JACKSON — While Mississippi Supreme Court Justice James E. Graves Jr. hasn’t logged the time in a political holding pattern that Judge Charles Pickering did, the jurist is clearly caught in the same “Beltway shuffle” that mistreated Pickering.
Graves was nominated by President Barack Obama in June to the 5th U.S. Circuit Court of Appeals. The 5th Circuit hears appeals from the federal courts in Mississippi, Louisiana and Texas.
Obama tapped Graves when 5th Circuit Judge Rhesa Barksdale took senior status last fall.
The Senate Judiciary Committee is expected to vote on Graves’ nomination today after his nomination was put on hold Nov. 18. The Graves nomination — along with those of 11 other judicial nominees — were held up by Sen. Jeff Sessions, R-Ala.
In September, Sessions quizzed Graves on his position regarding the death penalty. Under questioning, Graves assured the Republican senator he would follow federal law and the U.S. Constitution.
Graves has served on the State Supreme Court since 2001. Mississippi Republican U.S. Sens. Thad Cochran and Roger Wicker both threw their support behind Graves’ nomination.
Graves, 56, is currently the only black justice on the Supreme Court. Before that, he was a Hinds County Circuit Court judge for a decade.
Graves would become only the second black on the Court of Appeals and the first from Mississippi.
The Senate Judiciary Committee has moved rather slowly on the Obama judicial appointments. Democrats have accused Senate Republicans of “obstructionism” over delays in the confirmation of Graves and other appointees.
It is unfortunate that Graves is being used as a political pawn in this process. But he is neither the first nor the last nominee likely to be caught in the “Beltway shuffle.”
Republicans are quick to point to similar treatment of former President George W. Bush’s nominees, who got stalled by Democrats. Pickering was famously victimized as was fellow Mississippian Leslie Southwick, who faced unfair opposition and partisan attacks but finally was confirmed.
At least Graves does appear to be headed for a committee vote and confirmation. Pickering had to settle for a temporary recess appointment from Bush.
As it was with Pickering, there is no substantive debate either here in Mississippi or on Capitol Hill that Graves isn’t well-qualified for the job. What is at issue for Graves — as it was for Pickering — is the perception of his politics.
Pickering was believed by Senate Democrats to be too conservative and that his political philosophies and religious faith might put him at odds with liberal Democrats on key issues. Graves is believed by Senate Republicans to be too liberal and that his political philosophies might put him at odds with conservative Republicans on key issues.
Hence, the “Beltway shuffle” and the tactics of delay and denial.
Graves deserves to be confirmed. Republican delays and denials of Graves’ nomination will do nothing to help conservative judges who were victimized during their own confirmation battles.
But particularly galling are complaints from Democratic Senate Judiciary Chairman Patrick Leahy, D-Vt., that Graves is a victim of Republican obstructionism. Few members of Congress practice that type of judicial obstructionism more often than has Senator Leahy and more often than not against Mississippi judicial nominees.
