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Monday, July 30, 2007
Matt Barber :: Townhall.com Columnist
Left Smears War Hero Judicial Nominee
by Matt Barber
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What they lack in originality they make up for in audacity. Once again, obstructionism is the name of the game as Senate liberals use the same tired playbook to block President Bush’s judicial nominees. They have their marching orders from the usual suspects — Moveon.org, the ACLU, the Human Rights Campaign, People for the American Way, yada, yada — and predictably, Senate liberals are dutifully obedient. Since taking control six months ago Democrats have approved a whopping three appellate court judges. They’re not just dragging their feet; they’ve firmly planted them.

Case in point: There’s absolutely no legitimate reason for anyone to oppose President Bush’s nomination of Judge Leslie Southwick to the United States Court of Appeals for the Fifth Circuit. In fact, the Senate has already unanimously confirmed Judge Southwick to his present position as a federal district judge. Not one senator — Democrat, Republican, liberal or conservative — voted against him. Since that time, nothing has changed relative to his suitability.

Senators Harry Reid (D-Nevada) and Judiciary Committee Chairman Patrick Leahy (D-Vermont) even gave their word of honor — for whatever that’s worth — to fellow committee member Sen. Arlen Specter (R-Pennsylvania) that Southwick would be confirmed by Memorial Day. But that was before the liberal special interests weighed in. Reid and Leahy have now broken that promise and, along with other liberal senators, are shirking their constitutional duty to “advise and consent” by stubbornly blocking a fair up-or-down vote on Judge Southwick.

Unfortunately, Judge Southwick has become the target of a shameless and deceptive smear campaign by a handful of extremist left-wing special interest groups. Of course, those groups in no way represent mainstream America. They’re each challenging Judge Southwick’s nomination based upon their own narrow agenda as opposed to consideration for what’s in the best interest of the American people.

By all reasonable accounts, Judge Southwick is exceptionally well qualified and should be immediately confirmed. He has served our country with distinction and honor as an Iraq War veteran after requesting and receiving an age waiver explicitly so he could serve in a combat zone. That should make him a bona fide hero in anyone’s book. Furthermore, Judge Southwick is rated “unanimously well-qualified” by the American Bar Association.

It speaks volumes about Judge Southwick’s eminently qualified status that, despite placing under a microscope nearly 7,000 cases he ruled on during 12 years on the Mississippi Court of Appeals, his critics were able to find only two opinions upon which to base their flimsy opposition. Ironically, Judge Southwick wrote neither opinion.

In one opinion Southwick’s detractors complain of the court’s use of the term “homosexual lifestyle.” According to liberals, that’s a “homophobic” slur, you see. Isn’t it rich that Bill Clinton — that world-renowned homophobe — also used the term “homosexual lifestyle” while announcing his “Don’t Ask, Don’t Tell” policy? Additionally, U.S. Supreme Court Justice Ruth Bader Ginsburg — an off-the-charts left-winger — concurred with the majority decision in Lawrence v. Texas, which also dared to address the “homosexual lifestyle.”

But even more annoying is the fact that — true to form — Judge Southwick’s attackers are once again playing that worn-out race-card. By doing so, they’ve displayed their own anti-Southern-white-male racism for all to see. Because Judge Southwick is a white male from Mississippi, he must be a racist, goes the supposition.

Of course the only case they’ve been able to drum up as evidence of this offensive and defamatory slur against Southwick suggests nothing of the sort. The case involved a state employee’s one-time use of the “n-word” while at work. Rather than exhibiting proof that Southwick is a racist, as his opponents would have you believe, the Southwick court actually ruled that, “unwarranted use by a state employee of any inflammatory or derogatory term when referring to or directly addressing a co-worker is an action that cannot be justified by any argument.”

However, the court ruled that the state cannot apply an, “arbitrary, across-the-board rule” in determining how to discipline that employee. That’s it. For that, Southwick is being falsely portrayed by the left as Larry the Cable Guy’s cross-eyed cousin with a white hood in his pick-up and a rebel flag on his porch.

But there’s good news. Republicans in the Senate have said that — as Larry himself might put it — they’re fixin’ for a fight. They’ve publicly stated that they’re prepared to go to the mat over President Bush’s judicial nominees generally and Judge Southwick specifically.

Still, liberals are laboring under a critical misconception (sorry for stating the obvious). The American people aren’t as stupid and uninformed as they think. They’re becoming more and more aware of Judge Southwick’s impressive credentials and the fact that he selflessly and heroically gave up a lucrative law practice so that he could bravely and honorably defend his country during a time of war.

If liberal senators keep it up, there’s little doubt that the American people will be none too happy with them for denying this good man the fair up-or-down vote he so richly deserves.

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About The Author
J. Matt Barber is Director of Cultural Affairs with Liberty Counsel and also serves as Associate Dean with Liberty University School of Law.
 
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Well, then, let's
see the Repubs fight as they've threatened.

It would start earning the GOP back some credibility, and maybe knock that cockeyed Gang of 14 nonsense into the trash heap where it belongs.

Of course
> Of course, those groups in no way represent mainstream America<

And of course, Matt, neither do you. Ya see, even though mainstream America respects those who serve honorably in our armed forces, only those who are completely brainwashed believe that those soldiers in Iraq like Southwick are defending his country during a time of war. They're defending the Green Zone, home of the largest and most expensive embassy in history of the world, ironically built with illegal labor.
Southwick should be approved, but your premise is as flawed as your blind partisan rhetoric.

Kneejerk reactions to racism
BrianR and CharlieS have taken the usual bait. As soon as a claim of racism is made, attack the claim based on the notion that whenever a charge of racial insensitivity is made, it must be a slur. Well you're wrong here. The ruling in question holds up the argument that a white employee referring to a black employee as a "good ole ni**er" in an office meeting is not "inherently derogatory or demeaning." and that it is in fact akin to referring to her as "a teacher's pet."

