the resolution is agreed to and without objection the motion to reconsider is laid on the table for what purposes does the gentlewoman from florida arise mr speaker i sent to the death three privilege reports from the committee on rules for filing under the rule the clerk will report the title report to accompany house resolution seven sixty three the resolution providing for consideration of the bill h eleven to designate additional national forest system lands in the state of virginia as well the nist or a wilderness study area to designate became a link create potential wilderness area for eventual incorporation into and  seven sixty four resolution providing for consideration of the bill h r five o five to express the coliseum the united states regarding the united states relationship with native hawaiians and to provide a process for the recognition by the united states of the native hawaiian governing entity conference report to accompany house resolution seven sixty five resolution providing for consideration of the bill h r fourteen eighty three to amend the  and public land management one hundred ninety six to extend the authorization for certain national heritage areas and for other purposes these are referred to the house calendar in order printed for what purposes does the gentleman from new york writes unanimous consent that congressman cool be removed as a co sponsor to h r three eight nine eight without objection for what purposes does the gentleman from california arise mr speaker i ask then it was consent that representative mike mccaul be removed as a co sponsor of h congress two two eight mr mccall was listed as a co sponsor due to a clerical error without objection rule twenty any rick record vote on the postponed question will be taken tomorrow the gentleman from texas is recognized mr speaker i move to suspend the rules and pass h r thirty seven seventy five the industrial energy efficiency research and development act of two thousand and seven as amended clerk will report the title of the bill h r thirty seven seventy five a bill to support research and development as new and desperate all processes and technologies that optimize energy efficiency its mission c and environmental performance utilize diverse sources of energy and increase economic competitiveness pursuant to the role the gentleman from texas mr lampson and the gentleman from washington mr riker each will control twenty minutes the chair recognizes the gentleman from texas mr speaker i ask unanimous consent that all members may have five legislative days to revise and extend their remarks and to include extraneous material on h r three seven seven five the bill now under consideration without act i first wish to thank my colleagues on the science and technology committee for their support in crafting this legislation especially ranking members inglis and hall who worked with me on this  highlights the critical need for research into technologies that improve industrial energy efficiency and expanding economy and growing population ensure that demand for energy will continue to grow making energy conservation a key national goal and the united states industry is responsible for more than one third of all energy consumed heavy industries such as chemical glass and metals production mining petroleum refining and forest and paper products all require very large amounts of energy making them particularly susceptible to high energy prices therefore these and other energy intensive u s industries are ideal candidates on which to focus federal research and development efforts and apply new technologies to increase efficiency raise productivity reduce wastes trim costs and ultimately make them more competitive in a global market and i'm very familiar with the difficulties these industries face texas has the highest percentage of large energy intensive industries eighty percent of the us total over half the energy used in texas consumed by the industrial sector spend but the members please take their  conversations off the floor house will be in order proceed thank you mr speaker there is significant pressure to reduce the emissions and energy use associated with their processes while keeping costs low enough to maintain the region's attractiveness to industry and that's tall order when costs for natural gas one of the primary industrial feedstocks are among the highest in the country the industrial technologies program i t p at the department of energy works to improve the energy intensity of u industry through coordinated cost shared research and development the i p p is considered one of the most effective department of energy programs transferring over one hundred seventy technologies to the commercial market improving and estimated thirteen thousand u s manufacturing plants and saving nearly five quadrillion v t use of energy or approximately twenty three billion dollars in energy s its inception that's significant the at p p also sponsors university based industrial assessment centers which utilize engineering faculty and students to provide no cost energy assessments mostly to small and medium sized manufacturers these centers serve as valuable preparation for the next generation of energy and industrial engineers training almost two hundred fifty students per year the industrial technologies program has suffered dramatic budget cuts in recent years dropping to just one third of the funding levels of two thousand and one and this reflects a dramatic an untimely shift in priorities away from industrial efficiency  development so h r three seven seven five authorizes and expands the department of energy's industrial technologies program through better coordination of and interdepartmental research enhanced month of the industrial assessment center's program at universities and support of more research and development of new innovations and technologies that improve the energy fish and sea and environmental performance of most energy intensive manufacturing processes this legislation is needed to ensure continued gains in these areas through research and development that makes the u s industry more competitive and enhances the quality of life for american workers their families and communities that they serve again i want to thank mr inglis for working to make this a better bill i encourage my