Leslie Harburd Southwick (born February 10, 1950) is a

United States circuit judge In the United States, federal judges are judges who serve on courts established under Article Three of the U.S. Constitution. They include the chief justice and the associate justices of the U.S. Supreme Court, the circuit judges of the U.S. Cou ...

of the

United States Court of Appeals for the Fifth Circuit The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts: * Eastern District of Louisiana * M ...

and a former judge of the

Mississippi Court of Appeals The Mississippi Court of Appeals is the intermediate-level appellate court for the state of Mississippi. A creation of the Mississippi Legislature, the court began operations in 1995 for the purpose of relieving a backlog of cases before the Sup ...

Early life and education

Born in Edinburg,

Texas Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...

, Southwick graduated with a

Bachelor of Arts Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four years ...

degree ''

cum laude Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some Sou ...

'' from

Rice University William Marsh Rice University (Rice University) is a Private university, private research university in Houston, Houston, Texas. It is on a 300-acre campus near the Houston Museum District and adjacent to the Texas Medical Center. Rice is ranke ...

in 1972 and received his

Juris Doctor The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice law ...

from the

University of Texas School of Law The University of Texas School of Law (Texas Law) is the law school of the University of Texas at Austin. Texas Law is consistently ranked as one of the top law schools in the United States and is highly selective—registering the 8th lowest ac ...

in 1975.

Career

Following law school, Southwick clerked for the Presiding Judge, John F. Onion, Jr., of the

Texas Court of Criminal Appeals The Texas Court of Criminal Appeals (CCA) is the court of last resort for all criminal matters in Texas. The Court, which is based in the Supreme Court Building in Downtown Austin, is composed of a Presiding Judge and eight judges. Article V of ...

from 1975 to 1976, and then, in

Mississippi Mississippi () is a state in the Southeastern region of the United States, bordered to the north by Tennessee; to the east by Alabama; to the south by the Gulf of Mexico; to the southwest by Louisiana; and to the northwest by Arkansas. Miss ...

, for Judge Charles Clark of the United States Fifth Circuit Court of Appeals from 1976 to 1977. Southwick was in private practice as an attorney in

Jackson Jackson may refer to: People and fictional characters * Jackson (name), including a list of people and fictional characters with the surname or given name Places Australia * Jackson, Queensland, a town in the Maranoa Region * Jackson North, Q ...

, Mississippi with the firm Brunini, Grantham, Grower & Hewes from 1977 to 1989, serving as a partner from 1983 to 1989. In 1989, Southwick entered government service as a Deputy Assistant Attorney General for the

United States Department of Justice Civil Division The United States Department of Justice Civil Division represents the United States, its departments and agencies, members of Congress A Member of Congress (MOC) is a person who has been appointed or elected and inducted into an official bod ...

. There he supervised the one hundred and twenty-five lawyers of the Federal Programs Branch, which defends suits brought against the United States. He also supervised the Office of Consumer Litigation, a twenty-five lawyer division charged with civil and criminal enforcement of federal consumer laws. Southwick was elected one of the first ten judges of the Mississippi Court of Appeals in 1994. He was a candidate for a seat on the

Supreme Court of Mississippi The Supreme Court of Mississippi is the highest court in the state of Mississippi. It was established in the first constitution of the state following its admission as a State of the Union in 1817 and was known as the High Court of Errors and Appe ...

in 1996, coming in third out of five candidates in the general election.Leslie Southwick
Mississippi Supreme Court Elections: A Historical Perspective 1916-1996
18 Miss. C. L. Rev. 115 (1997-1998). He thereafter remained on the court of appeals until the end of 2006 when, with a nomination to a lifetime position in the federal judiciary pending, he did not run for re-election. He attended The JAG School at the

University of Virginia The University of Virginia (UVA) is a Public university#United States, public research university in Charlottesville, Virginia. Founded in 1819 by Thomas Jefferson, the university is ranked among the top academic institutions in the United S ...

and entered U.S. Army JAG Corps from 1992 to 1997. Southwick was on a leave of absence from the court from August 2004 to January 2006. In 2005, he served in

Iraq Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq ...

as a Judge Advocate General with the 155th Brigade Combat Team of

Mississippi Army National Guard The Mississippi Army National Guard is the Army National Guard component of the Mississippi National Guard. It was originally formed in 1798. It is a component of the United States Army and the United States National Guard. It is managed by the ...

. Southwick also taught law as an adjunct professor at the

Mississippi College School of Law Mississippi College School of Law is an American Bar Association accredited law school. MC Law is one of only two law schools in the state of Mississippi, and is the only law school in the capital city of Jackson, Mississippi. The school is a prof ...

and was a member of the

American Inns of Court American Inns of Court (AIC) are designed to improve the skills, professionalism and ethics of the bench and bar. An American Inn of Court is an amalgam of judges, lawyers, and in some cases, law professors and law students. Each Inn meets approx ...