Please note the this quotation from the assenting opinion, "...the hearing officer's opinion that calling Varnie Richmond a "good ole ni**er" was akin to calling her a teacher's pet strains credulity, find no basis in reason and would appear to be abritrary and capricious. The word "ni**er" is, and has always been offensive. Search high and low and you will not find any non-offensive definition of this term."

The opinion concludes that "The hearing officer and majority opinion seem to suggest that absent of a near race riot, the remark to too in consequintial to serve as a basis of dismissal. Such a view requires a level of myopia inconsistent with the facts, and with reason.

"It is (1)the remark and (2)the lack of judgement in making it in a professional meeting with top departmental executives, which satisfy the requirement, [that to continue the employee in the assigned position would constitute negligence in regard to the agency's duties...to other state employees.]

"The majority opinion is a scholarly, but sanitized version of the hearing officer's findings and is subject to the same infirmities found in that opinion."

I have no way of knowing whether or not Southwick is a racist, but certainly, no one who believes that calling a fellow employee a ni**er in a deptmental meeting is not a dismissable offense is not someone we want adjudicating from the federal bench.


Additionally, Matt
If you were half as concerned about the firing of Carl Lam, whose investigations led to the conviction of defense appropriation subverter Duke Cunningham and the indictment of CIA #3 man Dusty Foggo, then your concern for defending this country might be taken seriously.

War hero?
He is in the reserves and served in Iraq as a JAG, but isn't calling His Honor a "war hero" a little over the top?

The Left Smears another public servant
So what's new?

This is their job description.

People on the extreme left are emotionally derranged, and can't help themselves.

In their Marxism-induced paranoia, they don't know an enemy from an ally. People who are their sworn enemies, such as Islamic terrorists, they consider to be like themselves, as if hating the United States bonds them together at the hip. Never mind that the Islamie Baloneys want to kill them.

Meanwhile, those of us who want to protect this country, and protect the Left along with it, are hated by them. They hate us in an amazingly irrational way, that can't be explained by anything we have done.

They just hate us according to the lies that their duplicitious leaders feed to them.


The GOP wonders
why blacks are naturally drawn to the democrats? For all its' talk about being the party that has the best interest of blacks in mind, its' actions, such as defending judicial nominees who think firing someone for calling a co-worker a ni**er is abritrary, reveal its' true heart and soul. I'm just waiting for someone here to defend it as freedom of speech, or a blow against political correctness.

WAy to go, Mountain Rose
That is a very good description of the dems/liberals/socialists/commies and their hatred of America!!


Matt Barber's article, and the follow-up
Why is it such a big deal for a light skinned person to use the term "n-----in making an observation and not for a darker skinned person to call me a m-----F-----? I am a WASP who has loudly called a "m-----f-----" on a number of occasions (not only by those of a darker color skin texture either." DON'T TELL ME THAT RACISM GOES ONE WAY.

FYI: I find ANY PERSON who uses either adjectival description EQUALLY OFFENSIVE!!!!!

Matt Barber's article.
In the sentencs beginning, "I am a WASP, I left out the word "been" after the word "has", just so there is no confusion.

I, personally, abhor both terms that I referred to in my first response.

borghe
Freedom of speech is just for you socialist liberals right?

Moronic sheep like you, with your wilted mind would smear(which you have)Jesus if he was an American Patriot(which he would be).

You pretty much represent the lower form of life
that exists in this country & would fit in with
terrorists quite well.
When you SOCIALIST REBELS get through destroying
our country, i hope your brain develops past its
present stage, and realize your errors.

Arbitrary
1. As I read, it is ARBITRARY to dismiss an employee for using a PARTICULAR perjorative. Good laws are very general (our Constitution prohibits Bills of Attainder). For example, how can any impleadment pretend to discriminate between such as, "'hoove," "slope-head," "geek," "stupid," "narrow minded," "liberal," or "nig*er," &tc.? That said, almost any "pervasive" policy or atmosphere of disparagement is a legitimate cause for action.
2. TH community: The etymology of "ni*ger" seems somewhat cloudy to me. My trusty New World Dictionary (World, 1951, College Edition) offers, "A vulgar, offensive term of hostility and contempt, as used by negrophobes." This is pretty much the definition I acquired as a youth. However, I have also come to think that the word's origins were not strictly perjorative, but rather referred to African slaves (or freed men) in America, i.e., Samuel Clemens' well loved "Ni*ger Jim," Huck Finn's companion. Also, numerous citations in Shelby Foote's "Civil War" seem to reflect this 17-19th century colloquial definition. Any comments would be appreciated.
3. "Middle America" is quite the puzzlement! My narrow social life includes a boxcar tavern, the "oldest continuously operating establishment" in the small town of my birth. The clientele spans the population: drug addicted prostitutes to professors emeritus, wheel chaired elders to cocky pool hustlers, silver star veterans to felons, too many alcoholics; Larry and his "boy-friend" are a completely accepted and welcomed couple. The TOLERANCE and community wisdom is quite phenomenal. The spontaneous group identity also expresses its mores, potential violence explicit. "Hey, Buddy, stop yapping. The Professor's girlfriend is black. Wanda will turn you into a steer if he hasn't shot your balls off first!" This is my practice and definition of "Middle America."

P.S. There is a rather unfortunate morality here, that TH's computer, rather than a rational human, decides that I cannot spell "nig*er," but that same computer may!