colleagues to support h r three seven seven five mr speaker are for right now reserve the balance of my time gentleman from washington is recognized mr speaker i rise today in support of h r thirty seven seventy five the industrial energy efficiency research and development act of two thousand and seven and i yield myself such time as i may consume the industrial sector of our condo me is currently the largest user of energy according to the department's energy of energy's energy information administration the industrial sector consumed thirty two percent of the nation's energy in two thousand and six while the industrial sector has made impressive efficiency gains since one thousand nine hundred eighty more is needed and more can be done the department of energy currently runs the industrial technology programs i t p whose mission it is to improve the energy intensity of the united states industrial sector whose industries include aluminum chemicals forest products glass metal castings mining petroleum refining and steel the i keep the program engages in partnerships with industry to conduct research and development into energy efficiency technologies as well as demonstrating those technologies and transferring them to the marketplace program has been very exciting successful in its efforts with over one hundred forty projects reaching the commercial market the i t t also conducts energy assessments to help and manufacturers of all sizes through both its save energy now and university based industrial assessment centers i a c s the save energy now program completed twenty two hundred sixty five assessments that identified energy savings of more than five hundred eighty five million dollars per year the i a c s would serve a dual role aiding small and medium sized business reduce their costs energy costs and the training of university students who will take the efficiency knowledge that they have learn and apply it in the workforce that built before us today will ensure that i p p s beneficial work will continue to help the industrial sector reduce its cost which not only helps them remain globally competitive while allowing them to keep their operations in the united states of america further the i p p aids our country's goal of reducing our dependence on foreign sources of energy by improving this critical sectors  of energy and i thank you and i reserve the balance of my time gentleman from texas is recognized and i give us a speaker and thank you for your words mr reichert certainly this is important it's something you can make  a significant difference to what we're doing for the world and for industry in the united states of america to make sure that we are kept competitive there are so many things whether it is using waste to pelletized wood in to the new kinds of fuel whether it is water any any of the many things wind that we're doing and to encourage them to make these things possible is something that is very important to me and mr speaker i don't have  further comments to be made and so if the gentleman's prepared to yield back his time then i'm ready to do so as well mr speaker we have no further speakers and i yield to balance my time gentleman from washington yell to balance of his time and i have no further requests for time back the balance of my time as well gentleman from texas yields back the balance of his time so the question is well how suspend the rules and passed h r thirty seven seventy five as a those in favor say aye those opposed no in the opinion of the chair two thirds being in the affirmative the rules are suspended the bill is passed and without objection the motion to reconsider is laid on the  the chair lays before the house the following personal requests the chair will entertain one minute requests for what purpose does the gentleman from texas rise west mission to address the house for one minute without objection mr speaker the first amendment protects the fund fundamental natural rights of free speech and free press these pillars of principle are listed first because they're the most important these two freedoms ensure the protection of all the other rights that follow in the bill of rights many years have passed since these values were chiseled into the constitution but they are still under attack by the elites who advocate federal control of both wine because the censors disagree with the content or claim it's inaccurate or it's not fair even former supreme court justice sandra day o'connor said last year that people should not harshly criticize the supreme court or its rulings the constitution does not guarantee speech or fris press to be free or even accurate it guarantees it to be free fair is too subjective a term our framers were primarily concerned about protecting the political and religious discourse why because there are the most controversial and the most important any action by the federal government to control speech or press should be met with loud harsh words fiery oratory and a blazing pin and that's just the way it is fourth for five minutes mr jones october twenty ninth for five minutes without objection for what purpose does the gentlewoman from california arise mr speaker i ask unanimous consent that today following legislative business in any special orders heretofore entered into the following members may be permitted to address the house for five minutes to revise and extend their remarks in the clue there in extraneous material mr cummings of maryland this will the california mr de of oregon miss waters california without under the speaker's announced policy of january eighth t'ain't two thousand and seven and under a previous order of the house of following members are recognized for five minutes each mr cummings of m texas for what purpose does the gentlewoman from california arise mr speaker it's past time to hold this administration accountable accountable for its actions in iraq iraq and for its actions throughout the region our understanding in the world and throughout the middle east is at an all all time low and our standing and popularity have just about disappeared the administration's policies have only brought instability and conflict the strategy of preemptive war has and we've seen that the met with this belief this been met  th criticism from all corners of the world the administration keeps beating