Southwick confirmed to 5th Circuit

The Senate yesterday confirmed the long-stalled nomination of Leslie H. Southwick to the 5th U.S. Circuit Court of Appeals, overcoming Democratic criticism that the Mississippi judge’s past rulings were potentially racist and homophobic.

In a rare gesture of bipartisanship for the chamber this session, 12 Democrats helped the nomination clear a procedural 60-vote hurdle to reach final consideration.

It won final passage by a vote of 59-38 with support from 49 Republicans, nine Democrats and one independent.

“This is a very significant sign for the American people who are sick and tired of the bickering and partisanship,” said Sen. Arlen Specter of Pennsylvania, the ranking Republican on the Judiciary Committee. “This is a big step on a new page.”

He noted the “courage” of Sen. Dianne Feinstein, California Democrat, who cast the swing vote on the Judiciary Committee that advanced the nomination to the full Senate.

Mrs. Feinstein said Judge Southwick — the third nominee during the seven-year vacancy on the bench — was a “thorough and thoughtful appellate judge” who deserved confirmation.

She expressed hope that the vote would help end years of partisan paybacks over judges, including Republicans denying votes on dozens of President Clinton’s nominations and Democrats repeatedly filibustering President Bush’s picks.

“In this body, what goes around, comes around,” Mrs. Feinstein said.

Republicans say Democrats are “slow-walking” judicial nominations, confirming just five judges since taking control of the chamber in January. The confrontation was acute for the open seat on the 5th Circuit, which includes Louisiana, Mississippi and Texas.

Mr. Bush sent up the Southwick nomination — the president’s third attempt to fill the seat since 2002 — on Jan. 9. By June, the nomination had stalled, prompting Republican leaders to threaten retaliation with a “total shutdown” of Senate business.

Judge Southwick, an Iraq war veteran who was unanimously rated “well-qualified” by the American Bar Association, came under attack from liberal groups, Democratic presidential candidates and the Congressional Black Caucus for what were described as rulings biased against blacks, homosexuals and workers during his 11 years on the Mississippi Court of Appeals.

He was criticized for joining a decision that reinstated a state worker fired for using a racial epithet and one granting custody of a child to the father rather than to the lesbian mother.

The 42-member Congressional Black Caucus objected to the nomination of Judge Southwick, who is white, instead of a black judge to preside over cases in the Deep South.

Senate Majority Leader Harry Reid, Nevada Democrat, echoed the criticism in floor debate prior to the vote.

“Judge Southwick joined decisions that demonstrate insensitivity to, and disinterest in the cause of civil rights,” he said. “His most grievous failure — a failure to give full weight to the vile meaning and history of the N-word — is deeply disturbing and cannot be overlooked.”

Rep. Carolyn Cheeks Kilpatrick, Michigan Democrat and chairman of the Black Caucus, said the vote “will further mar our judicial system and jeopardize the lives and liberties of Americans.”

Senate Minority Whip Trent Lott, Mississippi Republican, said the confirmation vote vindicated his state, “which we feel has been maligned.”

Democrats twice blocked Mr. Bush’s previous choice Judge Charles W. Pickering after charges of racism. They rejected Judge Pickering in a 2002 committee vote and then with a filibuster in 2003 when Mr. Bush again nominated him. After serving briefly on the 5th Circuit bench as a recess appointment, Judge Pickering withdrew his name from a third confirmation fight in December 2004.

Mr. Bush’s next nominee, Michael B. Wallace, also was criticized for a poor civil rights record, and he withdrew his nomination after a September 2006 confirmation hearing.