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US Senator Orrin Hatch
September 5th, 2007   Media Contact(s): Jared Whitley 202-224-5251
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HATCH: SENATE SHOULD CONFIRM SOUTHWICK WITHOUT DELAY
 
Sen. Hatch participates in a press conference alongside Sen. Arlen Specter (R-Penn.) in favor of Judge Leslie Southwick.
Washington - Today Sen. Orrin G. Hatch (R-Utah) spoke alongside Sen. Arlen Specter (R-Penn.) in favor of the nomination of Judge Leslie Southwick to the 5th Circuit. Hatch's prepared remarks follow.

Thank you, Senator Specter, for your leadership on this nomination. Now that the Judiciary Committee has approved the nomination of Leslie Southwick to the U.S. Court of Appeals with bipartisan support, I hope the full Senate will do the right thing and confirm this fine man, this fine judge, to the federal bench.

We hear a lot of talk in Washington these days about how the justice system is supposedly being politicized. If those Senators who protest about this most loudly are sincere, they should put their votes where their mouths are and support Judge Southwick’s nomination. What could be more politicizing than the demand that judges rule only for certain parties or promote certain political interests in their decisions? The opposition to Judge Southwick’s nomination is purely political, purely ideological. I hope those who really care about judicial independence, who really care about keeping politics out of the courts, will join us in supporting Judge Southwick.

In nearly 31 years on the Judiciary Committee, I have had my differences with how the American Bar Association has rated judicial nominees. I cannot, however, think of a time with the ABA was criticized for being too conservative. The ABA looks at such things as a nominee’s compassion, open-mindedness, freedom from bias, and commitment to equal justice under law. The ABA has given Judge Southwick its highest rating. In fact, the ABA has rated Judge Southwick higher for his current nomination to the appeals court than it did last year for his nomination to the district court.

The Washington Post also got it right. I have its editorial of August 18, 2007, right here. The title says it all: Qualified to Serve. The editorial describes the case against Judge Southwick as based on two opinions that he joined but did not write. Two opinions from among the 7000 cases in which he participated. The editorial says that the Washington Post does not like the results in those two cases but cannot find fault with Judge Southwick’s legitimate interpretation of the law. That says it all. Judges do not exist to deliver politically correct results, they exist to make judicially correct decisions. The Post agrees with our Judiciary Committee colleague, Senator Dianne Feinstein of California, who said that Judge Southwick is a qualified, circumspect person. Exactly the kind of judge America needs on the federal appeals court.

If we really want to prevent politicizing the justice system, we have to apply the right standards in evaluating judicial nominees. We have to apply a legal standard, not a political standard. We need judges who are judicially correct, even if they are not politically correct. Anyone who uses the right standard, who examines Judge Southwick’s entire record, will see that he is superbly qualified for the federal appeals court. The seat to which he has been nominated has been vacant for too long. The Senate should confirm Judge Southwick’s nomination without delay.

 
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