the drum of war with iran and its inaction in northern iraq may lead to an armed conflict with turkey a real leader an effective commander in chief knows that the use of force should be the very last possible option not the first the blame for the fifth squarely on the oval office and what about the people the administration we're supposed to be liberating many lives now without the basic services they had for generations electricity clean water basic health care education and at least four million iraqis have fled their homes two million are displaced in their own country too m displaced outside of their country and millions more have escaped to neighboring iran and syria despite what the administration has claimed the fault does not lie on the iraqi people or the international community scandal to the mercenary blackwater security forces to the face of america policy emerging as goons thugs and cowboys or what about torture the administration says it doesn't promote torture yet day in and day out we read news media reports of an administration promoting rendition and enhanced interrogation methods these methods allow for everything short of death the responsibility lies at the feet of one man not a general not the justice department not the minimum women of the intelligence community and certainly not the brave men and women who are serving us in iraq one man and does not get much better here right here at home where the administration is pushing for more ways to spy on american citizens they're attacking their political adversaries by questioning their patriotism they even out of the covert cia operative the president at that time said that anyone caught for such an action would be removed from his staff now it turns out that karl rove richard armor tras taj's scooter libby and ari fleischer but they didn't count and then ministration chose to put them above the law once again  speaker we have to ask ourselves who's really to blame i can only think of one person and finally most shameful of all the legacy of this occupation of iraq has left a generation of men and women with physical and mental wounds that may never heal and how did the administration thank them for their bravery on pech behalf of our nation walter reed long waits for necessary medical treatment  local v a hospitals and in some cases extended deployments what kind of commander in chief would that would do that remember the good old days when past presidents said and me that the buck stops here the buck stops with them this administration seems to think the but buck stops everywhere but sixteen hundred pennsylvania avenue mr speaker it's time for the president to take  responsibility for his actions and turn this tide around and he can do that by providing our men and women in uniform the equipment they need to come home safely by funding the  safe responsible and timely withdrawal of our troops and by regaining in turn our place as a world leader promoting peace and stability mr speaker hold this administration accountable bring our troops home and this senseless occupation i yield back gentleman from texas mr paul is recognized for five minutes thank you mr speaker in the people of this community of only twelve hundred fifty had a home coming saturday for their favorite son deputy gilmer hernandez i was honored to be there the ceremony ironically took place on the courthouse square under the pecan trees in front of the old limestone courthouse ironic because you see mr speaker the town was celebrating the release of gilmer hernandez from the federal penitentiary he had been sent to prison for as the local sheriff donnie let singer put it just doing his job for the rest of us the sheriff spoke to sentiments of most of the town people that i got to talk to the town was director right it was signs and flags and banners and windows of houses in front of stores anyway the ceremony started off with a link the prayer by the local baptist preacher and then there was a rousing pledge to the flag there were tears and speeches by politicians the mayor rachel the lego's presented deputy hernandez a proclamation from the city as rock springs favorite son most of the community turned out many carrying signs of welcome home gilmer gilmer's family was there as wife ashley and his wonderful young daughter when gilmer was shipped off to federal prison the people of this small town rallied around his family the town paid the rent on his pickup truck took his family into their homes provided food and took care of his mortgage on his house they sent him letters while he was incarcerated they prayed for him and when he got home he already had a job with the city or the local phone company mr speaker this is an interesting celebration considering gomer was a convicted felon gilmer hernandez grew up in rock springs his family is from there he became a deputy sheriff frederick county he always dreamed of being a law of man even though he made a little bit over twenty thousand dollars a year patrol in a county the size of delaware here's what happened some time ago while this young deputy was own routine patrol late at night he came in contact with an issue the that ran the the red light in rock springs texas he pulled the vehicle over and as he approached it the truck sped off and swerved to run over the deputy gilmer pulled his weapon and shot it out two tires in self defense the vehicle stopped numerous illegals including the coyote smuggling the illegals into america took off running but one of gilmer's bullets ricocheted in the s u v and hit a passenger as gilmer fired at the fleeing vehicle this was the first time gomer hernandez had ever fired his pistol the sheriff in the texas rangers investigated the incident and after investigated thoroughly they can cleared hernandez but only assistants of the arrogant mexican government one year after the incident are almighty federal government prosecuted gilmer for a civil rights violation saying he should not have continued firing at the vehicle after it drove past him so gilmer hernandez was sent off to prison at the behest of mexico with the united states be in the puppy by the way all of the illegals got to stay in the united states many of the town's people told me saturday they thought gilmer was right to defend himself want to cross the texas ranch or call gilmer a political