, Charles Clark Chapter.

Federal judicial service

On January 9, 2007, President

George W. Bush George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...

nominated Southwick to fill a seat on the

vacated by Judge

Charles W. Pickering Charles Willis Pickering Sr. (born May 29, 1937) is an American attorney, politician, and jurist who served as a United States district judge of the United States District Court for the Southern District of Mississippi and, briefly, of the Unit ...

, who retired in 2004. Bush had previously elevated Pickering to the Fifth Circuit with a

recess appointment In the United States, a recess appointment is an appointment by the president of a federal official when the U.S. Senate is in recess. Under the U.S. Constitution's Appointments Clause, the President is empowered to nominate, and with the advi ...

in January of 2004, after

Senate Democrats The Democratic Caucus of the United States Senate, sometimes referred to as the Democratic Conference, is the formal organization of all senators who are part of the Democratic Party in the United States Senate. For the makeup of the 117th Congr ...

blocked two previous attempts to appoint Pickering in 2001 and 2003. In December of 2004, Pickering announced that he would retire from the federal bench and would not seek a nomination for a permanent seat on the Fifth Circuit. Originally, Bush nominated Mississippi attorney Michael B. Wallace in the

109th Congress The 109th United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives, from January 3, 2005 to January 3, 2007, dur ...

to replace Pickering, but his nomination also became stalled due to fierce opposition from Senate Democrats. Upon the Democratic takeover of Congress in the November 2006 elections, Wallace asked President Bush not to re-nominate him in the

110th Congress The 110th United States Congress was a meeting of the legislative branch of the United States federal government, between January 3, 2007, and January 3, 2009, during the last two years of the Presidency of George W. Bush. It was composed of ...

. Finding itself without a nominee to a judgeship that had already sat vacant for two years, the White House turned to Southwick, then a nominee to a vacancy on the

United States District Court for the Southern District of Mississippi The United States District Court for the Southern District of Mississippi (in case citations, S.D. Miss.) is a federal court in the Fifth Circuit with facilities in Gulfport, Hattiesburg, Natchez, and Jackson. Appeals from cases brought in the ...

. Bush had nominated him on June 9, 2006 to fill a vacancy on that court left by Judge William H. Barbour Jr., who retired on February 4, 2006. Southwick had a hearing before the

Senate Judiciary Committee The United States Senate Committee on the Judiciary, informally the Senate Judiciary Committee, is a standing committee of 22 U.S. senators whose role is to oversee the Department of Justice (DOJ), consider executive and judicial nominations, a ...

on September 19, 2006 and was reported favorably to the floor of the Senate by the Committee on September 29, 2006. However, Southwick, like many other judicial nominees, failed to receive a vote by the full Senate before the 109th Congress adjourned for good on December 9, 2006. Pursuant to Senate rules of procedure, his nomination, along with many others, was returned to the President. Southwick's successive federal nominations within seven months of each other, though unusual, were not unprecedented. In May of 2006, the Bush White House similarly nominated Jerome A. Holmes to a vacancy on the

United States Court of Appeals for the Tenth Circuit The United States Court of Appeals for the Tenth Circuit (in case citations, 10th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * District of Colorado * District of Kansas * Dist ...

after nominating him to a vacancy on the

United States District Court for the Northern District of Oklahoma The United States District Court for the Northern District of Oklahoma (in case citations, N.D. Okla.) is a federal court in the Tenth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appe ...

in February of 2006. The Senate Judiciary Committee of the 110th Congress held a hearing on Southwick's nomination to the Fifth Circuit on May 10, 2007. The hearing was chaired by

Rhode Island Rhode Island (, like ''road'') is a U.S. state, state in the New England region of the Northeastern United States. It is the List of U.S. states by area, smallest U.S. state by area and the List of states and territories of the United States ...

Democrat

Sheldon Whitehouse Sheldon Whitehouse (born October 20, 1955) is an American lawyer and politician serving as the junior United States senator from Rhode Island since 2007. A member of the Democratic Party, he served as a United States Attorney from 1993 to 1998 ...

. Just prior to the hearing, controversy arose over the nomination. Southwick's nomination was opposed by the People for the American Way, ''Senators Should Reject Bush's Latest Nominee to 5th Circuit''; People for the American Way; May 30, 2007 the

Human Rights Campaign The Human Rights Campaign (HRC) is an American LGBTQ advocacy group. It is the largest LGBTQ political lobbying organization within the United States. Based in Washington, D.C., the organization focuses on protecting and expanding rights for LGB ...