Missing the Point
The 2 questionable decisions out 7,000 decisions means that 99.9 per cent of his decisions were not questionable. Regardless of what those 2 decisions are about, how they were written, nor what they may have endorsed that some people disagree with, its an outstanding track record! I defy any person writing here to have their own opinions assessed and be as clearly uncontested. Further the argument that once years in the past a person may have endorsed racism so therefor that person is a racist now and forever is specious at best. Its plain stupid at worst, to assume people never change, never made a mistake, never did something in the past that was wrong and that they should have lived a morally and legally perfect life in order to be considered for any government job - including a judgeship. Making a decision based on 2 two opinions alone is clearly not giving a clear evaluation of the candidates record and performance. Which begs the question of the what motives of those who are now raising objections to the candidate might be.

Who in his/her right mind would want to be a appointed to any office considering that the qualification standards as based upon the candidate having lived a flawless and perfect life, never made a single bad or questionable judgment, was never human enough to make a mistake, and never ever recognized his/her errors and changed his/her life accordingly. What is he/she like NOW how does their life's work substantiate to his/her qualifications? None of us qualify for any office by the standard of 100% perfection in all areas of life. And of course not one of us has ever done a thing that we are ashamed of and want no one to know about. Let he who is without sin cast the first stone!

bryce2 shows the left's deceit
The 2:00 AM post by bryce2 purportedly justifying the left's opposition to Judge Southwck only shows the left's deceit in the matter. Mr. Barber points put that Judge Southwick has ruled on 7,000 cases as a Mississippi Court of Appeals judge; yet, the attack on Judge Southwick is based on only two and in the two, Judge Southwick did not write the opinion. The post by bryce2, however, ignores that larger point and pontificates about one of those two opinions in which the Mississippi Court of Appeals held that employers may not use an arbitrary rule in employee disciplinary cases while condemning the use of the "n" word. The post by bryce2, however, ignores that and instead, pontificates as if Judge Southwick approved the use of "n" word. It is simply dishonest on the part of bryce2 and the left.

A question folks ...
have any of you heard of, or can any of you recall a more vile, unprincipled and corrupt collection of U.S. Senators than those liberals currently in office?

To infer that Reid, Schummer, Durban, 'Leakey' Lehey, et al are leaders is to be brain dead.

walt
"A question folks ...
have any of you heard of, or can any of you recall a more vile, unprincipled and corrupt collection of U.S. Senators than those liberals currently in office?"

Certainly! The Republicans before them and most Republicans there now. Remember K street and the failed Senator Santorum and his crowd?? thanks for the great laugh to start my day

Matt
"Unfortunately, Judge Southwick has become the target of a shameless and deceptive smear campaign by a handful of extremist left-wing special interest groups. Of course, those groups in no way represent mainstream America. They’re each challenging Judge Southwick’s nomination based upon their own narrow agenda as opposed to consideration for what’s in the best interest of the American people."

LMAO isn't this what the swift boaters and their offspring have been doing for years LMAO. Matt for you to now whine no fair is really, really telling

SSGTRET
"And I don't care if he served food over in Iraq. The lone fact that he voluntered to go, makes him a hero just like all the rest that have served over there."

Amen I agree with the above

this must stop
The UNCONSTITUTIONAL politicizing of our judges must stop!
"Judge Southwick is rated “unanimously well-qualified” by the American Bar Association." As far as I can tell, no one disapproves, or ever disputes, the findings of the ABA, so why can't we abide by its wisdom and if they pass on a nominee, why can't that nominee get the vote of "advise and consent" from the US Senate which is their responsibility under the US Constitution?
Currently one political party holds the Executive Branch which nominates and the other holds majority in the Congressional body charged with approving nominations so there are two differing political agendas, assumably, at work here...has it changed in our history givern this scenario? Nominate and let the entire US Senate vote to approve or reject, period! Are Liberal Senators affraid that they would not carry a vote of the whole Senate? If that is the case then they ARE opposing the majority will of the people as represented in the votes of their US Senators, but let's stop the gaming.
As far as an ABA nominee being a "racist", well, I try not to play God often; it has always been too damn hard for ME to look into the souls of others. I can tell you there are probably jurists serving now who some would call "racist" but they don't carry their personal beliefs into the courthouse because they are devoted defenders of the law for all. I'd certainly rather have a racist on the bench than a judge who allows liberty to sex-offenders, especially sexual predators of our children! Vermont is a very scenic state, but I'd never raise my kids there, nor in Maryland for that matter.
IF the Democrats take the Executive in 2008, they will not have the 61 votes in the US Senate to prevent Republicans from "payback" when it comes obstructing to their party's judicial nominees, but what happens meanwhile in the country's courts? It seems more and more Federal judicial openings pile up with each succeeding year.

link
i am surprised that no one has provided a link to this ruling Not written by this judge but simply voted with the Majority of the court

all of the sudden he is a rascists not fit to serve ????

pa leaseeeeeeeeee

More of the same
This business of attacking consercative judges is nothing but a continuation of the culture war that is being waged against America by the left wing kooks. They have aboslutely no interest in what is said or by whom;their only interest is in making sure no conservative is confirmed. Can you imagine the furor they would raise if anyone on the conservative side as radical in their views and past decisions as Ruth Bader Ginsberg were to be nominated for the Supreme Court?

When she was nominated, conservatives knew who and what she was, but they approved her because they believe in the Constitution and that the president has a right to his nominees. The left believes they have the right to block anything that they do not want.

The culture war will eventually lead to real shooting war. I'm thinking all the anti-gun left wingers are going to be at a real disadvantage then.

BIG ARCH
Hell KKK BYRD probably strung up a few N*****S in his day as the GRAND POOBA of the KKK but that dont matter to the LIBSCUM thats in charge 0of the worst CONGRESS IN US HISTORY(DEM LED). I think that they ought to be the ones worried about the 08 elections.