prisoner myself and others of this house have asked the president to pardon gilmer hernandez and we hope eventually the president does pardon him he has after all served his time but saturday as the magnificent sun began to set the town of rock springs came out to cheer and honor and praise and totally support its favorite native son after all the hoopla the town went down the road to the fairgrounds for a barbecue and homemade desserts and by the way the sheriff gave gilmer back his bags hoping someday he'll be able to wear it for what purpose does the gentlewoman from california rising for five minutes without objection thank you very much mr speaker today president bush requested an additional forty six billion war requests this request is on top of an existing one hundred forty two billion requests pending from earlier this year the president told reporters that the funding was simply for day to day military operations in afghanistan and iraq he said that the bill provides for basic needs like bullets and body on a protection against i e d days and mine resistant ambush protected vehicles the president would lead us to believe that there are only two options in iraq congress must either continue to fund the war indefinitely or we must choose to pull the rug out from under the troops and strand them in the pail without body armor and bullets this of course is a ridiculous characterization of our position we failed that continuing to referee a civil war in iraq runs counter to our national security interest there is no military solution to the war in iraq no matter how many soldiers weapons and dollars you dump into the country bombs and bullets have not and will not bring us peace in iraq i believe there is only one answer to the war in iraq a fully funded redeployment of our troops and military contractors i think any reasonable member of congress would welcome a  from the president on how we're going to safely leave iraq and we would be happy to fund it but asking us to continue funding providing funds for the occupation of iraq until president bush decides to change course is tantamount to asking us to just continue to support the war the choice is clear it is time to face the facts we either provide funds to continue the war or we provide funds to  misspeak and members i'm bothered by this request i'm bothered by because the president is playing politics with the issue the president of the united states is saying i want this forty six billion dollars and i wanted now and i want to use it for a very necessary armor and equipment because he knows that the members of congress do not like to be seen in a bad light having folks believe that somehow they're not providing support for the soldiers and he keeps testing the will of this congress with these kinds of antics we know that the american public wants us out of iraq we also know the american public wants to indicate its support for the soldiers who are not there because they decided that we would go to war but rather they answered the president's call because they're patriotic many of them needed jobs they needed resources they needed money so they had their everybody supports the soldiers but the president is trying to set us up he's trying to set us up so that if we don't immediately vote on this forty six billion dollars it will look as if we are not given the soldiers the necessary equipment and order to wage the war this is absolutely ridiculous and i don't know low young this president thinks he can get along with mismanaging this war in the way that he's doing we have a hundred and one questions we ought to be forcing on him first of all where are the one hundred and ninety thousand weapons that have been lost where's the money we were supposed to been getting from the all wells in iraq where's the billions of dollars that they sent over in cash in the beginning of this war what happened to all of that money we could go on and on and on with questions about blackwater and the contractors and the mercenaries we could go on and on about this government that they put together that does not function and will not function we could ask them who side are you on the sony is the shias and now you're trying to manage what turkey does with the kurds the kurds killed turkish soldiers the turks threaten to go over and invade the kurdish territories and now we're over there trying to manage that it is complicate it we have no business there the occupation is draining us not only the lives of young men and women who are there trying to  the president's call but the dollars that should be going into comprehensive universal health care truly supporting leave no child behind truly supporting low and moderate income housing truly been used to rebuild the infrastructure that's falling apart all over america and come on mr president chairman charlie rangle and the house ways and means committee for their work in putting together a package of legislation called the heroes earning assistance and relief tax act of two thousand and seven which is designed to help members of the united states armed forces and their families i'm especially grateful mr speaker that the committee has indicated plans to include in this legislation a bill that i first introduced in two thousand and five a child for eighteen would  circumstances current tax law limits the amount that recipients such as a roth ira or a coverdale education savings account this legislation would change that to allow recipients to contribute up to the full amount of the gratuity payment to these accounts  families of our fallen heroes try to put their lives back together they need all the help they can get that families who had should not have to worry about saving the day after to a t to pay for health care college will the expenses and then have the government  come in and tax the interest on that savings this bill would help ensure that does not happen mr speaker the need for this legislation was brought to my attention by captain michael sarris a constituent station speaker the joint committee on taxation has scored this legislation and no calls meaning that the actual cost of this proposal is less than five hundred thousand dollars over nine years men and women in uniform serve this nation w distinction many give the last of this country we owe it to our fallen military