, ''Take Action! Don't Let Prejudice Trump Justice''; Human Rights Campaign; August 15, 2007 and the

Congressional Black Caucus The Congressional Black Caucus (CBC) is a caucus made up of most African-American members of the United States Congress. Representative Karen Bass from California chaired the caucus from 2019 to 2021; she was succeeded by Representative Joyce ...

,
''The Congressional Black Caucus Denounces Appointment of Southwick''; Congressional Black Caucus; August 2, 2007 who alleged that Southwick was racially intolerant and homophobic. Two cases that Southwick participated in as a state judge formed the primary basis for the groups' charges. In the first case, ''Richmond v. Mississippi Department of Human Services'', Southwick joined the majority opinion upholding the decision of the Mississippi Employee Appeals Board to reinstate a white state employee (Richmond) who was fired for a single incident of referring to a black co-worker as a "good ole nigger" outside of the co-worker's presence. When the black co-worker was informed of Richmond's comment, Richmond immediately apologized, and her apology apparently was accepted. The Appeals Board's decision to reinstate Richmond was based, in part, on a hearing officer's opinion that the slur was only "somewhat derogatory" and "was in effect calling the individual a 'teacher's pet.'". ''Richmond v. Mississippi Dept of Human Services'' (Miss. Ct. App. 1998) Retrieved October 31, 2007 Bound by law to affirm a decision of the Appeals Board supported by substantial factual evidence, the court held it had no authority to set aside the findings in this case, even though Richmond's remark was "undoubtedly ill-advised and indicative of a rather remarkable insensitivity.". On

writ of certiorari In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of ...

, the

Mississippi Supreme Court The Supreme Court of Mississippi is the highest court in the state of Mississippi. It was established in the first constitution of the state following its admission as a State of the Union in 1817 and was known as the High Court of Errors and Appe ...

agreed that "the unique circumstances of this case do not warrant imposition of the ultimate penalty of dismissal." However, the court found the record was insufficient to uphold the Employee Appeals Board's decision that Richmond effectively receive no penalty whatsoever. It decided to remand the case "in order for the board to impose an appropriate penalty less than dismissal, or to make detailed findings as to why no penalty should be imposed."
''Richmond v. Mississippi Dept of Human Services'' (Miss. 1999) Retrieved August 20, 2007 The second case often cited by Southwick's critics is ''S.B. v. L.W.'', an 8-2 decision upholding a chancellor's decision to grant sole custody of an eight-year-old girl to her father, in part because the mother was a lesbian who had lived with several different partners during the child's life. Southwick joined the majority opinion as well as a concurrence written by Judge Payne which states, in part:

¶ 33. I do recognize that any adult may choose any activity in which to engage; however, I also am aware that such person is not thereby relieved of the consequences of his or her choice. It is a basic tenet that an individual's exercise of freedom will not also provide an escape of the consequences flowing from the free exercise of such a choice. As with the present situation, the mother may view her decision to participate in a homosexual relationship as an exertion of her perceived right to do so. However, her choice is of significant consequence, as described before in the discussion of our State's policies, in that her rights to custody of her child may be significantly impacted. ''S.B. v. L.W.'' (Miss. Ct. App. 1999), Retrieved August 20, 2007

After intense Democratic opposition, Southwick was reported out of Committee by a 10-9 vote on August 2, 2007 when Democratic

California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...

Senator

Dianne Feinstein Dianne Goldman Berman Feinstein ( ; born Dianne Emiel Goldman; June 22, 1933) is an American politician who serves as the senior United States senator from California, a seat she has held since 1992. A member of the Democratic Party, she was ...

voted with the Committee's nine Republicans to send Southwick to the full Senate with a favorable report. Southwick was confirmed by a 59–38 vote on October 24, 2007. Southwick's confirmation came almost ten months after his nomination to the Fifth Circuit and over a year after he was first nominated to a federal judgeship. He received his commission on October 29, 2007. Southwick was sworn in as judge of the Fifth Circuit on October 30, 2007. His first published opinion for the Fifth Circuit wa
''Anthony v. United States''
which was released on March 4, 2008. Southwick wrote for a unanimous three judge panel on an issue involving the valuation of private annuities for estate tax purposes. His first published dissent was in Louisiana ex rel. Caldwell v.

Allstate Insurance The Allstate Corporation is an American insurance company, headquartered in Northfield Township, Illinois, near Northbrook since 1967. Founded in 1931 as part of Sears, Roebuck and Co., it was spun off in 1993 but still partially owned by S ...

