*ACTION ALERT* NAACP-Opposed Judicial Nominee Leslie Southwick nomination scheduled to be considered by the full U.S. Senate on Thursday

DATE: October 24, 2007
TO: Concerned Parties
FROM: Hilary O. Shelton, Director, Washington Bureau

NAACP URGES SENATE TO OPPOSE 5TH CIRCUIT NOMINEE ON THE FLOOR

THE ISSUE: On August 2, 2007, the Senate Judiciary Committee, by a vote of 10-9, supported the nomination of President Bush's latest nominee to the 5th Circuit Court of Appeals, Leslie Southwick. His nomination will now move to the full US Senate, where he needs a simple majority to be confirmed. Based on Judge Southwick's abysmal record as a judge when considering cases involving race, the NAACP strongly opposes this nomination. The 5th Circuit, which covers Louisiana, Mississippi and Texas has the highest concentration of racial and ethnic minorities in the country.

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Judge Southwick's record as a judge on the Mississippi State Court of Appeals clearly demonstrates that he is an inappropriate nominee for the US Court of Appeals for the 5th Circuit. In one case Judge Southwick joined a 5-4 ruling upholding the reinstatement of a white state social worker who had been fired for referring to an African American co-worker as "a good ole n....." at an employment-related conference. That ruling was later unanimously reversed by the Supreme Court of Mississippi. The NAACP is further disturbed by Judge Southwick's rulings on race discrimination in jury selection. They demonstrate a clear lack of support for, or even understanding of the basic the civil rights of African Americans in the American legal system. Dozens of cases in this area reveal a pattern in which Judge Southwick rejected the claims that the prosecution was racially motivated in striking African American jurors while upholding claims that the defense struck white jurors on the basis of their race.

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While the 5th Circuit Court of Appeals has a history of protecting and even promoting the civil rights of the racial and ethnic minorities living within its jurisdiction, the current court does not appear to be following this trend; indeed they appear more interested in curbing civil rights and retarding civil liberties. Given Southwick's record, he appears prepared to perpetuate this sad trend if confirmed.

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Finally, given Mississippi's long history of racial apartheid, disenfranchisement, interposition, nullification and massive resistance, it is unfathomable that President Bush has not nominated a single African American to serve on the Court of Appeals for the 5th Circuit or any of the district courts during his tenure in office. While it certainly is the President's prerogative to nominate the individuals of his choice to the federal judiciary, and while the NAACP does not advocate the nomination of unqualified individuals simply because of the color of his or her skin, we unequivocally reject the notion that there are no qualified African Americans to fill this vacancy on the 5th Circuit. Leslie Southwick's nomination continues a stark pattern of racial discrimination and racial exclusion in appointments by President Bush in a state and a region that continues to need integration.
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