The National Abortion Federation opposes the nomination of Judge Charles Pickering to the Fifth Circuit Court of Appeals. The Fifth Circuit covers Texas, Louisiana and Mississippi, all states with legislatures hostile to the principles of Roe v. Wade. It is paramount that a judge nominated to this court be able to fairly evaluate the issues that come before him. NAF believes that Judge Pickering will not be able to objectively decide cases involving reproductive choice. The Senate Judiciary Committee rejected his nomination in 2002, and his re-nomination by the Bush administration should be rejected again.
Judge Pickering has a well-documented record of opposition to Roe. In 1976, Pickering served as chair of the Human Rights and Responsibilities Subcommittee of the 1976 National Republican Party Platform Committee. Under Pickering's leadership, the Republican Party approved changing the Republican Party platform to support a constitutional amendment to ban abortion for the first time.1 At the 1976 Republican National Convention in opposition to the suggestion that the Republican Party take no position on abortion, Pickering stated, "The Supreme Court decision of the United States allows abortion on demand. It gives the husband no say-so.... The taking of life is wrong and we should oppose abortion."2
In 1984, with Pickering as its president, the Mississippi Baptist Convention passed a resolution calling for a ban on abortion in all cases except to save the life of the woman.3 As a senator in the Mississippi State Senate, Pickering put forward a resolution calling for a constitutional convention to propose an amendment to ban abortion4 and voted against public funding for family planning programs.
As a district court judge, Pickering has not had any abortion-related cases come before him. However, as an appellate judge, he would certainly be called upon to decide cases concerning women's reproductive rights. In his previous confirmation hearing, he gave no assurances that he could be counted on to fairly apply Roe and Planned Parenthood v. Casey. In fact, he refused to comment on the Supreme Court's most recent decision concerning abortion, Stenberg v. Carhart (Carhart I).5
The confirmation of Judge Pickering to the Fifth Circuit Court of Appeals would have a detrimental effect on women in Texas, Louisiana, and Mississippi. Between 1996 and 2002 these states introduced at least 175 anti-choice measures.6 Although the state legislative session is not over, there have been at least 25 anti-choice bills introduced this year in these states. The Fifth Circuit has heard at least 12 cases on reproductive choice since 1992. The nomination of Pickering to this circuit is a calculated move to imperil the access of women to comprehensive reproductive health care in those states.
The Senate sent a message last year to President Bush that Americans do not want judges confirmed to lifetime appointments whose views are outside those of mainstream America. The Senate should send that message again and reject the nomination of Judge Pickering to the Fifth Circuit Court of Appeals.
- Richard L. Madden, "GOP Panel Backs Anti-Abortion Plank," New York Times, Aug. 11, 1976, at A1.
- Thirty-First Republican National Convention, Remarks by Charles Pickering, Delegate from the State of Mississippi in Opposition to the Amendment Concerning Abortion, Aug. 17, 1976 at 305-306.
- Michael Culbreth, "Baptists End Annual Session with Resolution Approvals," Clarion-Ledger, Nov. 14, 1984.
- 1978 MS HCR 3 (Feb. 7, 1979).
- Senate Judiciary Committee Confirmation Hearing, February 2002.
- Who Decides? A State-by-State Review of Abortion and Reproductive Rights, 12th Edition, 2003, NARAL Pro-Choice America.
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