Happy Birthday Judge Pickering

Happy 72nd Birthday to Judge Charles Pickering today.

Pickering Hosts Scalia at William Carey

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

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

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

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

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

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