Co., 536 F.3d 418 (5th Cir. 2008) in which Southwick dissented from the assumption of federal jurisdiction under the Class Action Fairness Act. In August 2018, Southwick found that the

Texas Medical Board The Texas Medical Board (TMB) is the state agency mandated to regulate the practice of medicine by Doctors of Medicine (MDs) and Doctors of Osteopathic Medicine (DOs) in Texas. The Board consists of 12 physician members and seven public members ap ...

was entitled to

qualified immunity In the United States, qualified immunity is a legal principle that grants government officials performing discretionary (optional) functions immunity from civil suits unless the plaintiff shows that the official violated "clearly established statu ...

for its unconstitutional warrantless search of a doctor's patient records, drawing an unusual concurrence '' dubitante'' from Circuit Judge

Don Willett Donny Ray Willett (born July 16, 1966) is a United States circuit judge of the United States Court of Appeals for the Fifth Circuit. He was previously appointed by Texas Governor Rick Perry to serve as a justice of the Supreme Court of Texas on ...

Personal

Southwick is married and has two children. He is

Roman Catholic Roman or Romans most often refers to: *Rome, the capital city of Italy *Ancient Rome, Roman civilization from 8th century BC to 5th century AD *Roman people, the people of ancient Rome *'' Epistle to the Romans'', shortened to ''Romans'', a lette ...

. He is a member of the Mississippi National Guard, where he has attained the rank of lieutenant colonel. He was deployed to

in 2004–2005 in support of

Operation Iraqi Freedom {{Infobox military conflict , conflict = Iraq War {{Nobold, {{lang, ar, حرب العراق (Arabic) {{Nobold, {{lang, ku, شەڕی عێراق (Kurdish languages, Kurdish) , partof = the Iraq conflict (2003–present), I ...

Bibliography

* ''Presidential Also-Rans & Running Mates, 1788-1996''. Published by McFarland & Co., Jefferson, NC, 1998 (second edition) * ''The Nominee: A Political and Spiritual Journey''. Published by University Press of Mississippi, Jackson, Miss, 2013

References

External links

*
White House Profile
* Goodman, Julie,
Potential judicial nominees studied
" ''

Clarion-Ledger ''The Clarion Ledger'' is an American daily newspaper in Jackson, Mississippi. It is the second-oldest company in the state of Mississippi, and is one of the few newspapers in the nation that continues to circulate statewide. It is an operating d ...

'', January 2, 2007 * Kanengiser, Andy,
Bush selection for federal appeals court post under fire
" ''

'', January 10, 2007. * Sayre, Katherine,
Bush nominates 2 in Mississippi for judgeships
" ''

The Sun Herald The ''Sun Herald'' is a U.S. newspaper based in Biloxi, Mississippi, that serves readers along the Mississippi Gulf Coast. The paper's current executive editor and general manager is Blake Kaplan and its headquarters is in the city of Gulfport ...

'', January 10, 2007. * Radelat, Ana,
Senate Dems win delay of Southwick confirmation vote
" ''

'', May 25, 2007. *
An Unacceptable Nominee
" ''

The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...

'', June 5, 2007. * Stuart Taylor, Jr., "Shortsighted on Judges," ''

National Journal ''National Journal'' is an advisory services company based in Washington, D.C., offering services in government affairs, advocacy communications, stakeholder mapping, and policy brands research for government and business leaders. It publishes da ...

'', July 28, 2007 * Bolton, Alexander,
Feinstein's flip sends Southwick to the floor
" '' The Hill'', August 3, 2007. *
Southwick: Judicial principle worth fighting for
" ''

'', August 3, 2007. *
Qualified to Serve
" ''

The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...

'', August 18, 2007. * Radelat, Ana,
Southwick allowed more time to garner support
" ''

'', October 7, 2007. * Kellman, Laurie,
Southwick Wins Confirmation
" ''

Associated Press The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. newspa ...

'', October 24, 2007. * Stout, David,
Judge Opposed By Democrats Confirmed
" ''

'', October 24, 2007 * Recio, Maria,
Southwick approved for Fifth Circuit seat
" ''

'', October 25, 2007. *
Southwick: Judge judged by region's history
" ''

'', October 25, 2007. {{DEFAULTSORT:Southwick, Leslie H. 1950 births Living people American Roman Catholics Judges of the United States Court of Appeals for the Fifth Circuit Military personnel from Texas Mississippi National Guard personnel Mississippi College School of Law faculty Mississippi Court of Appeals judges National Guard (United States) officers People from Edinburg, Texas Rice University alumni United States Army personnel of the Iraq War United States Army reservists United States court of appeals judges appointed by George W. Bush United States Deputy Attorneys General University of Texas School of Law alumni 21st-century American judges