Wednesday, September 30, 2020

Sid Salter: With Roe as Litmus Test, Expect Judicial Appointments to be Political Brawls

Democrats and Republicans alike have strained at gnats to obscure the fact that decisions regarding the naming of a successor to the late Supreme Court Justice Ruth Bader Ginsburg is about anything more than more impactful than the future of the Roe v. Wade decision on abortion. 

Regardless of who occupies the White House and regardless which party holds the Senate majority, the filling of Supreme Court vacancies and, for the most part, lower federal appellate court vacancies have been part and parcel to the same narrow political kabuki dance. 
 
The media fixation over whether Justice Ginsburg expressed a "dying wish" that her replacement not be chosen until after the 2020 presidential election is concluded is not remotely relevant to the process at hand. That quaint notion frames the esteem in which many held Justice Ginsburg but has precious little to do with how the political sausage-making of federal judicial appointments. 
 
For a truly comprehensive and refreshingly bi-partisan examination of the federal judicial appointment process, 5th U.S. Circuit Court of Appeals Judge Leslie H. Southwick of Jackson wrote a thorough article entitled A Survivor's Perspective: Federal Judicial Selection from George Bush to Donald Trump that was published June 19 in the Notre Dame Law Review, Volume 95, Issue 5, Article 3 (https://scholarship.law.nd.edu/ndlr/vol95/iss5/3). 
 
Mississippians will remember Southwick's brutal sojourn in the federal judicial appointment grist mill. As the title of his law review article indicates, Judge Southwick ultimately survived the process and was confirmed to the Fifth Circuit bench in 2007 on a 10-9 vote when Democratic U.S. Sen. Dianne Feinstein of California broke with the Democratic majority controlling the Senate Judiciary Committee. 
 
As with many Southern judicial nominees, Southwick – a moderate – was accused of racism. But as I wrote at the time, the 2007 opposition to Southwick was all about abortion: "There are 17 seats on the 5th Circuit, two of which are now vacant. Of the 15 occupied seats, 11 are held by Republican appointees of either President Ronald Reagan or the two Presidents Bush. In other words, the 5th Circuit is a conservative court. The pro-choice groups don't want any other conservative judge confirmed to the 5th Circuit." 
 
Outside groups dominate the political public opinion wars in judicial confirmation fights. Southwick writes of their identities and influence in the law review article: "There are many groups, and I have not sought to discuss any but the most vocal and well known. A sampling of significant ones includes the Alliance for Justice, People for the American Way, American Constitution Society, and the NAACP who work closely with Democrats, and the Federalist Society, Heritage Foundation, Judicial Crisis Network, and Committee for Justice with Republicans. 
 
"These and other groups are not all involved in the same way in the process, but they have an impact. The Federalist Society's significance in the current administration, though, is unique. The American Bar Association's privileged status as an evaluator of potential nominees has been the subject of much controversy. Republicans at times have tried to alter the ABA's ability to screen individuals before nomination, but the evaluations still get done," Southwick observed. 
 
Appointment to the U.S. Supreme Court is a lifetime appointment, as the courageous Justice Ginsburg bravely demonstrated by carrying on her duties in the face of debilitating illness, advancing age, and other challenges. That is why, in an era of extreme political division, that neither Republicans nor Democrats would forego an opportunity to put a jurist of their liking on the nation's highest court. 
 
With a few exceptions, the high court usually split 5-4 to the conservative side of issues with Ginsburg on the bench. Replacing her with a Trump appointee will install a 6-3 conservative majority. That fact is why the Ginsburg replacement is so hotly contested and why Democratic objections on timing will almost certainly be ignored. And if Democrats held the advantage that the GOP has now, they would undoubtedly use it. 
 
Sid Salter is a syndicated columnist. Contact him at sidsalter@sidsalter.com. 
 

9 comments:

Anonymous said...

We need more Leslie Southwicks. Conservative but rational.

Anonymous said...