Isn't it obvious?
The reason the liberal Dems in the Senate will not confirm a qualified judge to this honorable post is because they are waiting for a hostile takeover of the Oval Office. They figure if they win the next presidential election, they can appoint and confirm any liberal judge they want. Once they control the judicial system, we cease to exist as the nation we are supposed to be. This has nothing to do with the impeccable qualifications of this particular man. It has everything to do with power-and Dems are salivating like rabid dogs.

I find it deliciously ironic that this man is called a racist for the simple reason he is white and from the south. Isn't that racism in itself?

SSGTRET
LMAO same here lucky my medical problems are not cardiac

Folks
Be well must run

Once again ...
.
...the author makes the mistake of arguing the issue (whether the nominee is qualified or not). To Leftists, the issue is not the issue, the REVOLUTION is the issue.

How selective
>The UNCONSTITUTIONAL politicizing of our judges must stop!<

As long as you feel the same way about US attorneys, then fine. Also, please explain what is unconstitutional in this manner.

Just once-
I'd like to see an African American nominee put on the hot seat for racism. I doubt that it will ever come in my day. The constant use of race baiting and class envy is getting old but then, it appears to work for them.

missing the big picture

the qualifications of Judge Southwick are irrelevant as long as the possibility exists that he might be an originalist interpreter of the Constitution.

liberals know that without an activist judiciary, most of their political agenda is dead in the water.

Liberals and Political Correctness
You left wingers amaze me. The issue at hand matters not. Why not just tell the truth? Until our courts are run by athiests and individuals with no sense of what is right or wrong you, the ACLU, Michael Moore & George Soros types will not be happy. It sickens me to see all you have accomplished thus far.

Twisted thinking rules the left
With the parlance of distortions such as this:

-------

bryce2 writes: Monday, July, 30, 2007 4:13 AM
The GOP wonders
why blacks are naturally drawn to the democrats? For all its' talk about being the party that has the best interest of blacks in mind, its' actions, such as defending judicial nominees who think firing someone for calling a co-worker a ni**er is abritrary, reveal its' true heart and soul. I'm just waiting for someone here to defend it as freedom of speech, or a blow against political correctness.
-----------


This is the problem with any race issue in the political arena, inserting such divisive issues:

quote
"why blacks are naturally drawn to the democrats? For all its' talk about being the party that has the best interest of blacks in mind, its' actions, such as defending judicial nominees who think firing someone for calling a co-worker a ni**er is abritrary, reveal its' true heart and soul."
-------
This is racism from this poster in its ungodly and contemptable agenda.

No true constitutional respect can be found in such speech.

"why blacks are naturally drawn to the democrats? ......the party that has the best interest of black"



As much racist as if one said whites are drawn to republicans, the party that has the best interests of whites.

How long will this stuff go on from the political arena in America? Its is contemptable bilge.

When MLK fought for Civil Rights, he was not fighting slander, insults or rude people.
He was fighting institutional racism established law made by the Justice System of the old South, Jim Crow Laws.

Idiots today do not know the difference from what MLK fought against and what he knew was impossible to force on all, political correct speech.
Which is a total criminal mind set against the liberty of all true Americans and our 1st Amendment.
People like this man bryce2 is the true enemy of America.

And these people will use any lie, any strecth of the imaginations to control the liberty of us all.


War hero?
It's too bad that the word hero is cheapened so easily, because for those who actually do perform heroic deeds, they are minimized by the casual use of the term to describe anyone who is deployed.
Your local police, fire and ER techs perform heroic deeds all the time, but we don't generically refer to them as heroes unless we can attach a particular deed to them.
Is it really honest of Barber to suggest that a war hero is being opposed for the judgeship, thereby implying some false notion of anti-military positions?

Pancho
I bet you were lobbying for Clinton's impeachment when he fired all 92 U.S. Attorneys immediately upon assuming office.

Darn, too bad the Congress didn't notice that one, huh?

conservatives continually smear military
month after month i have watched as conservatives smeared any ex-military who dared to come out against this war.

the ex-generals, all the iraqi vets at http://www.votevets.org and to now claim that is the left is self-righteous and hypcritical.

bryce2 et al
I have a feeling it's a waste of time to address bryce2, but it's still worth pointing out that his 2:00 AM post proves his own assertion wrong.

The majority opinion in which Southwick assented was, indeed, predicated on not dictating that there be a single disciplinary response to offensive speech by government employees. The point of the apparently dissenting opinion (which bryce2 calls the "assenting" opinion) is that given the egregious nature of the racial slur in question, the court SHOULD rule that firing the offending employee is the only option.

It doesn't make someone a racist to believe that the COURT should not rule that an office employee was not punished harshly enough for offensive speech. Even if you think the only correct response to someone using the n-word is being fired, it is still a valid point, and nowhere near a technicality, that the COURTS are not responsible for either determining that, or insisting on the implementation of any group's preferences in that regard.

bryce2
So, Judge Southwick went along with the majority in the offensive opinion.

Assuming your definition of the difference between Democrats and Republicans is correct, I guess we can safely assume ALL the OTHER members of the majority were also Republicans. And that ALL Democrat members wrote dissenting opinions, due to their strong instinct to protect Blacks from hearing offensive words.

Gott laugh at bryce2 and other
libs who take a sanctimonious position using the race card, in a case in which it's almost a peripheral issue, and then try to paint conservatism in broad strokes as racist.

I wonder if, in the interest of being consistent, they also despise former Klansman Senator Robert Byrd-(D). I wonder why they also aren't squawking like hell about the racist roots of the Democrat Party itself, the party that tried to keep Blacks separated from their voting rights.


SFASU7392...10:59 post/ Pancho
Well said! Saved me the time of typing it. Pancho, judging by your 2:04am post I assume in the interest of justice, you will fully support the investigation of Diane Feinstein [D] Cal. for steering huge defense contracts to her husband's company while she was chairwoman of the committee. The same crime as "Duke" Cunningham [air ace and genuine war hero]. Oh that's right, Dems just get "reassigned" Republicans go to jail. I guess when it comes to Dems "some are more equal than others". Since Feinstein's crime was committed with her husband it's just a personal matter, right?

