.

Southwick

2007-07-06T09:59:00.001-06:00

Still being delayed, here is the latest.

Southwick Update

2007-06-20T08:07:00.000-06:00

Sid Salter at Mississippi's Clarion Ledger blogs, "Don't take my word for the partisan character assassination aimed at Mississippi Judge Leslie Southwick. Read what a national group has to say on the subject" and posts a press release from the Campaign for Justice with the headline: "Southern White Male Nominees Face Bias in Senate - Dems’ campaign against Judge Southwick repeats same old charges".

Meanwhile, the Legal Times Blog writes: Conservatives Counterattack For Southwick

Summer Reading

2007-06-18T07:38:00.000-06:00

The Committee for Justice blogs that some liberals may be "engrossed in Al Gore's new book" but "those of you who are more interested in constitutional law and the judicial nominations" should check out three books: A Price Too High by Charles Pickering; Confirmation Wars by Benjamin Wittes; and The Manhandling of the Constitution by Jim Dueholm.

FotF on Southwick

2007-06-18T06:30:00.000-06:00

Bruce Hausknecht, judicial analyst for Focus on the Family, writes about the Southwick situation. Here is an excerpt:

These charges are even more profoundly false and transparent than usual, because they are based on a couple opinions that Southwick didn't even write. And both decisions were correct as a matter of law and appellate practice, but that didn’t' matter to the attack dogs who are seeking to derail the third straight Mississippi nominee for this 5th Circuit seat.

That's right – both Charles Pickering and Michael Wallace were previously nominated by this president for this same seat, then tarred and feathered by the Left with similarly ridiculous treatment as Southwick is receiving now. Apparently liberals look upon white male nominees from Mississippi as whack-a-moles – when one pops up, bam!

Read the full story here.

Southwick delayed

2007-06-15T08:23:00.000-06:00

The Clarion Ledger reports Southwick was delayed again, in hopes that the Demcrats will agree to vote him out of committee with at least a neutral recommendation or even a negative recommendation: either of which still gives the full Senate the opportunity to vote.

The CQ Today report says in part:

Last week, Senate Judiciary Chairman Patrick J. Leahy, D-Vt., suggested that Bush withdraw Southwick’s nomination and instead nominate an African-American candidate and name Southwick to a district court seat....The senator said White House counsel Fred F. Fielding told him June 13 that Bush will not follow Leahy’s advice.

According to both Leahy and Arlen Specter of Pennsylvania, the ranking Republican on the panel, a majority of the committee is against Southwick’s nomination for the 5th Circuit....Specter also has suggested that the panel send the nomination to the floor, even with an unfavorable recommendation, rather than reject it outright. Leahy said that won’t happen.

Congressional Black Caucus (CBC) Chairwoman Carolyn Cheeks Kilpatrick, D-Mich., and another CBC member, Rep. Al Green, D-Texas, appeared in the committee room to buttonhole Democrats before the meeting Thursday. They sat in the audience until Leahy postponed the planned vote.

....Bush has been trying to fill the same 5th Circuit seat since 2001, when he nominated Charles W. Pickering Sr. The next year, a Democratic-controlled Judiciary Committee rejected Pickering’s nomination.

Democrats filibustered Pickering in the 108th Congress. In early 2004, Bush gave Pickering a recess appointment, which lasted until the end of that Congress.

In the 109th Congress, Bush tapped Michael Wallace for the seat. The American Bar Association rated Wallace “not qualified” for the position, and the Senate did not vote on his nomination.

After Bush nominated Southwick to a Mississippi district court seat, he became part of a package of district court picks readied for floor action near the end of the 109th Congress. But the Senate did not vote on the package after Sam Brownback, R-Kan., blocked another nominee in the group, Janet T. Neff, whom Bush had nominated to a Michigan district court. Bush renominated Neff this year, and the Judiciary Committee approved her nomination last month.

Thad Cochran, R-Miss., strongly supports Southwick. “He’s one of the finest lawyers in the state of Mississippi, and it’s pure partisan politics at its worst,” Cochran said.

Southwick vote today

2007-06-14T08:55:00.000-06:00

After a couple of delays, Southwick's nomination to the Fifth Circuit comes up for a vote in the Senate Judiciary Committee today. Mississippi's largest newspaper, the Clarion Ledger, is for him in this editorial.

