Nomination of Controversial Fifth Circuit Nominee Withdrawn

Michael Wallace, a controversial Bush nominee to the U.S. Fifth Circuit Court of Appeals, has asked that his nomination be withdrawn.  An AP report is available via Law.com.  LINK

In a concession to the Senate's new Democratic majority, President Bush won't rename four controversial federal appeals court nominees whose confirmations were blocked last year, Republican officials said last week.

William Haynes, William G. Myers III and Michael Wallace all asked to have their appointments withdrawn, these officials said. Judge Terrence Boyle was informed of the White House's decision, according to an ally.

And:

Wallace's appointment to the 5th U.S. Circuit Court of Appeals drew opposition from Democrats, civil rights groups and the American Bar Association.

Sen. Patrick Leahy, D-Vt., the chairman of the Judiciary Committee, has said only "consensus nominees" are likely to win confirmation under the new Democratic majority -- a declaration that effectively doomed the chances for the four men whose appointments were left in limbo when the Senate adjourned last year for the elections.

Deputy White House spokeswoman Dana Perino said the president was disappointed about the withdrawals.

The Biloxi Sun Herald reports a new nomination by President Bush to the Fifth Circuit.  LINK

President Bush nominated former Mississippi Appeals Court Judge Leslie Southwick to an open seat on the 5th U.S. Circuit Court of Appeals on Tuesday.

Sens. Thad Cochran and Trent Lott, R-Miss., said that Southwick is Bush's choice for the New Orleans-based court. The federal appeals court hears cases from Mississippi, Louisiana and Texas. The nomination must be approved by the Senate Judiciary Committee and the full Senate.

And:

"Leslie is extremely well qualified for this position, and I hope his nomination will move quickly throughout the Judiciary Committee without any significant delays," Cochran said in a statement. "He will be a fair and thoughtful federal judge, and our state will benefit from his leadership and knowledge of the law."

Southwick, a Mississippi appeals judge from 1995 until this year, confirmed the nomination from Jackson, but declined to comment further, saying he needs to "let the process run its course."

Bush had nominated Southwick last year to a U.S. District Court judgeship in Mississippi. The nomination had approval from the Senate Judiciary Committee but hadn't been considered by the Senate.

"It's very important that our state have a presence on this key federal court," Lott said in a statement. "Given his educational qualifications and prior judicial experience, I'm confident that Judge Southwick will serve the 5th Circuit with distinction."

Southwick is a native of Texas and three-decade resident of Mississippi. He studied law at the University of Texas. While on the state appeals court, he took a military leave of absence to serve in Iraq.

Southwick's name was on a list of potential nominees for an open seat that has been difficult to fill by Bush.

A hat tip to Howard Bashman at How Appealing.

Comments

[Congressional Black Caucus]

I urge the President to find a better candidate than Leslie Southwick, whose actions have shown him to be unworthy and insensitive. To allow this nomination to be confirmed would condone and legitimize his obvious disregard for issues that confront minority communities. Southwick made a decision in Richmond v. Mississippi Dept. of Human Services to uphold the reinstatement of a worker who referred to a co-worker as a “good-ole nigger” after a hearing officer found that calling the employee “a good ole nigger’ was the equivalent of calling the employee a “teacher’s pet." Southwick also has a proven pattern of approving peremptory challenges that exclude minorities from juries (striking persons from serving on a jury, usually without giving a reason). Those who serve on the bench must not only have a good judicial temperament and be well-versed in the law, they must also have a sound understanding of what constitutes invidious discrimination, as well as what constitutes a hostile work environment.

We have to assume that people may give us only one clue into their inner-most thinking. We cannot avoid the clues given to us by Southwick in his Richmond v. Mississippi Dept. of Human Services ruling and his rulings on race discrimination in jury selection. These rulings are indicative of Southwick’s willingness to condone overt bigotry and engage in covert discrimination. We cannot ignore this evidence before us-- it must be examined before it is too late and a lifetime appointment is made.

Cragg Hines of the Houston Chronicle was absolutely on target when he compared Southwick to Don Imus. Judges have a necessity to be impartial. Southwick and his Imus-like mentality must not be allowed to serve on the bench in the 5th Circuit, the federal circuit with the highest percentage of minorities. Though we may not have evidence on how he would view other minorities, the evidence we do have tells us this is not a person with an adequate understanding of minority issues. It is essential, knowing what we know now, for the President to rethink and withdraw the nomination of Leslie Southwick to the 5th Circuit Court of Appeals-- Southwick is not the only person available. There are other candidates who are capable, competent, and qualified without this Imus-like mentality and they must be considered.

http://www.house.gov/htbin/blog_inc?BLOG,mi13_kilpatrick,blog,999,All,Item%20not%20found,ID=070603_0678,TEMPLATE=postingdetail.shtml