LOL, SSGTRET
Yeah, Sarge, of course!

That was irony; I know better than to expect intellectual consistency from liberalism.


sfasu7392
you don't know what you are talking about, US attorneys are always replaced at the beginning of a new presidents term.

they are politicial appointiees.

what is not done is firing them midway throught their term for not doing the politidcanl bidding of the white house.

i guess you don't think justice should be blind.

reagan and bush1 fired the same amount as clinton.

at least try to get your facts right once in a while

oh i forgot conservatives like you don't go by facts only your feelings

Bush's record speaks
Blaming liberals for this is counterproductive when so many Republicans or so called conservatives are unrecognizable now given some of THEIR activity during this administration. ESPECIALLY on illegal aliens.

Neither party is different from the other. And that is THE critical issue of our time from which many other issues stem.
Having said that, Bush has shown that the main qualification he requires is loyalty to HIS principles and goals, not to those of this nation and it's identity.

Bush has appointed, or tried to, some of THE most INCOMPETENT screw ups EVER!
That's why he can't be trusted with this latest effort.
Self agrandizement and the thirst for unlimited political access and power is non partisan.

As usual, libs lie, miss the point
The liberal opposition to Southwick is both off point and a lie.

Southwick's concurrence in the Richmond case was well under the radar before his nomination to the Fifth District Court of Appeals. The leftist opposition, which is being led by Ralph Neas of People for the American Way, has to do with Southwick siding with business over customers and employees. Indeed, from civilrights.org we get the following.

"During his tenure as a Mississippi state court judge, Leslie Southwick, nominated to the U.S. Court of Appeals for the Fifth Circuit compiled a stark and lengthy record of voting on the side of business interests against workers and consumers. "

Yet after reviewing over 7,000 cases what do they come up with? A custody case in which a homosexual mother lost, and the Richmond case.

And they have to LIE about the Richmond case. The decision wasn't based on any judgment about the acceptability of the use of the word "n*gg*r". Richmond had initially been fired by the state agency where she worked for using the word. But the agency reinstated Richmond when the firing was appealed. It was the AGENCY, not the Court, that had determined this was not a firing offense. The majority decision, which was not written by Southwick, merely states that while the use the word is certainly damnable, it is not the Court's place to decide what specific disciplinary action the state agency must take to 'correct' it.

This was in fact an act of judicial RESTRAINT. Yet we get this header from the libs at Save Our Courts:

"Leslie Southwick: Another Attempt at Judicial Activism"

More importantly, despite the left's obsessive anal examination of Southwick's record they were unable to find a single case that supports their main objection to him; that he is too pro-business. They cite the statistic that Soutwick sided with the 'business' over consumers or employees in 160 out of 180 cases, but are unable to cite a single one of those 160 cases in which they can claim Southwick erred even by their own prejudicial standards.




SFASU7392, correct!
They serve at the pleasure of the Prez.

That means they can be fired at any time, with or without cause.

sfasu7392
i notice you skipped the part about every president replacing US attorneys so i will take that as you recognizing that it is a fact.

as far as this situation it is not legal to fire a US attorneys for not being partisan enough and the guy from new mexico inglesis has filed a suit against the bush adminsitration.

every one who was fired was also appointed by bush.

SFASU7392
"Yeah, I rember he blew himself up after picking up a grenade he found while on a picnic and drinking a few beers,which was about the stupidest thing he could have done. The first thing you learn about unexploded ordnance in the military is "DON"T F*CK WITH IT! CALL EOD."

You are a lying sack of fecal matter and with all those medals what a loss Max's injury was to the war effort.

But you hateful cardboard soldiers could care less about or respect medals or honors look at how you cowards used them to cover up Tilman. You disgust me.

LMAO
Look at the title of this column and look at SFASU7392's posting -- amazing

SSGTRET
Surely you do not condone SFASU 7392's attack on Max's service? Look I know and admire the man he does more work getting ready to go to work than most people do all day. Say what you want but his service to the country has been beyond reproach. Disagree with him yes blindly attack his service no...

SFASU7392
As I told you once before you are a dispicable and dishonorable person and I don't think there is anything snide about that at all

borghe
Would you fire a black person for calling a white person the 'M-F' word?
You most certainly would not-because the NAACP
would get YOU fired.

I agree that derogatory names should never be &
i have never used the 'N' ever. But there is a
longer list of words than that.
So, do we write a list and have them posted.

Another point is, only republicans(high profile)
have lost their jobs do to politically incorrect
speech.
And know one can justify that to me.
I have also known it to happen to the 'lower'
tier worker.

pandm
imus was a liberal

Big Arch
http://www.buzzflash.com/contributors/04/02/con04074.html

His Silver Star and the Bronze Star for valorous action in combat, including during the Battle of Khe Sanh on April 4th, 1968 make him a hero. No big arch stop attacking the honorable service of military veterans it makes you a coward and completely dishonorabl

folks
have a good day and be well

big arch
you are wrong i looked it up this morning .

you don't know what you are talking about.

