On the recordAugust 1, 2007
Absolutely. I will be glad to. I do not want to infringe on the 5 minutes. But the bottom line, I guess to my good friend from Illinois, is, I do not think this is about qualifications at all. I think this man has lived a good life in the law and seems to be a good person, from what I understand from everyone who has spoken on his behalf. It is not a question about a character flaw or a lack of legal ability. It is about two cases. As Senator Specter said, one case involved a racial slur that is a horrible term. The administrative review board, which took up that matter--should the person be fired because of this racial slur--found it was not a repeated event--under Mississippi law, it has to be more than an isolated event--it did not disrupt the workplace, there was an apology made and accepted, and the board found that this was not sufficient to terminate the person. It went to the Mississippi Court of Appeals, and they, under Mississippi law, had to determine whether the administrative review board made an arbitrary and capricious decision, whether there is any evidence to support the court's finding, and they upheld the court's determination. Judge Southwick, in that case, commented many times about how offensive the word was, and there is no place in society for this word to be used without it being considered to be offensive. But judges have to apply the law, not emotions.
Source
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