Acquiescing to white supremacy by any means necessary

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Dianne FeinsteinThe Battle Flag of the Confederacy

“We declare our rights on this earth…to be a human being, to be respected as a human being, to be given the rights of a human being in this society, on this earth, in this day, which we intend to bring into existence by any means necessary.”   -Malcolm X 

Southern Segregationists always reacted to Malcolm X and those of like mind with alarm and repudiation.   In time, they came to understand the utility of the mantra “by any means necessary” and adopted it as their own. Today, Dixie Dianne Feinstein played her self-assigned role to assist her neo-confederate colleagues Trent Lott and Thad Cochran in preserving white supremacy by any means necessary as they pushed through the nomination of their judicial minion, former Mississippi Court of Appeals Judge Leslie Southwick, for a lifetime position on the U.S. Fifth Circuit Court of Appeals. 

Judge Leslie H. Southwick

In my Dixie Dianne’s Betrayal post, I wrote that she approved a nomination for a judge who makes light of the fact that he ordered the reinstatement of a white female state employee that called a black female co-worker, “a good ole nigger.”  As I’ve said before, there is no circumstance where it is ever acceptable for a white person to call a black person a nigger in freakin’ Mississippi.  Never.    He also concurred with his collegues homophobia by taking away a woman’s child in a child custody case because he objected to her being a lesbian.

Her reasons for this betrayal were less than convincing.   She said yesterday, In my conversations with Judge Southwick, I have gotten a sense of the type of person that I believe him to be. He is not either insensitive or a racist but one who is thoughtful and analytical and a strong believer in the law. As an appellate court judge, he evaluates the specific legal issues of the case before him, not necessarily the veracity of the parties involved as would a trial judge.  

…While I respect the views of my colleagues who oppose this nomination, I also respectfully disagree. I think Judge Southwick made mistakes by concurring in the two opinions in question, but I don’t think those rulings define his views. I don’t believe they outweigh the other factors that suggest Judge Southwick should be confirmed.”

Southwick’s  record in criminal cases reveals a troubling pattern of racist myopia.  According to the Alliance for Justice, “Judge Southwick has participated in numerous cases involving challenges to the racial makeup of a jury under Batson v. Kentucky, in which the United States Supreme Court held that peremptory challenges to jurors cannot be used in a racially discriminatory manner.

 

“In 59 of the 70 Batson cases reviewed for this report, the defendants challenged their convictions on the ground that the prosecution had used peremptory challenges to strike African-American jurors. Judge Southwick, voting with a majority of the Court in every case, voted to uphold the convictions in all but five of these cases.” 

 

“In 10 of these 70 Batson cases, the defendants challenged their convictions on the ground that the prosecution had unfairly prevented them from using their peremptory challenges to exclude white jurors (in one case the juror whom defendant sought to strike was Asian American). Defendants, with Judge Southwick again joining the majority of the Court in every case, lost all ten of these challenges. In the final case, the defendant challenged his conviction on both grounds and lost on both grounds, with Judge Southwick again in the majority.

 

“In other words, Judge Southwick and a majority of the judges on the Court of Appeals routinely rebuffed allegations of prosecutorial racism against African Americans in jury selection while upholding allegations of anti-white discrimination levied against defendants.” 

Mississippi Senators have an unbroken record of white nominations to the Fifth Circuit and they intend to keep it that way.   Since 1985 when they broke the color barrier to nominate an African American to the Federal District Court, they have adhered to a rigid whites only policy for the Court of Appeals.   They’ve nominated women and a judge with a Turkish background but no African Americans.  As a general rule, nobody has to worry about Trent Lott or Thad Cochran sniffing around their law offices looking for federal judicial nominees unless they have a track record of supporting Republicans and a demonstrated hostility to African Americans.  

Dixie Dianne knew all of this and still chose to confirm him.  She knew and opposed all of the previous troglodytes they’ve nominated to fill this spot. She has served on the Senate Judiciary Committee for the last 14 years and watched as Republicans filibustered President Clinton’s nominees for this same position until the clock ran out and the Supreme Court selected Bush as President.

Another battle in the war movement conservatives have waged to radically remake the federal judiciary was won tonight and it happened because of the acquiescence of the Senate Majority Leader and the rank cowardice of both Hillary Clinton and Barack Obama.   As I said in August, Dixie Dianne’s betrayal has had one fortuitous consequence.  She has provided the Democratic frontrunners in this contest one more opportunity to prove their progressive fealty or (reveal) their politically expedient treachery.  Judge Southwick’s nomination is coming to the Senate floor whether we like it or not. If the Chairman of the Judiciary Committee and the Majority Leader green light a filibuster, it will happen.” 

“Even if they don’t concur, Hillary and Barack have the power to force one.  …Reading an obligatory statement into the record will not do.  Voting against cloture will not do.   Putting up an aggressive fight and making several lengthy statements on the floor and to the media that make it clear that their opposition is not merely for show; and their active and visible participation in floor strategy that kills this nomination, that’s what we must demand.”

It didn’t happen. Hillary and Obama issued obligatory statements of opposition on their respective websites but neither made much effort.  Even former Senate Judiciary Chairman Joe Biden, who killed the Supreme Court nomination of Robert Bork, took a pass.   No matter what test of progressive political fortitude is given, Hillary and Obama will fail it with flying colors.   Hillary and Obama made a big statement today about what they really stand for: getting elected President and acquiescing to white supremacy by any means necessary.  

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