heroes to expand this option of families who receive the difficult to a d families who had paid the ultimate calls with the loss of their loved one r fourteen has also received the endorsement of the military coalition a group of prominent national military veterans organizations that represent more than five point five million members plus their families this is fake of the organizations have voiced their support for h r for eighteen let me name just a few the air force association and this fleet reserve association go star wives of america military officers association of america marine corps league navy league of the united states and there are many of those i'll call upon my colleagues to support the inclusion of h r four eighteen in the hero's earnings assistance and tax relief act of two thousand seven in order to expand the options of military families whose loved ones have given their lives in the name of freedom and in defense of this nation in this to speak our close they ask god to please bless our men and women in uniform i ask god to please bless the families of our men and women in uniform and i also will ask god to continue to bless america and with that i yield back the balance of my time gentleman yield back the balance of his time  to remaining members on five minutes mr de fazio of oregon mr burton of indiana under the speaker's announced policy of january eighteenth two thousand and seven the gentlewoman from ohio mrs jones is recognized for sixty minutes as the designee of the majority leader thank you mr speaker over the past nine months the congressional black caucus has that been at the forefront of many major issues here in congress from raising the minimum wage to the don imus debacle to the upcoming southwick not nomination vote that will be taken up in the senate this week we've been at the forefront of raising the issue about the need to cover ten million children under arrest chip and we've been at the forefront as well as raising issues with regard to the war in iraq and the number of people who have been killed as well as the recent jena six situation tonight however we will be focusing in on the southwick nomination and as we focus in on that nomination we always remember that for people of color the court has been the place of last resort many all the opportunities that we've had to raise issues with regard to school desegregation civil rights economic opportunity equal employment opportunity has come through the courts and it is that region that we are particularly raising our voices with regard to this nomination i am joined this evening by my colleague and good friend the chair of the homeland security committee ob mr bennie thompson and  the nominee actually is a resident of mississippi and being considered for that seat which oversees mississippi and several other states where it of the population of people of color is significant i texas this circuit has starkly was one of those circuits that move civil rights voting rights issues in a manner that allow all people representation so what we've seen under the present administration we've seen this court move in the opposite direction as a resident of mississippi and the representative for the second congressional district we have yet to have a member of the fifth circuit court of appeals who is an african american we have the highest population in a circuit in a state in the circuit yet we are completely void of representation i don't have to go through the litany of problems we've had in this osip it with respect to civil rights as you know and as so many know mr speaker had it not been for the federal court system many of us would not be in elective office many of us would not hold positions of higher responsibility because our state not african americans for a number of years equal representation on the law and denied that representation the cause of color and so what we have in the south which nomination mr speaker is a continuing pattern of nominating people who have demonstrated racial insensitivity taught people of color in the richmond versus mississippi department of human services of white employee was fired for using the phrase good ole nigger toward an african american coworker when a white employee was far hearing officer reinstated the employee in upholding reinstatement the majority mr speaker was judge southwick joan concluded that using the phrase good old nigger was equivalent to calling the other employees her teachers pick this opinion i'm happy to say mr speaker was unanimously reversed by the mississippi supreme court and this is our president number one nominee for the fifth term of endearment that's an insult but it goes to the crux of the issue of whether or not the temperament of this gentleman leslie southwick fits promotion fifth circuit court of appeals in addition to that on another case meg we ems versus mississippi when a prosecutor cites nonracial reasons for strikes davis versus mississippi is another case judge southwick did not the defense warranted attempts to strike white jurors even when the defense used the same non racial reasons for strikes w vs mississippi in other words it's all right to strike black people from juries for known racial reason but you can't strike white people from jurors for nonracial reason so m speaker we have a problem this is the person under consideration this week by the united states senate i'm happy to say that the congressional black caucus has taken up a number of issues this session but the southwick nomination really goes to the heart of why we are here we cannot put people on a binge for a lifetime job who demonstrate this kind of insensitivity is not just an affront to people of color but it's an affront to people of good will that someone demonstrating a lack of judicial temperament can actually be nominated and given seriously serious consideration by the united states senate is beyond me but again i want to express my sincere opposition to the nomination of leslie south to the mississippi feels the circuit court of appeals mississippi needs a nominee who will not look to discourage or impede its growth but instead support and empower mississippi's legacy appreciate my colleague from ohio yielding me the time and now yield back balance of my time to her mr chairman just for a moment i recall only a few months mr