Pickering's nomination was blocked last year, when Democrats controlled the Judiciary Committee. Ralph Neas, president of the liberal activist group People for the American Way, lamented Pickering's approval by the now-Republican-controlled committee.
"Pickering's record hasn't changed since last year. Only the committee has," Neas said. "Far from reflecting the commitment to fundamental constitutional and civil rights principles that should be required of federal judicial nominees, Pickering's record, especially as a judge, demonstrates insensitivity and hostility toward key legal principles protecting the civil and constitutional rights of minorities, women and all Americans."
Democrats echoed Neas' charges during Pickering's second confirmation hearing Thursday morning, insinuating that he was a racist rather than a civil rights pioneer.
"His record in civil rights and voting rights cases is extremely troubling," said Sen. Chuck Schumer (D-N.Y.), who believes Pickering's nomination is part of a plan by the White House to "pack the courts with right-wing ideologues."
Committee Chairman Orrin Hatch (R-Utah) expressed his disappointment with the attacks on Pickering.
"We heard a lot of distortions of Judge Pickering's character this morning," Hatch said at a press conference following the vote. "I think that many of the things that were said were reprehensible."
Despite the assaults by pro-abortion senators, Hatch believes Pickering's reputation stands.
"The most undying testament to his character, however, comes not from the liberal Washington interest groups, but from persons in Mississippi who know him best," Hatch continued. "Their attestation of his character and record is so strong, I want to share their views with you."
Hatch then played for reporters a seven-minute videotape containing endorsements of Pickering by Mississippi civil rights leaders, attorneys, elected officials and ministers, most of whom were African Americans. Many recalled Charles Pickering's efforts to prosecute members of the Ku Klux Klan for the murder of a civil rights advocate.
"In the '60s, for a white politician to come out and stand against the Klan, you weren't risking your political career, you weren't risking votes," said attorney and former Miss. State Representative Tucker Buchanan (D), "You were risking your life, and Charles Pickering has done it."
All five of Mississippi's statewide elected officials, all Democrats, support Pickering's confirmation. He is also supported by State Rep. Phillip West, chairman of the Mississippi Legislative Black Caucus.
"Judge Pickering's record of working with both races and working for racial reconciliation in past and present years is beyond what many whites we have supported in positions of leadership, and continue to support, have done in our state," West wrote in a letter to the Judiciary Committee. "I hope and pray [that] understanding of the need for racial reconciliation by Judge Pickering will help strengthen the 5th Circuit's fortitude in resolving racial issues and concerns."
Hatch believes he understands the real motivation behind Democrats' opposition to Pickering and a few of President Bush's other nominees.
"Make no mistake about it, this is primarily about abortion," Hatch charged. "That is the litmus test that drives the obstruction of every one of President Bush's judicial nominees.
"Sure, the Democrats have confirmed some nominees, but they have steadfastly blocked the ones that the liberal pro-abortion groups consider the biggest threats," Hatch continued, "like Charles Pickering."
Pickering's son, Rep. Charles "Chip" Pickering, Jr. (R-Miss.), also defended his father.
"He's a man that, for Mississippi, has tried to bring about integration and inclusion and then, with other Democrats and African Americans across our state, has led as a moral, religious, political, community and judicial leader for racial reconciliation," Chip Pickering said of his father. "Only when he came to Washington did he become divisive. Only when he came to Washington did he become polarizing."
The younger Pickering noted that, contrary to what might be expected from a racist and chauvinist judge such as liberals have accused Pickering of being, his decisions were never overturned in any of the 10 civil rights cases or 170 employment discrimination cases he has decided.
Rev. Edwin King is a civil rights activist who fought to end the power of the Mississippi Sovereignty Commission, a state-run racist group organized to fight integration.
"I was a target of the Sovereignty Commission and the Ku Klux Klan and, as president of the Mississippi ACLU while on the national board of the ACLU a long time ago, I helped bring the suit to open the Sovereignty Commission records," King recalled.
King said charges that Pickering cooperated with or even agreed with the Sovereignty Commission are completely false.
"The records have been distorted, and the people using those records are guilty of some of the same kinds of character assassination that the Sovereignty Commission in Mississippi specialized in," King said. "This is a distortion, the number one charge brought up today, and I think it's been a distortion that allows all of the other false charges of racism."
Mississippi Republican Sen. Trent Lott said he is somewhat surprised at the lengths to which Democrats and liberal activists have gone to derail the Pickering nomination.
"I've been around Washington for 34 years now, in a variety or roles, and I've seen some miscarriages of justice on both sides of the aisle for all kinds of political and ideological reasons," Lott recalled, "but I've never seen one as unfair as what happened to Judge Charles Pickering."
Lott was optimistic that liberal Democrats' plans to filibuster Pickering's confirmation vote may fail.
"I, in my own way, have been talking to members on both sides of the aisle, a lot of Democrats that I have a personal relationship with, and I've made the case for Judge Pickering," Lott confided. "I believe we are in a good range of, perhaps, being able to block a filibuster. But I'm still hopeful there won't be a filibuster in this case."
Adding to that hope was a public statement by Vermont Sen. Jim Jeffords, the Independent who typically votes with Democrats, especially on pro-life issues.
"From my review of all the information," Jeffords told the Associated Press last month, "I believe that Judge Pickering is qualified to be a federal judge, and I will vote accordingly."
Republicans would need 60 votes to break a filibuster. The largest number of votes they have mustered for any pro-life appeals court nominee since regaining control of the Senate is 54. Lott said the vote on Pickering could happen before the Senate adjourns, which he said will be either the week of Nov. 7th or Nov. 21st.
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