UPDATE: Southwick vote postponed again. LegalTimesBlog says: Conceding that he didn’t have the votes to pass Southwick out of the committee, Ranking Member Arlen Specter (R-Penn.) asked for Southwick to be held over again until next week. Of the move to wait another week Specter said, “I would like another week, perhaps to waste my time” to find enough votes to pass Southwick to the full Senate floor.

Pickering and Southwick

2007-06-12T10:31:00.000-06:00

Great post and analysis at ConfirmThem.com on the truth against PFAW and the other liberals' attacks on judges like Pickering and Southwick.

City Journal

2007-06-11T08:00:00.001-06:00

Harry Stein writes a great piece in City Journal about "A Price Too High" and Judge Pickering's confirmation fight: "Charles Pickering Gets the Last Word: A maligned civil rights hero, the changing South, and the future of the courts"

Judicial Speech Code

2007-06-07T08:09:00.000-06:00

The Wall Street Journal responds to the Southwick attacks, here are some excerpts:

Move over, Roe v. Wade. The latest liberal judicial litmus test is whether the nominee is willing to repudiate the phrase "homosexual lifestyle." Believe it or not, that's one of the two raps against Leslie Southwick, whose nomination for the Fifth Circuit Court of Appeals comes before the Senate Judiciary Committee today.

After more than five months of Democratic control, Ralph Neas, Nan Aron and other liberal activists are so desperate to prove their relevance that they will grasp at any allegation to put another trophy kill over their mantel. What happens to Judge Southwick's nomination may well preview the fate of other appeals-court nominees in the rest of President Bush's term.

....liberal critics, having scoured his 7,000-plus rulings on the Mississippi appeals bench, uncovered two allegedly hanging offenses. Both were about words that the judge himself never uttered but were contained in decisions he joined--one involving homosexuals, the other race....

The flimsy pretext for stopping Judge Southwick suggests that the judicial left has decided to browbeat Democrats into blocking nearly all Bush appellate nominees. They're hoping to retake the White House in 2008 and want everyone to forget that the current President still has 19 months in office. Only three Bush appointees have been approved this year, and there are currently five nominees for 13 vacancies. At this pace, the confirmation rate won't come close to the 15 appeals-court nominees approved by a GOP Senate during Bill Clinton's last two years.

Judiciary Democrats aren't saying how they'll vote today, but Republicans believe they have the votes to confirm if Judge Southwick's nomination gets to the Senate floor. If the judge loses--or if he's approved in committee and then denied an up-or-down vote on the floor--you'll know Ralph Neas is running the confirmation asylum.

Long Knives out for Southwick

2007-06-01T08:04:00.000-06:00

The left-wing special interest groups have turned up their attacks on Southwick. Excerpts from the piece in today's Clarion Ledger:

"We are looking to the committee to do the right thing," said Nan Aron, president of Alliance for Justice, one of the groups opposed to Southwick's nomination. She also said the committee's acceptance of what she called the first controversial nomination of the new Congress "would set a very dark precedent."

Only one senator has disclosed his opposition to Southwick. On Thursday, Ben LaBolt, press secretary to Sen. Barack Obama, D-Ill., said the senator - a White House candidate - would oppose the nomination if approved by the Judiciary Committee and sent to the Senate floor.

"Senator Obama shares the concerns of his fellow members of the Congressional Black Caucus that Judge Southwick would not adequately defend the rights of workers and enforce civil rights laws, and he opposes his lifetime appointment to the federal appeals court," LaBolt said. "Given the rocky history of appointments to this important seat on the court, Senator Obama believes the president should nominate a consensus candidate who will fairly interpret and uphold the laws of the nation."

Southwick's candidacy is opposed by some of the same groups who helped foster opposition to previous nominees for the seat - retired Judge Charles Pickering and Jackson lawyer Michael Wallace.

Left wing groups in Texas also hit him at press conference.

And from the left's press, The Nation opines: Southwick offers a truly lamentable record of rulings on civil and equal rights and a history that staunchly favors special interests over individual rights and liberties...Southwick has gone out of his way to express troubling views on workers' rights, has joined strikingly homophobic decisions and has voted consistently against consumers and workers in divided torts and employment decisions...The Congressional Black Caucus, Leadership Conference on Civil Rights, People for the American Way, Human Rights Campaign, National Employment Lawyers Association, National Gay and Lesbian Taskforce, Mississippi NAACP and the Magnolia Bar are all calling for his defeat...This is a fight that can be won.

