[Sosfbay-discuss] Feinstein gets Dem. criticism, GOP raves over judge confirmation

[Drew Johnson]

http://www.mercurynews.com/breakingnews/ci_7270283
Feinstein gets Dem. criticism, GOP raves over judge confirmation
By ERICA WERNER Associated Press Writer
Article Launched: 10/24/2007 05:18:28 PM PDT

WASHINGTON—Sen. Dianne Feinstein's pivotal role in the confirmation of a
controversial judge to a federal appeals court drew angry criticism from
fellow Democrats on Wednesday—along with Republican applause.

Rep. Barbara Lee, D-Oakland, issued a press release saying she was
"incredibly disappointed" in Feinstein, while Sen. Trent Lott, R-Miss.,
said he would devote a chapter to the California senator in a future book
on leadership.

Feinstein was the only Democrat on the Senate Judiciary Committee to side
with Republicans in favor of Judge Leslie Southwick. That allowed his
nomination to get to the Senate floor, where it was approved 59-38 on
Wednesday.

Critics say Southwick has shown an insensitivity to the history of civil
rights struggles in the 5th Circuit, which is based in New Orleans and
serves Mississippi, Louisiana and Texas. In one example, as a state
appeals court judge in Mississippi, he was involved in a 1998 decision
that upheld the reinstatement of a social worker who used a racial slur in
reference to a co-worker.

Three years later, Southwick joined a ruling against a bisexual mother in
a custody case. He also joined what some activists said was an anti-gay
concurring opinion.

Feinstein defended her decision in a long Senate floor speech Tuesday,
saying she'd given it much thought.

"I think Judge Southwick made mistakes by concurring in the two opinions
in question, but I don't think those rulings define his
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views. I don't believe they outweigh the other factors that suggest Judge
Southwick should be confirmed," Feinstein said.

She cited Southwick's qualifications and character, the need to fill the
longtime 5th Circuit vacancy, and the importance of looking ahead to the
treatment of judicial nominees put forward by a future Democratic
president.

Feinstein noted that Southwick had been awarded a judicial excellence
award by the Mississippi State Bar, and quoted from a letter he sent her
in which he said he wished the opinion in the racial slur decision had
more emphatically decried use of the n-word.

That wasn't enough for Lee.

"California is a state where we pride ourselves on civil rights, legal
justice under the law, and I think the people of California would not want
to see Southwick confirmed, and it's very disappointing," Lee said in an
interview.

She also said Feinstein had declined to meet with or talk to members of
the Congressional Black Caucus at the time of the Judiciary Committee vote
in August.

In response, Feinstein spokesman Scott Gerber said: "Lines of
communication were open between our two offices. Our chief of staff spoke
to his counterpart in Rep. Lee's office at length prior to the Judiciary
Committee vote."

Feinstein drew scathing criticism from Rep. Maxine Waters, D-Los Angeles,
after the Judiciary Committee vote. Waters said at a Congressional Black
Caucus press conference at the time that if Feinstein "continues to relate
to this caucus in the way she's been doing ... we will have no alternative
but to not only share this information, but to fight against her coming
back to the United States Senate."

Waters was not available for comment Wednesday.

California's other senator, Democrat Barbara Boxer, voted against
Southwick on Wednesday.