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Bush sneaks racist judge onto federal court

By Heather Cottin

On the day after the 75th anniversary of Dr. Martin Luther King Jr.'s birthday, President George W. Bush appointed Mississippi Judge Charles W. Pickering Sr. to the U.S. Fifth Circuit Court of Appeals. This court covers three of the states with the most right-wing political officeholders in the country: Mississippi, Texas and Louisiana.

Advocacy groups opposing Pickering's appointment included the NAACP, National Organization for Women, the AFL-CIO and the Leadership Conference on Civil Rights.

Pickering left the Democratic Party in 1964 when Fanny Lou Hamer and the Freedom Democrats demanded representation for Black people in Mississippi at the Democratic National Convention in Atlantic City, N.J. Pickering opposed "one person, one vote" and in a law review article called the practice "obtrusive." After 1965, he did everything he could to prevent Mississippi's compliance with the Federal Voting Rights Act. (www.now.org)

Pickering's judicial record illustrates his right-wing politics. In his youth, he wrote law review articles supporting laws against interracial marriages in his home state of Mississippi.

Pickering opposes the Equal Rights Amendment, opposes the Roe vs. Wade decision that protects the right to abortion, and he has called for a constitutional amendment barring abortion. He voted to stop funding for family planning in Mississippi.

In 1994 Judge Pickering went to considerable lengths to reduce the sentence of a man convicted of burning a cross on the lawn of a mixed-race couple.

None of this is any obstacle to support from the Bush administration. Vice President Dick Cheney went to Mississippi no less than five times in the past year to support Pickering's appointment to the federal bench.

The method of judicial appointments was a procedure created in 1789 to deny the people the right to elect their own federal judges.

While elections under capitalism are no guarantee that judges will answer to the people, having them appointed by the president and approved by the Senate guarantees control by the rich. The Senate, the upper house of Congress whose members have always been wealthy and with very few exceptions have been white men of property, was set up to ratify presidential appointments.

But popular opposition to such an outrageously reactionary choice as Pickering forced even the Senate to oppose his nomination. So Bush placed Pickering directly on the appeals court when the Senate was out of session. Now Pickering will serve at least until 2005.

Reprinted from the Feb. 5, 2004, issue of Workers World newspaper

This article is copyright under a Creative Commons License.
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