Salter on PFAW

2007-05-31T08:02:00.000-06:00

Sid Salter blogs on "People for the American Way" and their slander of Southwick (and Pickering and Wallace before him):

If there exists an organization in this country that flies under more false colors than People for The American Way, I haven't seen it....This group seems to exist for the sole purpose of assaulting the character of any judge who happens to disagree with their views on abortion. As we've seen in the case of Mississippians Charles Pickering, Mike Wallace, and now Leslie Southwick, People for the American Way will stop at nothing to muddy and sully any judicial nominee with whom they disagree. Since these are Mississippians and Republicans to boot, the quick and dirty method is to accuse them of racism....Today, PFAW are trying to scuttle Southwick's nomination to the 5th U.S. Circuit Court of Appeals as they have those of Pickering and Wallace. The attacks on Southwick are so baseless and ignore the reality of Southwick's life in Mississippi. People for the American Way and Ralph Neas, their leader, have totally misrepresented the lives of these three men simply to further PFAW's own pro-choice agenda. That's fine if that what they want to do, but let's not call anything about these sleazy smear campaigns "the American way." It's the "American way" only if you live in the late Sen. Joe McCarthy's America.

People for the American Way on Southwick

2007-05-30T18:51:00.000-06:00

In this article accusing Southwick of Homophobia and maybe racism, Ralph Neas, President of People for the American Way says, "First Pickering, then Wallace, and now Southwick – Bush has completely struck out on the Fifth Circuit....Just like Pickering and Wallace before him, Southwick appears ready and willing to turn back the clock on fifty years of social justice progress in our nation."

In Pickering's upcoming book he writes about the records of other Bush nominees Miguel Estrada, Janice Rogers Brown, Priscilla Owen, and William Pryor saying, “They are and were all excellent jurists who were treated unfairly. The slander and attack and lies they faced are a price too high for public service; but they endured and they prevailed." Pickering additionally said of Estrada, “He was treated more unfairly than I or any of the other Bush nominees. His confirmation would have been an inspiration and a challenge to immigrants and minorities across our land, and he would have served with distinction in the federal judiciary. Any sensitive and thinking American should be offended by what Far Left special–interest groups did to Miguel Estrada. The price of public service should not be so high.”

People for the American Way are now trying to extract that same high price from Leslie Southwick.

Southwick, Wallace, Pickering

2007-05-29T08:58:00.000-06:00

The Jackson Clarion Ledger writes in an editorial today, "The U.S. Senate Judiciary Committee's postponing a scheduled vote last week on the nomination of Leslie Southwick to a seat on the 5th U.S. Circuit Court of Appeals was not unexpected, given the past politics and posturing by Senate Democrats on the nominations of Charles Pickering and Michael Wallace. But, it's still extremely frustrating....It's clear that no Republican nominee submitted from Mississippi by President Bush will be satisfactory to Senate Democrats and the special interests to whom Democrats are beholden. To be sure, Republicans have engaged in similar tactics in the past against Clinton-era judicial nominees and GOP nominees are now paying the price. But in the process of this futile exercise in politics and posturing, the characters of three good and decent Mississippians have been unjustly assaulted. Southwick, Wallace and Pickering are guilty of one charge - they are guilty of being Republicans with right-of-center views on abortion. But they've been branded by special interests as racists and worse during the confirmation process - a charge that is easy to make against a Mississippian and one that is of a nuclear political nature. In the cases of Southwick and Pickering in particular, the charge of racism is at such odds with their public and personal conduct in Mississippi as to be ridiculous....(Read the full editorial here)

"The Clinton Administration" blogs on this today as well.

Democrats Delay Southwick

2007-05-25T08:18:00.000-06:00

In early 2001, President George W. Bush nominated Judge Charles Pickering to fill a seat on the Fifth Circuit Court of Appeals. Except for the one year that Pickering served on that court with a recess appointment, this vacancy (termed a judicial emergency) has persisted until today. The Democrats delayed, obstructed, blocked and filibustered Pickering. Then the Democrats delayed, obstructed and blocked Mike Wallace who eventually withdrew. Now the Democrats are delaying and obstructing Leslie Southwick. Full story in today's Clarion Ledger.

Pre-Order "A Price Too High"

2007-05-21T15:26:00.000-06:00

Barnes & Noble $27.16 ($24.14 for members)

Books A Million $23.76 ($21.38 for members)

Amazon $22.41

Stroud & Hall $27.16

Buy it at Amazon.com

2007-05-15T09:36:00.000-06:00

Amazon.com is selling "A Price Too High" for $22.41 - you can pre-order it today.

