I take issue with the way they described the procedural history of a case involving a White employee in Mississippi who was fired for calling an African-American colleague the ``N'' word. In this sharply divided 5- to 4- case, Judge Southwick joined the majority, and he voted to reinstate the White employee with full backpay and no punishment whatsoever. Senator Cornyn came to the Senate floor and said that the Southwick majority ``was ultimately upheld by the Mississippi Supreme Court in compliance with appropriate legal standards.'' That statement does not accurately describe what actually happened. Yes, the Mississippi Supreme Court said that termination was too Draconian a punishment, but it also said that the decision to reinstate the White employee with full backpay and with no punishment whatsoever--the decision that Judge Southwick signed onto--was erroneous.
Editor's note · Context
Responding to remarks about Judge Leslie Southwick's nomination to the U.S. Court of Appeals.
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