And
>The Constitution gives the President the authority to fire the Attorneys for any reason at all or for no reason,<

That same Conctitution gives the Congress the authority to support or oppose a President's judicial appointments for any reason at all or no reason at all.


big arch
you are wrong i looked it up this morning .

you don't know what you are talking about.



here are the facts

A Department of Justice list noted that "in 1981, Reagan's first year in office, 71 of 93 districts had new U.S. attorneys. In 1993, Clinton's first year, 80 of 93 districts had new U.S. attorneys." Similarly, a Senate study noted that "Reagan replaced 89 of the 93 U.S. attorneys in his first two years in office. President Clinton had 89 new U.S. attorneys in his first two years, and President Bush had 88 new U.S. attorneys in his first two years

Makes me sick
to see Republicans dishonoring a true American hero, Max Cleland. You people are the lowest scum imaginable, you're ruining my country. Move to NK, where the ideology better fits you right wingers who like to abuse our military heroes. Sickening little *ussies.

religiouslib
Spreading misinformation again? Clinton fired all 93 AG's his first week in office. Citing numbers as to when they were replaced is dishonest.

Posters here have affirmed my posts
Many here have gone thru even more contortions than Southwick and associates in their defense of Richmond's reinstatement. At least those who have put forth an argument based on the case at hand. Most, predictably, have simply stuck their fingers in their ears and yelled...smear, smear, smear, the usual reaction here to any claim of racial bias. And of course there are those who immediately label myself and others as the real racists because we dare to suggest that racial insensitivity still exists at the highest levels of the judiciary, all the while invoking MLK's vision of a color blind society.

A hint, just saying the words colorbling and citing MLK does not mean racial insensitvity is a thing of the past.

Oh by the way, I also despise Sen. Byrd and am ashamed that he has not been pilloried by the Democratic party.

yankee
You are already SIC

And only Liberal Rebels like you try to bring dowm American heros.

bryce2 - - knee (jerk) reactions

Your contention is that it's PC to jail, fire or otherwise degrade someone who used the wrong word.

Of course it's OK if "they" use that word or any other pejorative that comes to "their" mind.

How pejorative do you think it is for tens of thousands of "illegals" to parade their flags through our streets and raise signs saying that THEY have rights.??.

Is it only minorities which have special rights that the rest of us don't have.??.

Your condemnation of the judge stinks to high heaven. By the way, punk, I am married to a minority.........



It does no good to screech...
...and call democrats coward, liars, scum, etc. No matter how mad you get, no matter how loudly you protest, your day is done. The American people have caught on. Your president will step down as the most disgraced president since Nixon, and he will be replaced by a Democratic president. The Democratic majorities in the house and senate will increase. It will be 20 years before the Republican party regroups. Everyone commenting here today knows it is inevitable. Trying to plant a few more conservatives in the judicial branch might help a little around the margin, but in the end it is useless to struggle. Lie down before you sprain something.

onceamarine
Please do not put words in my mouth. What I contend is that for this judge to uphold the contention that firing someone for calling a fellow employee a ni**er is arbitrary displays a level of racial insensitivity and lack of reason that should disqualify him for a seat on the federal judiciary.

Obviously, since you are one who believes in name calling this point will lost on you.

I was just thinking...
Now that we know Supreme Court Chief Justice Roberts has epilepsy, when can we expect Rush Limbaugh to mimic his seizures for laughs? maybe even call him a faker? Just wondering.

Bryce2

I think he is a big enough man to handle your opinion. Fire the man, sure, and run all the protesters back over the border while you are at it.

Fair is fair. Let's see if your candidate for court of appeals judge doesn't have something in his background that would make him "attackable".

""the court ruled that the state cannot apply an, “arbitrary, across-the-board rule” in determining how to discipline that employee.""

""despite placing under a microscope nearly 7,000 cases he ruled on during 12 years on the Mississippi Court of Appeals, his critics were able to find only two opinions upon which to base their flimsy opposition. Ironically, Judge Southwick wrote neither opinion.""

Did you actually read and retain what was said.??. Or is that just inconvenient.??.

Notice it says: 7,000 cases he ruled on during 12 years.
Notice it says: his critics were able to find only two opinions upon which to base their flimsy opposition. Ironically, Judge Southwick wrote neither opinion."" ¡¡Wrote neither opinion.!!

How convenient of you to disqualify him. On what basis.??. His name and race and gender.??.

Yes, that's what I thought......



MLK never once
Borghe writes: Monday, July, 30, 2007 10:50 AM
talent scout
yes, that was what Civil rights battle and MLK:s work was all about. The black person's right to be called a n****r art workplace.
-----------

Tried to get anyone fired or stopped from being a rude or hateful person, as its impossible to stop hate.

Hate is growing today thanks to you people who want to control everyone else, but your own damn self.


You control what you say and leave it at that, unless its your own home.

You might try getting the black rappers to stop if you really cared about people who use the word.

Then what about all this?


This is just the "A's"

Helping make the world a better place.

Slur count: 2,636*





Slur Represents Reasons/Origins
http://www.rsdb.org/

Idiots are the only ones thinking they can control this crap, just stick to the real world as MLK did and fight the liberals who are making more Jim Crow Laws




The racism today
bryce2 writes: Monday, July, 30, 2007 4:09 PM
Posters here have affirmed my posts
Many here have gone thru even more contortions than Southwick and associates in their defense of Richmond's reinstatement. At least those who have put forth an argument based on the case at hand. Most, predictably, have simply stuck their fingers in their ears and yelled...smear, smear, smear, the usual reaction here to any claim of racial bias. And of course there are those who immediately label myself and others as the real racists because we dare to suggest that racial insensitivity still exists at the highest levels of the judiciary, all the while invoking MLK's vision of a color blind society.

A hint, just saying the words colorbling and citing MLK does not mean racial insensitvity is a thing of the past.

Oh by the way, I also despise Sen. Byrd and am ashamed that he has not been pilloried by the Democratic party.
------------------------

Is coming from liberals and black, brown socialists.

You really wanna fight racism?

Fight the hypocrite leftist commie loving liberals.