jones that at that hearing significant evidence was introduced as to the statistical probability of african americans being nominated to the court it was also introduced that the population of african americans was the greatest in the state of mississippi that mississippi a few individuals on the fear circuit court of appeal and has never had an african american on a court in its entire history from the state of mississippi so this is a golden opportunity it was a golden opportunity for president bush to do the right thing but this is his third nominee for this one judge here each of the other individuals who he's nominated also had their judicial temperament and their qualifications question to the point that they were denied and so what we have here is a third bite at an apple that really deserves reconsideration by the president but since he did not choose to do so i'm committed like the other members of the congressional black caucus to make our voices he this week on the floor of the united states senate with his colleagues there to say that this is not the america that we all want to be known for and so that issue  bob jones was thoroughly air and i'm disappointed that a letter from joe southwick sway one member of the judiciary committee to change their vote  know we can all right letters but in the record we have opposing views from the magnolia bar which is the african american bar association in the state of mississippi the mississippi in double a a whole host of elected officials and others saying that this is not in the best interest going forth with this nomination so we believe that the record was complete and that they're airing of what's before that judiciary committee i would have basically provided significant opposition to judge southwick but you know this is politics that letter changed the position of one member on the judiciary who did not talk to anybody from mississippi in there not talk to anybody from california did not talk to anybody who had an interest that to the person under consideration they took the letter rated into the record and made a decision as to a person saying i will do better now that i understand that it is not proper to use it in were or that is not proper to deny african americans position on jurors just because they happen to be black well that's not enough in my book nor the congressional black caucus is book to warrant a person being elevated to the fifth circuit court of appeals now the reason i say t be honest with you is a majority of the voting rights and civil rights legislation that comes before the court generally comes from that circuit so if you have someone who demonstrate time and time again that they lack the temperament that they lack the judicial restraint to deal with cases relating to people of color then that person should not be promoted to that position for which they are nominated so for that reason i'm happy to be here on the half of those members who serve the fear circuit court of appeals in the united states house of representatives we have as you know gone on record many times in writing opposing the nomination we re an array to that position today in a letter when we found out that it would be considered sometimes this week so there's no question that people who represent individual more than seven hundred thousand american citizens in the f circuit court of appeals district in opposition to it and how can one take a letter from the person as nominated and say that one letter rises above those hundreds of thousands of people who have sent individuals to represent them here in washington gets beyond me but again we will continue to press the case as you know we have a panel to speak to the leadership before that issue is considered and do other things because this is too big an issue for us not to give it a maximum effort well i want to thank you chairman thompson for your leadership not only in the state of mississippi but also here in the congress recently had a chance to be in greenville mississippi with you what elementary school friend of mine jerry be real i'm just so happy to see the kind of leadership you're shown and i thank you for joining me this evening for this special order you very much it gives me great pleasure at this time to call upon my sista my good friend the gentle lady from california and she happens to be from the state of the senator who voted this whose vote was determining in voting this nomination out of committee but i'll leave for her the discussion on that issue i give you the g gentleman from ohio for her leadership and for her kind words but also for her commitment to equal justice under the law as a former prosecutor as a judge your leadership and your clarity on these issues is deeply appreciated and also for making sure that each week the congressional black caucus has a voice on all of the issues that we're addressing in our country this evening and yes i'd like to talk very briefly about the unfinished business  america as it relates to equal justice under the law but before i want to before i do that let me just reflect for a minute on the contributions of my colleagues in the congressional black caucus in a reflection on congressional black  us members accomplishments in this congress must begin with the recognition of the incredible leadership role members of the congressional black caucus are playing in addition to our great democratic whip mr clyburn from south carolina who is only the second african american to hold this position more than half of our caucus members twenty two in all are now serving as chairs of committees and subcommittees and i have to salute and acknowledge again madam chair of the ethics committee tonight in her leadership also first african american woman appointed to the ways and means committee it makes a difference to have again stephanie tubbs jones voice on both of those committees and also as a leader on both of those committees also in addition to the significant achievements in both legislative and oversight the congressional black caucus members have also continued to play a major role in so many issues the c b c has been long referred to as the conscience of the congress for its members steadfast refusal to turn our backs on injustice and for our commitment to shining the spotlight of truth on issues of injustice and racial