Sid Salter has this weird habit of explaining things like you’re 5 while using words only someone who just studied for the ACT would know

Anonymous said...

Nothing is more important in the realm of politics or economics than the ability to influence, or better yet, to control judges. It is the Holy Grail of both parties and of every lawyer from his first day at law school. Congress ain't worth a damn and our president is probably a maniac but God help us if our Supreme Court becomes a joke.

Anonymous said...

This is more clown world theater for the proles. What they dont want is to have some articles about where the last trillion dollars they printed (borrowed from taxpayes) went because they are about to print(steal) another trillion from taxpayers and pass it out to their champagne and limousine friends. Meanwhile they keep us arguing over semiautomatic rifles and abortion rights for immoral women. They create the fear and herd us like cattle in the directions they want.

Anonymous said...

There will be at least 2 new members of the court shortly if they confirm the current Nominee.
Their actions will cause a landslide swing across the board giving them the mandate to do so.

Anonymous said...

It's in all our interests to have impartial judges , not ideologs. We used to know that.

Yes, Roe v Wade is the political football despite that the majority of Americans have supported it since it passed. Perhaps that is because a majority of Americans are women and it affects women except for the small number of women who never have to worry about it or think they won't or who never have really gotten into the specifics of procreation or sex or history enough to know what they should fear.

But, for women who have, it's as simple as thinking that we should have control over our own health choices. We think we are equal when it comes to brains and/or the ability to consult those we trust on our own.

Perhaps if women could force men not to have procedures or not to take treatments that will leave them sterile or prevent their cancers from growing faster, we might be pro-life.
Or if we could be more successful forcing men to impregnate us through use of physical force because we want a child and don't have a willing participant or just because we want sex or power.

Maybe we if we had certainty men will actually share in taking care of their children in tasks as well as financially, we might be less supportive of Roe v Wade.

Maybe if some of us hadn't also figured out that some religions based doctrine on the idea they could force women to create more followers than they could through persuasion. That also applies for creating more adherents to cults or political philosophies and ideologies. There is power in numbers. We get that. We just don't want to be an involuntary breeding tool especially since we can die in the process.

Most of us see that men are in the majority when it comes to government and see what you really want is control over women to keep them submissive or less of a threat or an obstacle or competitor to male ambitions, power and desires.

As for me, I was an adult before Roe v Wade and saw the carnage of male and government decision making forced on women. Few of my female friends ever were told that kind of secret or knew anyone women who died in childbirth or in trying to survive pregnancy. Few Southern women in the middle class or above dealt with people who were much less fortunate other than in charity fund raising or dropping off gifts. They missed the nitty gritty of life of the lives of some in their schools or who worked in their homes.I used to ask my friends if they knew the causes women died in childbirth. They can't and assume that can't happen anymore. News flash, even with Roe v Wade maternity deaths are increasing so we are now at last place with other developed nations in maternity survival. We used to be first.
And, God forbid anyone Pro-life would bother to know the survival rates , life spans and percentage of life long (even painful) disabilities of those who babies forced into NICU by law or take into consideration, that few of those parents can carry the burden to make sure those children have the care they need.


Anonymous said...

Yo Sid, news flash...ALL federal district court judges enjoy lifetime appointments, not just justices of the Supreme Court. Note: This does not include federal "magistrate judges," who receive 8-year appointments.

Anonymous said...

I still think Sid should pay kingfish for posting his in depth intellectual "observations" on JJ.


Now back to Robert St. John's cool article about pancakes.



Anonymous said...

Yes 10:24 and it's a shame that so many refuse to recognize the obvious. Hot button issues and Wall St rule in politics and 60% of the US was one pay check away from being in the bread lines until recently but every day the lines get longer.


Recent Comments

Search Jackson Jambalaya

Subscribe to JJ's Youtube channel

Archives

Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).


Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.


Note: Security provided by INS.

Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

Note: Security provided by INS
.