Again onceamarine
you are putting words in my mouth. Southwick ruled with the majority which upheld the employee appeals board reinstatement of Richmond based on the argument that firing her for calling a fellow employee a ni**er was arbitrary. To argue that firing someone for referring to someone by one of the most demeaning and derogatory terms in the english is unreasonable, is itself the most unreasonable of arguments. His joining the majority on this absurd ruling is enough to seriously question whether he has the judgement and sensitivity to racial issues to sit on the federal bench.

talentscout
You attack me and liberals yet offer no cogent defense of Southwick, the issue at hand. Thanks for proving my point.

Well
Glory halleluiah

-------

bryce2 writes: Monday, July, 30, 2007 9:48 PM
talentscout
You attack me and liberals yet offer no cogent defense of Southwick, the issue at hand. Thanks for proving my point.
--------\


If you are happy about it, so am I

This is what I responded to
Full of bilge and hypocricy.

--------

bryce2 writes: Monday, July, 30, 2007 4:13 AM
The GOP wonders
why blacks are naturally drawn to the democrats? For all its' talk about being the party that has the best interest of blacks in mind, its' actions, such as defending judicial nominees who think firing someone for calling a co-worker a ni**er is abritrary, reveal its' true heart and soul. I'm just waiting for someone here to defend
-------------

Pure racist hogwash

"The GOP wonders
why blacks are naturally drawn to the democrats? For all its' talk about being the party that has the best interest of blacks in mind"

The only thing
that libs do for blacks is to kiss their arses. Blacks should have their own best interests in mind and don't need guilty white liberals to feel sorry for them. What a bunch of arrogrant, pompous wimps.

Reap what they sow
The main point of the column was that the Senate previously confirmed this judge and nothing has transpired since that confirmation.

Leahy and Reid broke their promise (big surprise there - NOT) to move ahead with the confirmation. These two are among the most evil, vile, loathsome (their good qualities BTW) men to ever fill a seat in the Senate.

I pray for their souls. They need it.




talentscout
Sorry, but there is nothing racist about my statement. It is a plan and simple fact that Republican support for nominees like Southwick sends a strongly negative message to blacks that negates the GOP talking points about why blacks should vote for the GOP over the Dems.

When Only the PC correct and the ACLU...

....Can be appointed as judges, this country will be in serious trouble if it isn't already.

I have seen how blacks are treated up north in the saviors land, and I have seen how they are treated today in the south.

There was an article a few years ago in the Houston Post or Chronicle about a black woman lawyer who had been raised and worked most of her life in the northeast. Against her better judgment, and with pitter patter in her heart, she took a position in Houston, Texas.

The interview done with her, and as quoted, made it very clear that she was VERY pleasantly surprised at the admirable treatment she found every where she went. It was abundantly clear from her words that she was very comfortable and happy in the deep south, which Houston certainly is. This was page 1 with picture in one of the sections.

There are more Cajuns and Tennesseans and you name it in Houston than anyone else might imagine. No, most of the racism today is that whipped up by Democrats and fellow travelers. And they way they have treated (mistreated) blacks, browns and poor whites is enough to make you want to shoot somebody.



This is the problem with your racism
You're blind to your own bigotry and want to blame it on everyone else.


----------

bryce2 writes: Monday, July, 30, 2007 11:11 PM
talentscout
Sorry, but there is nothing racist about my statement. It is a plan and simple fact that Republican support for nominees like Southwick sends a strongly negative message to blacks that negates the GOP talking points about why blacks should vote for the GOP over the Dems.
-----------

Cannot get any more racist than this statement.


quote:
"The GOP wonders
why blacks are naturally drawn to the democrats? For all its' talk about being the party that has the best interest of blacks in mind"
----------

No political party that cares about the constitutional rights for all individuals will use racism as you do.

Best interest of blacks?
How can that not be RACIST!


If a political party does the bidding of some race instead of for citizens, its a racist party.
Democrats/liberals/socialists are racists.

Course anyone who wants to learn who made the old Jim Crow Laws in the south can find out quickly it was DEMOCRATS!
Yet these hypocrites blame eveyone but themselves, like you do bryce2


Hal Hal Hal
You just can't get over the SWIFT BOAT thing, can you? It must be eating you alive to still be talking about it. The Swift Boaters were NEVER proven wrong. Kerry was found to have lied about several things. Finally, we are still waiting for him to sign the form to release ALL HIS MILITARY RECORDS. You'd think if the Swifties were all liars, Kerry would be anxious to release any and all info-which he isn't. So give it a rest!

The democrat south
Are the very people who made the Jim Crow Laws MLK led the fight for Civil Rights AGAINST.


QUOTE:

When the Compromise of 1877 allowed the Republican candidate Rutherford B. Hayes to assume the presidency of the nation after the disputed election of 1876, political power was essentially returned to southern, white Democrats in nearly every state of the former Confederacy. From that point on, the federal government essentially abandoned the attempt to enforce the Fourteenth and Fifteenth Amendments in the South-

http://www.jimcrowhistory.org/history/creating2.htm

Just be honest and man enough to admit to this unchanging fact of life, the democrats are the party of racism and racists.



"Solid Democratic South" emerged
Compromise of 1877: A deal regarding the presidency in the election of 1876. In the election, neither of the two presidential candidates, Rutherford B. Hayes (Republican) and Samuel J. Tilden (Democrat) won the required majority of the Electoral College vote. Tilden held the majority of the popular vote (4, 282,020 to 4,036,572) as well as a 20-vote lead in the Electoral College (184 to 165). Twenty votes were in dispute because of fraud and violence in Florida, Louisiana, and South Carolina. (Oregon's electoral eligibility left that State's vote uncounted as well.) Tilden needed one vote and Hayes needed 20 to achieve the necessary majority. In absence of a constitutional provision for resolving the dilemma, Congress created an Electoral Commission consisting of five members each from the House, Senate, and Supreme Court. Behind the scenes negotiations produced congressional approval of an eight to seven vote (along party lines) in favor of Hayes. According to the informal terms of the deal, the South would accept Hayes as President; the appointment of Republican James A. Garfield as Speaker of the House; protection of black civil rights in return for Federal aid to create internal improvements in the South; the patronage appointment of Democrats to Federal offices; and the return of home rule to the white South ... meaning the end of Reconstruction. Although Garfield was defeated as Speaker of the House, all Federal troops were withdrawn from the former states of the Confederacy. In a brief time, all the remaining Republican governments in the South collapsed and the "Solid Democratic South" emerged--allowing, thereafter, for the disfranchisement of black voters by means of law and violence.


