Judge Leslie H. Southwick, nominated to the United States Court of Appeals for the 5th Circuit, is President Bush's latest bad nominee to our federal courts.

The civil rights community rightfully opposes his nomination because he has a troubling record in cases that raise too many questions about his commitment to civil and human rights.

For instance, in Richmond v. Mississippi Dep't of Human Services, Judge Southwick joined a 5-4 ruling upholding the reinstatement of a white state social worker who had been fired for calling an African-American co-worker "a good ole nigger."   He joined the majority ruling which declared that, taken in context, the use of the word "nigger" was not motivated "out of racial hatred or racial animosity" and therefore the white plaintiff should not have been fired.

The four dissenting judges disagreed.  They understood that the word "nigger" has always been "inherently derogatory." 

This is only one example in a troubling record in cases involving race.  He has routinely rejected defense claims that prosecutors didn't select African-American jurors based on their race. At the same time, he has usually upheld allegations by prosecutors that defendants tried to strike white jurors on the basis of their race.

One of Southwick's own colleagues, in response, accused him of "establishing one level of obligation for the State, and a higher one for defendants on an identical issue."

Southwick's rulings on race are particularly important because the 5th Circuit has the highest percentage of minorities – particularly African Americans – of all the circuit courts.  Minorities in the 5th Circuit deserve to know that the court will support them if they are discriminated against.

Judge Southwick's record shows that this is unlikely if he were to be on the court.

And if that isn't bad enough, consider the fact that Judge Southwick has an 89 percent pro-business voting record.  He tends, in employment law and tort cases, to favor business and insurance interests over individual citizens.

We have to demand more from President Bush on judicial nominations.  Nominating judges who favor big business over the little guy or white people over minorities is not going to make America the nation it aspires to be.

This is not a partisan issue.  Former Justice Sandra Day O'Connor and Justice Anthony Kennedy are conservatives who have shown that they can interpret our nation's laws in ways that are beneficial to all Americans.

This should be the standard for all nominees.

It is time Congress take a stand.  No more ultra-conservative judges who are hostile to civil and human rights.