Arlen Specter: “the question posed by the distinguished Senator from Alabama is illustrative of the unfairness of citing that case…”

“the question posed by the distinguished Senator from Alabama is illustrative of the unfairness of citing that case against Judge Southwick, because he did not sanction the slur which was uttered. In fact, the administrative review board did not sanction the slur. The administrative review board had only the question to decide as to whether that was grounds for permanent dismissal. That is the only question they had to decide. And then when the case came before the Mississippi intermediate appellate Court, as the Senator from Alabama has noted, that court had only to decide whether the ruling by the administrative review board was arbitrary and capricious, which means that there was insufficient evidence to sustain it. So Judge Southwick is removed by two major barriers from any conceivable approval of a racial slur: first, on the fact that the administrative board said it was bad, Judge Southwick said it was bad; and, in addition, there was sufficient evidence for the administrative board to find what it did. Now, on the critical question as to whether there were any grounds for permanent dismissal because of what was said, everybody said no-- that is, the administrative board, the intermediate appellate court, and the State Supreme Court--contrary to the bland assertion by the Senator from Illinois that the intermediate appellate court was reversed.”