The following letter was faxed today to Sen. Feinstein in opposition to the nomination of Leslie Southwick to the Fifth Circuit.June 5, 2007

The Honorable Dianne Feinstein
The United States Senate
Washington, DC 20510

Dear Senator Feinstein:

Californians for Fair and Independent Judges strongly opposes the nomination of Leslie Southwick to the Fifth Circuit. We are deeply troubled by aspects of his record that raise serious concerns regarding his commitment to civil and human rights and protecting the rights of workers and consumers. Judge Southwick’s position in joining the 5-4 ruling in Richmond v. Mississippi Dep’t of Human Services, excusing a supervisor who referred to an African American co-worker as a “good ole n*****” is deeply disquieting, as is his genuine reluctance to distance himself from this ruling at his recent Senate Judiciary Committee hearing. His record of denying defense assertions that African-Americans are routinely stricken from juries as a result of racial discrimination, while upholding assertions by prosecutors that defendants improperly sought to strike white jurors adds further to our concerns that he lacks the necessary commitment to equal application of civil rights laws necessary to sit on the Fifth Circuit, with its long history of civil rights dockets.

Equally troubling is his position in S.B. v. L.W., a family law case in which he joined in a strikingly gratuitously homophobic concurrence, taking the position - later held contrary to Mississippi law by the Mississippi Supreme Court- that a lesbian mother’s sexual orientation alone was a legitimate reason to deny her custody of her children. Yet again, in the recent Judiciary Committee hearing, Judge Southwick stood by the faulty reasoning in the concurrence and only with the greatest reluctance, after extensive questioning, did he attempt unsuccessfully to address concerns that he might regard sexual orientation as a “lifestyle choice” that would effect his future rulings. Additionally, his record of favoring business and insurance interests over the interests of employees and individuals, as he did in 160 out of 180 published cases, argues strongly against his confirmation.

Californians for Fair and Independent Judges is a statewide coalition of organizations which support a fair and balanced judicial nominating process and oppose an extreme right-wing federal bench engaged in ultra-conservative judicial activism. We support the appointment of federal judges who are open-minded, who view the Constitution as a living document, and are committed to the role of the federal courts in protecting civil rights, individual liberties and the environment, and in guaranteeing due process, equal protection of the laws, the right of privacy and access to justice.

We have been very appreciative of the strong positions that you took in opposing the confirmations of Charles Pickering, Sr. and Michael Wallace to the 5th Circuit seat to which Judge Southwick is now nominated. We know, from your comments opposing these nominations to the same seat which Judge Southwick has been nominated, that you are mindful of the importance which the Fifth Circuit - one of the most heavily minority circuits in the country - has played in protecting civil rights. We share the outrage expressed by the Mississippi NAACP and the Magnolia Bar Association (the African American bar of Mississippi) that this Administration refuses to nominate any African Americans to district or circuit court seats in this heavily minority circuit . Rather, we are forced to conclude, as the Magnolia Bar Association stated in its letter to Chairman Patrick Leahy of May 30, that Judge Southwick’s nomination to the Fifth Circuit “continues a stark pattern of … racial exclusion in appointments by President Bush to the Fifth Circuit and to the federal judiciary in Mississippi.” We are struck by his limited but troubling record in civil rights cases, and by the push for his speedy confirmation, which seems to us similar to the situation first presented by the nomination of Charles Pickering, Sr. We find that we must further agree with Derek Johnson, the president of the Mississippi NAACP, in concluding that “the administration is determined to place a person hostile to civil rights in the Mississippi seat.”

Judge Southwick’s record and his testimony at his confirmation hearing and in answering written questions shows that he does not have the requisite concern for the rights of racial minorities, gays and lesbians, workers and consumers to serve on the federal bench. We strongly urge you to do everything in your power to block his confirmation.

Sincerely,

Californians for Fair and Independent Judges
Californians for Fair and Independent Judges includes:

Susan Lerner, Chair
Committee for Judicial Independence
Los Angeles, CA

Eva Paterson, President
Equal Justice Society
San Francisco, CA

Helen Griego, Executive Director
Mandy Benson, President
California NOW
Sacramento, CA

Linda Cianciolo, Executive Committee
San Diego County NOW

Kate Kendell, Esq.,Executive Director
National Center for Lesbian Rights
San Francisco, CA

Bill Lakin, Executive Committee
Project Freedom of Religion
An affiliate of the Unitarian Universalist Service Committee

Margie Fites Seigle, President & CEO
California Family Health Council, Inc.
Los Angeles, CA

Jamie D. Brooks
Oakland, CA

Aileen Clarke Hernandez
Chair, Coalition for Economic Equity
Oakland, CA

Cc: Senator Patrick Leahy, Chair, US Senate Judiciary Committee