Friday, October 31, 2003

THE INCORRECT JUDGE PICKERING

Apparently being a Democrat is the only way a judge can be correct

Nat Hentoff comments on the false accusations of “racism” that have been used to bar the appointment of Judge Pickering to the Fifth Circuit Court of Appeals (Excerpt):

“Pickering, "in a 1999 essay on race relations in the Jackson Clarion-Ledger, addressed racial bias in the courts, empathizing with black, not white, concerns. He counseled whites who were angry about the recent acquittal of a black murder suspect to look at the justice system from a black perspective. "While Mississippians may not realize that African-Americans are treated differently by the system," Pickering wrote, "it is the truth and a most disturbing one if you are black."

The Atlanta Journal-Constitution added that "as a judge, Pickering has thrown out only two jury verdicts, both times because he felt the verdicts were biased against minority plaintiffs."

Charles Schumer, Richard Durbin, Russ Feingold, Pat Leahy, and the rest of the Democratic posse on the Senate Judiciary Committee didn't mention those parts of Pickering's record during the two Senate hearings on his nomination.

The national NAACP, which has largely become an adjunct of the Democratic Party, has treated Pickering as if he were in the tradition of D.W. Griffith's Birth of a Nation. But strong black support of Pickering throughout Mississippi includes such voices as Reverend Kenneth Fairley, Senior Pastor of Mount Carmel Ministries:

"I served as president of the Forrest County branch of the NAACP. . . . I currently serve as a State Coordinator for the Rainbow Coalition under the leadership of Reverend Jesse Jackson. . . . I wholeheartedly support Judge Pickering in his judgeship and request the United States Senate to ratify his appointment." Then there is Mississippi state representative Phillip West, chairman of the Legislative Black Caucus, who first opposed Pickering's nomination to the Fifth Circuit, but after fully examining Pickering's record has now reversed his position. He writes:

"While I do not condemn and judge all white men and women to be 'staunch racists,' I do believe many have racist tendencies and beliefs as evidenced by the racism instilled in our many institutions. At least Judge Pickering has shown a willingness to work for racial reconciliation prior to his consideration for the Fifth Circuit Court of Appeals position."

West also says Pickering's actions for racial reconciliation have gone "beyond . . . many whites we have supported . . . in our state. . . . It would also be 'Politically Correct' for me to remain silent. However, I cannot support a position that may be 'Politically Correct' but I feel is 'morally wrong.' I truly believe we all should embrace truth, justice, and fairness whether we are black or white, rich or poor, Democrat or Republican."

On January 8, the Federal News Service reported a press conference at which Charles Schumer and Illinois Democratic senator Richard Durbin once again opposed Pickering's nomination. Said Schumer: "There are issues where people of good faith can disagree. . . . This [nomination] is not one of those debatable issues. This [Pickering] is somebody who showed glaring insensitivity in 1994 [the cross-burning case], and I'm still scratching my head in amazement that they actually nominated him."

This depends on what Schumer means by "good faith." Not only Pickering's nomination rides on this nomination. So do the reputations of those Pickering opponents who demonize him. And that includes The New York Times' editorial writers. Now, on the floor, how many Democrats will vote for Pickering?

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