Finally: Senate confirms Judge Southwick

posted at 12:57 pm on October 24, 2007 by Allahpundit

We haven’t blogged much about this but MM was all over it this morning. Bush has been trying to fill this vacancy for years and having his nominees serially borked. Finally he hit on Southwick, whose credentials I’ll leave it to Fred Thompson to relate:

His opponents do not question Judge Southwick’s qualifications to sit on the federal appeals court. Indeed, they cannot. Judge Southwick served on the Mississippi Court of Appeals from that court’s very inception in January 1995 through December 2006. Prior to serving as Deputy Assistant Attorney General for the U.S. Department of Justice’s Civil Division, from 1989 to 1993, he was in a general civil private practice for 12 years. He’s taught law as an adjunct professor at Mississippi College School of Law since 1998. He’s also served his country in Iraq, fulfilling his National Guard duty as Deputy Staff Judge Advocate from August 2004 to July 2005, and then as Staff Judge Advocate until January 2006. Even the American Bar Association, which often treats conservative judicial nominees unfairly, unanimously gave Judge Southwick the institution’s highest possible rating.

So rather than assail Judge Southwick’s legal competency, Senate Democrats, led primarily by Sen. Dick Durbin (D-IL), are instead attacking Judge Southwick’s character. Ignoring his volunteer work with Habitat for Humanity since 1993 and the time he spent as a board member and president of a local Jackson, Miss., charitable organization, Senate Democrats claim that Judge Southwick is racist and anti-homosexual.

The evidence against Judge Southwick? Two decisions he joined while sitting on the Mississippi Court of Appeals. Two, and only two, out of the more than 7,000 cases Judge Southwick heard, and in both of these instances, Judge Southwick had no hand in the writing of the rulings.

Fred got something wrong there, actually. Such is the Democratic leadership’s racial demagoguery these days that they’re not actually accusing Southwick of racism; they’re accusing him of the appearance of racism, which disqualifies him to sit on the south’s Fifth Circuit Court of Appeals, which also isn’t racist but has a prior history of it. Got that? Even by the Dems’ own calculations, there are no actual racist actors here. There’s just a bunch of people who are sort of … “in the ballpark,” which is reason enough to bork him. To quote Chuck Schumer:

Urged by the NAACP Legal Defense Fund, the AFL-CIO and the Congressional Black Caucus, some Senate Democrats who opposed the nomination made their case nonetheless. They said they didn’t believe he is a bigot, but that the 5th Circuit could not afford a judge who has less than an “exemplary” record on civil rights.

“When it comes to the area of race and racism, we have to bend over backwards,” said Sen. Chuck Schumer, D-N.Y., a member of the Senate Judiciary Committee.

“I certainly don’t think he’s a racist,” Schumer added. “His words have to be seen in context. Like it or not when he’s nominated to the Fifth Circuit he’s carrying 200 and some odd years…on his back. That is the issue here.”

It’s a naked power play on his part, to assert a sort of free-floating veto power over judicial nominees on the flimsiest of pretexts. Here’s the roll. Thank the nine Democrats — including the Kleagle, ironically — who broke with their party to confirm him for refusing to hand Schumer that victory.


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And cloture just failed on the DREAM Act. Good day for us in the Senate thus far. Congratulations to Judge Southwick! (And props to those Dems who voted for him).

amerpundit on October 24, 2007 at 12:59 PM

Anyone taking roll call of daily Kos or DU to see how many have gone ballistic today over more democratic failures ?

William Amos on October 24, 2007 at 1:02 PM

Fantastic! Oh happy day!

RushBaby on October 24, 2007 at 1:08 PM

Anyone taking roll call of daily Kos or DU to see how many have gone ballistic today over more democratic failures ?

William Amos on October 24, 2007 at 1:02 PM

Between the DREAM act failing, Southwick being confirmed and Stark apologising- just follow the sound of heads exploding.

Hollowpoint on October 24, 2007 at 1:08 PM

Chuckie Schumer is a menace and needs to be defeated. He is up in 2010, is he not?

Phil Byler on October 24, 2007 at 1:20 PM

Hats off to President Bush and to Judge Southwick for enduring the hellish confirmation process the Democrats have created. This is truly good news and I was more than due for some.

Now lets all pray that at least one liberal seat on the Supreme Court opens up before Bush leaves office. We are too often lulled into thinking conservatives are in control at SCOUS but the fact is, five liberals are still very much in control, they are: STEVENS, KENNEDY, SOUTER, GINSBURG, and BREYER. We need at least one of those seats !!

Maxx on October 24, 2007 at 1:25 PM

OT

Drudge has BLOWN THE LID OFF of Beauchamp and THE NEW REPUBLIC

SHOCK DOCS: THE NEW REPUBLIC ‘SHOCK TROOPS’ STORY COLLAPSES

ordi on October 24, 2007 at 1:28 PM

Chuckie Schumer is a menace and needs to be defeated. He is up in 2010, is he not?

