I received the following email this morning from Colors of Change . If you feel so moved—and after doing a little research of your own using the links at the bottom—please call your senator if she/he is on this list. I have become a cynic these past six years and I’m unsure if it makes any difference but still, I called. It only took a moment.
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Dear Aaryn,

Tomorrow, the full Senate will vote on President Bush’s 5th Circuit court nominee, Leslie Southwick. Southwick’s record has been horrible on race and civil rights.1 In 1998, he joined a ruling to reinstate a White social worker fired for calling a Black colleague “a good ole nigger,” upholding the claim that using the phrase was equivalent to calling the colleague a “teacher’s pet”. This is after Southwick fought to keep Mississippi an employment-at-will state, where an employer can fire an employee for any reason.2

Southwick’s rulings and statements show that he is not committed to equal justice and has no place on the 5th circuit court. But one or more of your senators is wavering. Can you take a moment to call them and ask that they vote against Southwick’s confirmation?

Find your senator(s) below:

Arkansas: Blanche Lincoln 202-224-4843, Mark Pryor 202-224-2353
California: Diane Feinstein 202-224-3841 (if no answer, try 415-393-0707)
Delaware: Tom Carper 202-224-2441
Colorado: Ken Salazar 202-224-5852
Louisiana: Mary Landrieu 202-224-5824
Montana: Max Baucus 202-224-2651, Jon Tester 202-224-2644
Pennsylvania: Robert Casey 202-224-6324
South Dakota: Tim Johnson 202-224-5842
Missouri: Claire McCaskill, 202-224-6154

When you call, introduce yourself and say that you’re calling about the Southwick nomination. Tell them that a judge like Southwick who seems unable to uphold the principle of equal justice should not be given a federal judgeship, and that you expect that the senator will vote NO on his confirmation.

Then let us know you called by emailing us at calls@colorofchange.org.

In the case mentioned, the judges’ ruling accepted Bonnie Richmond’s argument that her use of “good ole nigger” was not motivated by racial hatred, but that it was a “shorthand way” of describing the relationship between her colleague and a supervisor.

Two other judges in the case offered strong dissenting opinions and criticized the majority for presenting a “sanitized” version of the findings, stating, “The hearing officer’s ruling that calling [the co-worker] a ‘good ole nigger’ was equivalent to calling her ‘teacher’s pet’ strains credulity… The word ‘nigger’ is, and has always been, offensive. Search high and low, you will not find any non-offensive definition for this term. There are some words, which by their nature and definition are so inherently offensive, that their use establishes the intent to offend.” The Mississippi Supreme Court followed by unanimously reversing Southwick’s ruling.

At his hearing before the Senate Judiciary Committee, Southwick was given the opportunity to address concerns about his record on civil rights. Senator Durbin (D-IL) asked if he could think of one example of an unpopular decision he made in favor of the powerless, the poor, minorities or the dispossessed. Judge Southwick responded, “no.” And in response to a written question posed by Senator Durbin, Judge Southwick indicated that he could not find a single non-unanimous case, of the more than 7000 opinions that he wrote or joined, in which he voted in favor of a civil rights plaintiff.3

Your Senator is wavering, saying they’re not convinced Southwick’s civil rights record is troubling enough to deny his confirmation. They are wrong4 and for them to vote for his confirmation is unacceptable. Bush needs to submit nominees for federal courts who demonstrate a commitment to protecting all Americans. Senators who care about equal rights and equal treatment need to stand against nominees who don’t.

Please call your senator or senators today, and ask them to vote NO on Southwick.

Thank You and Peace,

– James, Van, Clarissa, Gabriel, Mervyn, and the rest of the ColorOfChange.org team
October 22nd, 2007

References:

1. Leslie Southwick: Another Attempt at Judicial Activism

2. Who is Leslie Southwick? American Constitution Society Blog

3. Alliance for Justice Posthearing Report on Leslie Southwick

4. People for the American Way letter to Senators Leahy and Specter