Judicial Speech Code

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

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

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

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.