prejudice wherever they may arise i am proud to say that in the hundred tenth congress the congressional black caucus has continued with this proud tradition when don imus once again crossed the line and denigrated the women of rutgers women's basketball team members of the congressional black caucus were there to call him and to document his long history of racially offensive remarks and to help see to it that sponsors understood that supporting such behavior is just bad business more recently we were part of the national call for justice for the six young people from jena louisiana whose case represents an example of a racially biased justice or injustice that is too familiar for people of color around this nation let me address another issue which my colleague our chairman of the homeland security committee the committee mr thompson just mention tomorrow the senate will hold a cloture vote on the confirmation of judge leslie southwick to the fifth circuit court of appeals now in august when the senate judiciary committee voted to send his nomination to the floor i joined with my colleagues in the congressional black caucus and speaking out against his nomination i also expressed my profound and i mean my very profound disappointment as a californian first of all and as an african american and as a woman that a senator from my home state senator feinstein would vote with the republicans to bring the southwick nomination to the senate floor numerous concerns have been raised about judge southwick commitment to equal justice with mr thompson congressman thompson just enunciated and i have profound profound concerns about the commitment to equal justice and dignity of anyone who thinks that it is ever acceptable for someone to refer or to someone else using the n word the idea of elevating a person to the fifth circuit court of appeals is quite frankly unacceptable the fact is that the fifth circuit has the highest percentage of minority residents of any other circuit yet all of the nominees over the last twenty two years have been white and fact there is only one african american member of the court and he is the only second since the court was created in eight hundred sixty nine the recent case in jena louisiana shows that racism in the criminal justice system within the jurisdiction of the fifth circuit the case in jena makes it clear why we cannot afford to send anyone less than a civil rights champion to serve on this court let alone someone with a record of hostility toward civil rights someone who thinks that it is ever acceptable for someone to refer to someone else using the n word we have come too far from the days of jim crow to tolerate the type of race this miscarriage of justice that we have seen and jena and in the record of judge southwick if we are ever to overcome the legacy of racism in this nation we have a duty to our young people to see to it that the principle of equal justice is upheld if we truly believe in our nation's friends a bill of equality before the law then we have to make sure that everyone regardless of race is held equal before the law so we are looking to our colleagues in the other body to take a stand for civil rights to take a stand against racism and to take a stand for justice and to block the nomination of judge leslie southwick in so doing we would take another step in completing this unfinished business in our country that so many people fought and died for so i want to thank the general a from ohio for once again stepping up to the plate and use and her voice and her leadership to call for justice in our country and to help defeat the nomination of this individual judge by office before you leave a congresswoman lee how many african american members are there in the california delegation in the california delegation there are four african american members of congress congresswoman maxine waters congresswoman di congresswoman richardson and myself and to your knowledge did senator feinstein even bother to contact you in any of you with regard to this particular nomination and her voting why no we tempted on many occasions to reach many members of the senate including senator feinstein and we were not able to have a discussion at all and i about this nomination which was really unfortunate because i believe that people in california  people in california people of conscience people of color people on both sides of the al do not want to see a judge from the fifth circuit confirmed with his record as judge south again we are very disappointed that we did not have the opportunity to have those commerce and in addition to the four african american members of the california delegation how many of hispanic members of the delegation are there we have a very large hispanic congressional delegation congresswoman linda sanchez we have cordova congressman dennis cardoza we have a very very strong very active and very committed delegation  from our latino community and in dallas when a significant number of the issues that the african american community raises around civil rights are some of the very same issues that hispanic community raises around civil rights as he says well they're the exact same issues that are hispanic community races also the same issues that our asian pacific american community raises and fact to the extent that we have decided several years ago to form what we call the tri caucus where i believe there are at least  that really do count and make a difference in this body and so yes we are all on the same page as it relates to equal justice under the law i thank you very much for your time and your attention and your leadership around so many issues congresswoman barbara l thanks for joining me thank you again i'll once again i have an opportunity to invite another one of my wonderful colleagues to join me this evening for the c b c message our under the leadership of our chair congresswoman cheryl carolyn cheeks kilpatrick the next  shown leadership around so many issues i want to compliment you this evening congresswoman sheila jackson lee on your presentation in the work you did during the judiciary committee hearing last week all around the jena six of fortunately i couldn't be a theory but over the weekend i watched the replay of the c span presentation i want to come in the chair our good friend from detroit michigan