For the St. Louis American
Yesterday I was proud to cast my vote against the confirmation of Judge Leslie Southwick to the Fifth District Court of Appeals in Mississippi.
Why? Because I believe that a man who has compared the use of the racial slur “good ol’ nigger” in the workplace to something as harmless as a “teacher’s pet” should not receive a lifetime appointment to a federal court.
Many brave African Americans lost life, limb and dignity to fight against intolerance and for equality. Despite significant progress, our laws often continue to allow the culture of racism to remain and evolve.
Judge Southwick’s record is part of that problem.
As recent as 1994, a white employee of the Mississippi Department of Human Services called an African American coworker a “good ol’ nigger.” The department investigated the matter and found that it was in the agency’s best interest to terminate the employee. She claimed she used the term “jokingly” and filed an appeal. The Mississippi Employee Appeals Board (EAP) reversed the decision, reinstated the employee with back pay and compared the slur to the term “teacher’s pet.”
The Mississippi Court of Appeals, in an opinion joined by Judge Southwick, agreed with the EAP’s decision. That day, Judge Southwick showed what side he’s on with regard to racial equality – the wrong one.
However, it gets worse.
In the 59 cases where an African-American defendant appealed his conviction on the grounds that African Americans had wrongfully been struck from the jury, Judge Southwick denied them 54 times.
Continuing to demonstrate his disregard for equality, Judge Southwick refused to do the same for African-American defendants 10 out of 10 times who claimed they had been prevented from striking white jurors from the jury.
The court Judge Southwick would be appointed to has the opportunity to be a battleground for progress in the fight for civil rights because it has the highest percentage of minority residents of any circuit. And yet the president nominated a man who has an unacceptable record on racial issues.
I am not proud that our laws allowed Judge Southwick to uphold a decision that didn’t do an ounce of justice. I am not proud that we’ve elected a president who deems this man worthy of this appointment. I am not proud that the Senate voted yesterday to confirm that appointment.
Regrettably, during a procedural vote, had there been three more “no” votes, Judge Southwick would not have received a pass from the Senate. Sadly, Missouri only had one vote to stop Judge Southwick.
Federal judges are granted lifetime appointments. When we as elected representatives vote to confirm them we ought to be sure they will be fair. I simply don’t feel that way about Judge Southwick.
Unfortunately, there’s nothing that can be done about that now. All we can do is work together in the future toward the nomination of people who would follow in the footsteps of judges like the great Judge Theodore McMillian, who always made us proud.