Phil Byler on October 24, 2007 at 1:20 PM

He is indeed. Here’s the list:

Blanche Lincoln Arkansas
Barbara Boxer California
Harry Reid Nevada
Ken Salazar Colorado
Chuck Schumer New York
Ron Wyden Oregon
Patty Murray Washington
Russ Feingold Wisconsin

* Barack “Junk Basket” O’Rookie

Possibly retiring:

Christopher Dodd Connecticut
Daniel Inouye Hawaii
Patrick Leahy Vermont
Barbara Mikulski Maryland
Barack Obama Illinois
Evan Bayh Indiana
Byron DorganNorth Dakota

RushBaby on October 24, 2007 at 1:28 PM

Judge Southwick is an honorable man and is a great judge. His only sin is that he is a white male from Mississippi. According to Schumer and others this enough for the “appearance of racism”. It’s hard out here being Southern…

d1carter on October 24, 2007 at 1:34 PM

Damn, DREAM act fails, Southwick in, and Drudge gets a memo leak on Beauchamp. Awesome.

Bad Candy on October 24, 2007 at 1:36 PM

Chuckie Schumer is a menace and needs to be defeated. He is up in 2010, is he not?

Phil Byler on October 24, 2007 at 1:20 PM

Short of a large scale terrorist attack, it’s a democrat seat.

JiangxiDad on October 24, 2007 at 1:42 PM

Damn, DREAM act fails, Southwick in, and Drudge gets a memo leak on Beauchamp. Awesome.

Bad Candy on October 24, 2007 at 1:36 PM

Yeah, unbelievable! Only thing that could top this is the humping robot vid and a Live Hot Air episode!

RushBaby on October 24, 2007 at 1:42 PM

Damn, DREAM act fails, Southwick in, and Drudge gets a memo leak on Beauchamp. Awesome.

Great news but since the MSM won’t mention any of it, the significance will be lost on the general public, and the celebration will be quiet.

JiangxiDad on October 24, 2007 at 1:43 PM

His only sin is that he is a white male from Mississippi. According to Schumer and others this enough for the “appearance of racism”. It’s hard out here being Southern…

Schmukie’s my senator. Hil too. So remember, it could always be worse. We are on a Michigan trajectory. The middle class is leaving in droves– for the South! Chuckie’s spawn will have no one left here to govern in the future.

JiangxiDad on October 24, 2007 at 1:49 PM

Short of a large scale terrorist attack, it’s a democrat seat.

JiangxiDad on October 24, 2007 at 1:42 PM

not to quibble but isnt the Hillary seat the “RFK” seat ?

The one no one seems to hold for more than one term ?

William Amos on October 24, 2007 at 2:02 PM

This is turning out to be a great day for America.

omnipotent on October 24, 2007 at 2:08 PM

Ah, yes, now it’s become the appearance of “racism,” or the appearance of being a “bigot.” Of course, these allegations are impossible to defend – and that is why they are used.

This nation is lost. That such nauseating people and concepts can dictate from Congress – makes my heart sink. I’ve given up hope for my country.

OhEssYouCowboys on October 24, 2007 at 2:32 PM

not to quibble but isnt the Hillary seat the “RFK” seat ?

The one no one seems to hold for more than one term ?

William Amos on October 24, 2007 at 2:02 PM

Sorry, but I don’t know the reference.

JiangxiDad on October 24, 2007 at 2:37 PM

I’ve given up hope for my country.

Please. We have kids we owe. Maybe it will get much worse before it gets better, but we can’t quit.

JiangxiDad on October 24, 2007 at 2:38 PM

OhEssYouCowboys on October 24, 2007 at 2:32 PM

Don’t give up… don’t ever give up. Hey, Judge Southwick was confirmed even with all the crap. This thing ain’t over.

d1carter on October 24, 2007 at 2:50 PM

Victory.

Victory!

Lawrence on October 24, 2007 at 3:08 PM

Ordi – excellent OT call, you beat me to it by a skosh

AP: please devel into the impending doom of the TNR/Scott Beauchamp story…see RCP and Drudge.

oh, and congrats to Judge Southwick.

Mike D. on October 24, 2007 at 4:11 PM

My bad…AP has already rounded up the suspects to be roughed up on the Be-a-Chump/TNR thingamabob.

carry on.

Mike D. on October 24, 2007 at 4:13 PM

“When it comes to the area of race and racism, we have to bend over backwards,” said Sen. Chuck Schumer, D-N.Y., a member of the Senate Judiciary Committee.

You bend backwards all you want, Chuckie; the problem is you’ve got us bending over frontwards, when it comes to these court vacancies.

smellthecoffee on October 24, 2007 at 5:49 PM

Sorry, but I don’t know the reference.

JiangxiDad on October 24, 2007 at 2:37 PM

In the 1960s Robert Kennedy was elected to a senate seat in NY. He orignally came from Massachusetts but ran in NY because Teddy wanted the Massachusetts seat

Then RFK was killed in 1968 which began a list of one term senators from this seat in NY that mostly went to outsiders (Like Buckley in the 1970s)

Now I think the seat is the one that Hillary is holding. Its a tranditional seat that never seems to re elect anyone to it past one or two terms

William Amos on October 25, 2007 at 9:02 AM