Executive Session

Floor Speech

EXECUTIVE SESSION -- (Senate - October 24, 2007)

BREAK IN TRANSCRIPT

Mr. DURBIN. Mr. President, a few weeks ago, our Nation witnessed one of the largest civil rights rallies in decades. It was a rally to condemn hate crimes and racial disparities in our criminal justice system. It occurred in a town in Louisiana that most of us never heard of, Jena, LA. That small town captured the attention of America. Why? Well, because of an incident that occurred at a high school where there was a tree that White students traditionally gathered under.

School officials came to the conclusion it was time that all students could sit under the tree. In protest for that decision, White students hung nooses from the tree. Nooses, the ancient symbol of hatred and bigotry.

Well, that incident led to other incidents, fights between Black and White students at the school. Three White students who put the nooses in the tree were given a 3-day suspension from the school, a 3-day suspension.

In contrast, the Jena district attorney, who was White, brought criminal charges for attempted murder against six African-American teenagers, the so-called Jena 6.

If convicted on all the charges, the African-American students could have served a combined total of more than 100 years in prison. One hundred years in prison for one group of students, a 3-day suspension for others. It is no wonder this captured the attention of the Nation.

Squabbling, fighting among students, led to serious criminal charges for some and a very slight reprimand for others. This is not the first time America has faced this kind of disparity in justice. Sadly, it is not likely to be the last. Some of us in my age group can recall the struggles of the 1960s when civil rights became a national cause in America, when all of us, Black, White, and brown, North and South, were forced to step back and take a look at the America we live in and make a decision as to whether it would be a different country.

We look back now as we celebrate Dr. Martin Luther King's birthday and observances with fond remembrance of that era. But I can remember that era, too, as being one of violence and division in America. I can recall when Dr. King decided to come to the Chicago area and lead a march. It was a painful, violent experience in a State I love.

I look back on it because I want to make it clear: discrimination is not a Southern phenomena, it is an American phenomena. But in the course of the civil rights struggle in the 1960s, there were some real heroes, and one of them was a man I dearly love and served with in the House, JOHN LEWIS.

JOHN LEWIS, a young African-American student, decided to engage in sit-ins, and when that did not succeed, he moved on to the next level, the freedom bus rides. He risked his life taking buses back and forth across the South to establish the fact that all people, regardless of their color, should be given a chance.

And then, of course, the historic march in Selma. JOHN LEWIS was there that day. I know because I returned to that town a few years ago with him and he retraced his footsteps. He showed us how he walked over that bridge as a young man. As he was coming down on the other side of the bridge, he saw gathered in front of him a large group of Alabama State troopers. As they approached the troopers, the troopers turned on the marchers and started beating them with clubs, including JOHN.

JOHN was beaten within an inch of his life, knocked unconscious. Thank God he survived. I thought about that because I wanted to be there at that Selma march. I was a student here in Washington at the time and for some reason could not make it and have regretted it ever since.

But as we were driving back from Selma, I recall that JOHN LEWIS said something to me which stuck. He said: You know, there was another hero on that Selma march who does not get much attention; his name was Frank Johnson. Frank Johnson was a Federal district court judge and later a Federal circuit court judge in the Fifth Circuit, which at the time included the State of Alabama. JOHN LEWIS said: If it were not for the courage of Frank Johnson, who gave us the permission to march, there never would have been a march in Selma. Who knows what would have happened to the civil rights movement.

Well, Frank Johnson is a man who has been celebrated in his career as a jurist for his courage. He and his family faced death threats. They were under constant guard for years because of the courageous decisions he made that moved us forward in the civil rights movement.

I had a chance to meet with two prospective nominees to the Supreme Court before their confirmations, Chief Justice Roberts and Justice Alito. I gave both of them this book, ``Taming the Storm,'' written by Jack Bass--which is a biography of Frank Johnson--hoping that in their busy lives they might take the time to read these words about his courage and his life and be inspired in their own responsibilities.

There are so many things that have been said and written about Frank Johnson's courage as a judge, a circuit judge in the same circuit we are considering today. One of them was written by a fellow who served in the Senate. I didn't have the chance to serve with him, but I heard so many wonderful things about him, Howell Heflin. Senator Howell Heflin of Alabama introduced a bill to name the U.S. courthouse in Montgomery, AL, for Frank Johnson, Jr.

This is what he said: Judge Johnson's courtroom has been a living symbol of decency and fairness to all who come before his bench. It is from this courthouse that the term ``rule of law'' came to have true meaning; it is from this courthouse that the term ``equal protection of the law'' became a reality; and it is from this courthouse that the phrase ``equal justice under law'' was dispensed despite threats to his personal life.

Frank Johnson, circuit judge, Fifth Circuit, had the courage to make history and the power to change America. It is a high standard, and it is not for all of us, whether you are a Member of the Senate or seek to be on the Federal judiciary.

It is particularly an important standard to consider with the nomination of Leslie Southwick. There are so many good things to say about Leslie Southwick, if you read his biography, things he has done in his military service, his service in many respects.

But he is asking to serve on Frank Johnson's circuit court, the Fifth Circuit. I guess many of us believe it is a particularly important circuit for the same reason it was in the time of Frank Johnson.

That Fifth Circuit is still a crucible for civil rights. That Fifth Circuit contains Jena, LA. That is a circuit which many times has been called upon to make important historic decisions about fairness and equality in America.

So, yes, I know we ask more of the nominees for that circuit. We know it has a higher minority population than any other circuit in America. We know the State of Mississippi, the home of Leslie Southwick, has the highest percentage of African Americans.

Yesterday, the Congressional Black Caucus came to meet with the Senate leadership. It is rare that they do that. Congresswomen CAROLYN KILPATRICK and ELEANOR HOLMES NORTON and others came to speak to us.

The depth of emotion in their presentation is something that touched us all. Members of the Senate who have been through a lot of debates and a lot of nominations, many of them were misty-eyed in responding to the feelings, the deep-felt feelings of these African-American Congresswomen about this nomination.

BENNIE THOMPSON of Mississippi, the only Black Congressman from that delegation, talked about what this meant to him, how important it was to have someone who could start to heal the wounds of racism and division in the State he lived in. It touched every single one of us.

I asked Leslie Southwick a question at his nomination hearing under oath; it was as open-ended as I could make it. I asked him:

Can you think of a time in your life or career where you did bend in that direction, to take an unpopular point of view on behalf of those who were voiceless or powerless and needed someone to stand up for their rights when it wasn't a popular position?

Judge Southwick responded:

I hope that a careful look--and the answer is, no, I cannot think of something now. But if I can give you this answer. I cannot recall my opinions, and I don't think of them in those terms.

By every standard that was a softball question. I asked this man to reflect on his personal and professional life and talk about a Frank Johnson moment, when he stood up to do something that was unpopular but right for someone who did not have the power in his courtroom.

I even sent him a followup written question because I wanted to be fair about this. And he still could not come up with anything. It is troubling. I hope that if the Senate rejects this nomination, the Senators in the Fifth Circuit, particularly from Mississippi, will bring us a nominee for this circuit who can start to heal the wounds, who can bring us back together, who can give hope to the minorities and dispossessed in that circuit that they will get a fair shake if their cases come to court.

I hope they can reach back and find us a Frank Johnson, someone in that mold, someone who can answer that open-ended question in a very positive way.

Today, I will vote against cloture and oppose the nomination of Leslie Southwick.

I yield the floor.

Source