Feinstein Asked by Civil Rights Community to Oppose Southwick Confirmation to US Court of Appeals

[courtesy of California Progress Report]

By Doug Lakey

On Tuesday October 9th, a group of more than 30 Californians gathered outside of Senator Dianne Feinstein’s office in San Francisco. Why were they there? To ask Senator Feinstein to vote no on the nomination of Leslie Southwick to a lifetime position on the 5th Circuit Court of Appeals. Regrettably, the senator had voted with Republicans on the Judiciary Committee to send his nomination to the full Senate. Why were these Californians gathered to oppose a judge who will not rule directly on California cases? Because they are fed up with George W. Bush’s court-packing program and hoping that their senator, long known as a champion of civil rights and equality for gays and lesbians, will change her vote when the nomination comes to a vote on the Senate floor.

Tuesday’s rally was organized by the California Coalition for Fair and Independent Judges. The Coalition is comprised of a broad spectrum of the progressive civil rights and public interest communities in California. When the Coalition learned that a vote on the Southwick nomination could happen in October or early November, it sprang into action. Member groups sent action alerts to their members, law professors in California signed a letter asking the senator to re-consider her vote, and petitions were circulated among California groups. The Coalition, with the leadership of Equal Justice Society, Alliance for Justice West Coast Office, National Center on Lesbian Rights, Public Advocates and others, as well as with the powerful assistance of Working Assets, coordinated these efforts and placed banner ads on key California informational and political websites. Though these efforts have been fueled mainly by passion and very little money, the impact is being felt both here in California and in Washington, DC.

Southwick is nominated to a court in which 12 out of 16 seats are held by Republicans. The problem isn’t Judge Southwick’s party, however. The problem is his record. As a judge on the Mississippi Court of Appeals, he voted against workers and consumers in divided decisions 89 percent of the time. A business advocacy group gave him the highest rating of any judge on his court. And in his hearings, Judge Southwick could not think of one time where he made an unpopular decision in favor of the powerless, the poor, minorities or the dispossessed.

Look at Annie Cannon, a woman who suffered debilitating illnesses because of chemicals she was exposed to at work. Judge Southwick argued that the statute of limitations prevented Annie from seeking compensation for her illnesses. Even though doctors didn’t connect her symptoms to her work for almost a decade, Judge Southwick expected Annie Cannon to make that diagnosis in three years. Fortunately for Annie, eight of Judge Southwick’s colleagues disagreed with his reasoning.