To all
liberals...I know I shouldn't encourage you but please, strut your stuff for all to see at least from now until election time. Please let the whole world see just what fruit cakes you really are. Leaky Leahy and Dirty Harry are just the tip of the iceburg of the slime that's running Capital Hill today. If they keep it up like they are, it will backfire on them and they'll be run out of town. Too bad we can't tar and feather them like they deserve.

Oh, by the way, what's with the 180 degree turn in the liberal news on Sunday? Now they're supporting the war in Iraq? These people have absolutely no shame. It looks as if they are going against everything they have been preaching for the last four or five years and thrown it all out the window. Why? Do you have to ask? Why for Hillary, of course. Obama's stance on the war makes Hillary look like a warrior princess and the liberal media wants Hillary as our next pres. So they are going to support her, regardless of their real views. Anyone who listens to ABC, NBC, CBS, CNN or any of their off-shoots and takes this news as serious, objective reporting is, well, a LOSER!
The crap they shovel out is as scripted as an "Everybody Loves Raymond" episode. It is fiction based on real life, but spun to make it look like the truth. When are the liberal morons going to wake up? (Never, I hope)

apoplectic
you never get your facts correct and then try to claim its everone else who is wrong.

sheesh

here are the facts from the justice department


But historical data compiled by the Senate show the pattern going back to President Reagan.

Reagan replaced 89 of the 93 U.S. attorneys in his first two years in office. President Clinton had 89 new U.S. attorneys in his first two years, and President Bush had 88 new U.S. attorneys in his first two years.

In a similar vein, the Justice Department recently supplied Congress with a district-by-district listing of U.S. attorneys who served prior to the Bush administration.

The list shows that in 1981, Reagan's first year in office, 71 of 93 districts had new U.S. attorneys. In 1993, Clinton's first year, 80 of 93 districts had new U.S. attorneys.

In Los Angeles, for example, Terree A. Bowers, a Republican, became the interim U.S. attorney in 1992, and he served through 1993, Clinton's first year in office.

Nora Manella, Clinton's choice for the post, took over in 1994.

In Pittsburgh, Corbett says he stayed in office until August, when a new Clinton appointee won confirmation.

In New Jersey, Michael Chertoff, a 1990 appointee of President George H.W. Bush, continued into the Clinton administration before leaving in 1994. He is now the Homeland Security secretary.

In western Michigan, John Smietanka, a Reagan appointee, served until the beginning of 1994. "I knew I would be resigning, but I wasn't sure of the timing. I ended up serving for one year of the Clinton administration," he said.

His predecessor, James S. Brady, served as U.S. attorney in Grand Rapids, Mich., during the Carter administration.

"When Carter lost in November of 1980, I resigned," said Brady, who later became president of the National Assn. of Former U.S. Attorneys. "Nobody asked me, but that's the tradition of the office. U.S. attorneys serve at the pleasure of the president, and when a new administration comes in, everybody knows you will have a new U.S. attorney."

There have been local exceptions to this rule.

In New York, former Sen. Daniel Patrick Moynihan — a Democrat who had served in Republican administrations — persuaded several presidents to allow U.S. attorneys to continue in office after a change of administrations.

In Manhattan, for example, Robert Fiske, a President Ford appointee in 1976, served throughout the Carter administration.

And a Carter appointee, John S. Martin, served during the first years of the Reagan administration.

Many former U.S. attorneys draw a sharp distinction between the political nature of the appointment and the apolitical role of law enforcement.

"The process of selection is political, but once you are there, you can't be political," said Daniel French, who was a Clinton-appointed U.S. attorney in Syracuse, N.Y.

"I don't think there is anything wrong with [former White House Counsel] Harriet Miers saying, 'We want all new people in office.' "

But he said the administration would cross the line if it interfered in a politically sensitive prosecution.

Tom Heffelfinger, a former U.S. attorney from Minnesota who served under Bush — as well as in the elder Bush's administration — said a White House move to fire a large number of U.S. attorneys was quite different from replacing the appointees of a previous administration.

"In my opinion, it is not comparable," said Heffelfinger, a Republican who resigned voluntarily from his Justice Department post last year.

"When you have a transition between presidents — especially presidents of different parties — a U.S. attorney anticipates that you will be replaced in due course. But the unwritten, No. 1 rule at [the Justice Department] is that once you become a U.S. attorney you have to leave politics at the door," he said.




Does this mean . . .
Does this mean that we have a difference of opinions here as to whether Bush could tell his attorney general to fire people serving at his pleasure? If so, why? What part of "serving at the president's pleasure" don't you understand? And if you are so upset about Bush firing eight people, why weren't you upset when Bill Clinton fired 92? Why didn't you call for a congressional investigation then?

Does the word hypocrite mean anything to you?

black prince
please be advised

i gave the numbers two posts up.

clinton fired 80 the first year and bush fired 88 his first year.

eventually as with all new Presidents both fired all of them.

the difference is that bush fired the 8 midway through his term which is unprecedented, also the reason for firing some of them seems to have been because they would not do the bidding of the white house politically and it is illegal to do that even if they do serve at the pleasure of the president.

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