Pre-order "A Price Too High"

2007-05-15T08:30:00.000-06:00

Stroud & Hall is taking pre-orders for "A Price Too High: The Judiciary in Jeopardy."

Here is a preview of the table of contents:

Chapter 1 - Nominated: 2001
Chapter 2 - Choosing Sides: 1960s
Chapter 3 - Abortion: The Engine of Opposition
Chapter 4 - The Attack
Chapter 5 - A Burning Cross
Chapter 6 - As Promised: A “Nasty and Contentious” Hearing
Chapter 7 - Looking for One Vote
Chapter 8 - Confirmation Limbo: Bottled Up in Committee
Chapter 9 - Election of 2002
Chapter 10 - Re-nominated
Chapter 11 - Filibustered
Chapter 12 - Recess Appointment
Chapter 13 - “60 Minutes”
Chapter 14 - Serving on the Fifth Circuit
Chapter 15 - Consequences
Chapter 16 - A Problem that Cries Out for Solution
Chapter 17 - Restoring Civility, Respecting One Another
Chapter 18 - End the Filibuster: The Constitutional Option
Chapter 19 - Procedure for Confirmation
Chapter 20 - Protect the Amendment Process

Here are some advance comments on the book:

"My friend Judge Charles Pickering, a much respected jurist, was in a very real sense martyred for his faith. Senators shockingly refused his confirmation largely because of his expressed Christian views." - CHARLES W. COLSON: Founder, Prison Fellowship

"Charles Pickering Sr. has written an extraordinary book, a healing book at a time when that is what we all need. Senator Chuck Schumer should pay special attention to Chapter Thirteen." - MIKE WALLACE: 60 Minutes

"Having known Charles Pickering for more than thirty years, I watched with frustration and anger as far left groups and liberal senators falsely smeared him and insulted Mississippi. But what he and other conservative judicial nominees endured actually hurt Democrats at the polls and helped assure confirmation of John Roberts and Sam Alito to the Supreme Court. In A Price Too High Judge Pickering shares an intriguing story that every Mississippian and everyone interested in good government should read." - HALEY BARBOUR: Governor of Mississippi and former chairman, Republican National Committee

"Charles Pickering’s four-year confirmation fight gave him a unique perspective of how liberal politicalization of the judiciary seriously threatens the third branch of government. The recommendations in A Price Too High are both reasonable and provocative and will make a positive contribution toward solving a problem that gravely endangers the Judiciary and undermines comity and collegiality in the Senate. This is a must-read for all who are serious about fidelity to the Constitution." - DAVID LIMBAUGH: Attorney and author of Persecution

"Let’s see if I have this right: White northern liberals, who knew absolutely nothing about the real Charles Pickering, maligned him as a bigot who was soft on cross-burners. But African-American civil rights workers in Mississippi know Judge Pickering as a man of great moral courage who took on the KKK back when it was dangerous and who to this day stands for decency and fair play. This tells you a lot about Pickering – but even more about his enemies. For some, public service is a price too high, but not for Charles Pickering." - BERNARD GOLDBERG: Journalist and author of Bias

"Unlike those who attacked him in Washington, D.C., I know Charles Pickering personally; and I know his positive record on race relations, civil rights, and equal protection for all. A Price Too High tells a captivating and compelling story of a young man who came of age in the segregated South, and at the age of 26, fought the Ku Klux Klan when they were strongest. Washington liberals attempted to portray him as a racist; they sickened me. I’ve been in the fight. I have the wounds. I know the truth. If you are interested in promoting better race relations, you should read Charles Pickering’s story." - CHARLES EVERS: Civil rights leader, Brother of slain civil rights leader Medgar Evers, And former mayor of Fayette, Mississippi

You can read a few excerpts of the book here - but Pickering reveals some interesting behind the scenes information you should read in the book, if it isn't mentioned in news reports first.

A Price Too High

2007-04-10T11:11:00.000-06:00

This blog will have book reviews, news, details, and resources concerning "A Price Too High: The Judiciary in Jeopardy" by Judge Charles Pickering. This book, expected in stores mid-year 2007, is a provocative follow up to the 2006 book by Pickering, "Supreme Chaos: The Politics of Judicial Confirmation & the Culture War." For a blog on Supreme Chaos go here.