The U.S. Senate should confirm Judge Charles Pickering.
Pickering was nominated to the 5th Circuit Court of Appeals by President Bush in May 2001 and was defeated in a vote in the Senate Judiciary Committee. He is up for nomination again.
Organizations like the People for the American Way, Planned Parenthood and the National Organization for Women lead an organized campaign to derail his nomination by pressuring their allies in the Senate to defeat his nomination by any means necessary, including by filibuster.
These organizations believe that if the Senate approves Pickering, it will lead to the systematic takeover of the court by right-wing zealots. They claim that he is hostile to minority rights, abortion rights and other causes these groups support. They say he will inject his conservative religious beliefs into what is supposed to be an objective judicial system.
They point to the fact that President Bush was elected without a clear mandate. Therefore, he should appoint “consensus” candidates. This argument sets a double standard. President Bill Clinton was elected with 43 percent of the vote in 1992 but appointed non-consensus candidates. They did not protest President Clinton’s appointment actions at any point.
What about the judge’s public service record?
Opponents point to the fact that he was a law partner in the 1960s with Lt. Gov. Carroll Gartin, an ex-officio member of the State Sovereignty Commission, and that this is indicative of his insensitivity to matters of race. In addition, as state senator, he voted to fund the commission.
According to an article by Bill Minor, the dean of Mississippi political journalism and no friend of the Republican Party, “certainly, if Pickering’s association with the late Carroll Gartin is the best ‘evidence’ foes have against his judgeship appointment, they don’t have much of a case.” He also wrote, “Gartin, in fact, was defeated for governor in 1959 after being branded as a ‘moderate’ (a term implying he was soft on segregation) by the segregationist white Citizens Councils.”
Pickering received the highest rating from the non-partisan American Bar Association. Senate Democrats said previously that the ABA rating was the “gold standard” by which to judge nominees. Now that Pickering has received the ABA’s highest rating, “Well Qualified,” this standard is no longer of concern.
Pickering received support from all statewide elected officials except for 2nd District Rep. Bennie Thompson (D-Bolton), who labeled any black person who supported Pickering as a Judas Iscariot.
This statement did not deter state Rep. Phillip West (D-Natchez), who chairs the State Legislative Black Caucus from lending his support to Pickering’s nomination although fellow caucus members quickly reprimanded him.
Even William Winter, who is viewed as Mississippi’s most progressive governor, said, “Charles is a consistent advocate in seeking a common ground for divergent views.” He, along with Pickering, collaborated to form of the Institute for Racial Conciliation a few years ago at the University of Mississippi, which promotes unity among all Mississippians.
When his record is reviewed, one will see that Pickering was clearly a moderate on matters relating to race during a time when it was popular to be confrontational. He is the same man who sent his children to public schools during integration and testified against Sam Bowers, Imperial Wizard of the White Knights of Ku Klux Klan, which cost him his seat in the state senate.
Pickering has flaws. As a law student, he opposed interracial marriage in 1959, as most blacks and whites did. The important thing is that he has progressed with the times as did Malcolm X and Democratic Sen. Robert Byrd (D-W.Va.). He is a qualified nominee and should be confirmed.
Edward Sanders is a sophomore political science major. He can be reached at [email protected].