mr conyers but i also want to commend you on the work that you do and around that area and i will y mr speaker that we are very proud of this congress and we're proud of all of our colleagues we may agree or disagree with our friends across the aisle but we know that they bring to bear a great talent and we are proud of the democratic caucus as with our leadership speaker distinguished gentle lady from ohio has always reminded us that you can be a benevolent prosecutor you can have the spirited forcefulness that is necessary to ensure that people understand that they must follow the law and that if you do the crime you must do the time but at the same time you can have a sense of fairness and i'm so proud that she is brought her leadership to this place and i will quickly speak of some issues and then move to this question of why this is such a crucial special hour let me as i mentioned the delay from ohio is not only a prosecutor and a former judge  herself but she likewise and now brings that to bear on a several issues and i'm going to speak very briefly about members who engage in criminal justice and homeland security but she is now the chairperson of the ethics committee what a wonderful balance recognizing that we must self regulate but yet she is firm and fair and so with the seventeen cultures that we have who are members of the congressional black caucus able to spread out and have a visible impact from transportation to homeland security to education to a number of issues that the subcommittee chairs are engaged in and working with john conyers and the chairman of judiciary and the chairman of the ways and means charlie rangle and mean of homeland security but but let me tell you why i think that we are the most relevant to be speaking of this if you will confirmation hearing tomorrow because members of the congressional black caucus have worked on issues in fact well with them who unfortunately pointed the finger at fifty african americans or more who were ultimately prosecuted and went to jail because of one testimony no other witnesses and this is the issue that we face politiciz s attorneys john conyers focused on it but my good friend congresswoman stephanie tubbs jones and danny davis and so many of us have co sponsors let out on a second chance bill so she balance prosecution with recognizing that people should have a second chance this was came out of the balls if you will of the congressional black caucus the criminal justice system being fair and then of course she mentioned the jena six and i want to just frame this not by the congressional black caucus affirming bad behavior we have sun we have daughters we have children we have children that go to school public school but the question that we just can't get over is how three young people that hung nooses that triggered the bad feeling then get a pass to find someone administratively decided we want these young people to stay in school and that's their decision but then you take young people of color and you decide that they should be in the adult criminal justice system and so the african american community look to the congressional black caucus to make a stand and i'm delighted that with the leadership of chairwoman carolyn kilpatrick we have worked with the lawyers we have worked with civil rights activists to keep this before us a good time early release bill because in the federal system there's no parole and members of the congressional black caucus have focused on nonviolent criminals who have been in prison for a period of time getting considered for a good time early release you know we spent a hundred thousand dollars a year almost with a two point four million people there in the federal system the s chip bill was led by convening leadership of the majority whip working with charlie rangle but we stood fast to say no backing down on the after bill and of course have been thomson my chairperson was able to pass for the first time the nine eleven bill that leads me to why we're here talking about judge southwick and a personal story i am a voting rights baby this district that i represent first by barbara jordan mickey leland would not have existed but for the one nine hundred sixty five voting rights act that then provided the representation not at large but by district many people don't know that barbara jordan ran over and over again in houston texas and lost because she had to run county wide city why it was only when they carved out a win they were able to get a senatorial district that concentrated diverse people but concentrated african americans that she was elevated to the state senate and so the fifth circuit was the  place of first federal response be on the district court to save us from the discriminatory practices that were going on in the south in texas is the founder and so when judge southwick has cavalierly use the n word and by the way at the end of a c p buried that word and most of us know it is an offensive word despite the first amendment then i can imagine that the senate tomorrow is even going to think about affirming this individual because he ruled that a white employee who had been fired for calling an african american coworker a good role in he thought that that certainly was equivalent to the calling for by a teacher's pet but go the same response the department of justice on the bush gave us that we didn't think it was important to chastise to admonish to prosecute three young people who hung a noose and the n epidemic is around going around america so here you want to elevate someone to the fifth circuit who believes that the n word is equal that the it is like the teacher's pet the missive mississippi supreme court by the way  southwick he's also rejected defense claims a prosecutor struck african american jurors based on race i know it firsthand as a lawyer we see it every day in the harris county courthouse when the prosecution in down south houston texas repeatedly rejects african american jurors and so that is not the temperament of being on the fifth circuit because we appeal those cases to you he also expressed views raise doubts about his ability his expressed views raise doubts about his ability to rule fairly in cases involving the civil rights of gays and lesbians and we've gotten past that in the united states congress when fact we understand that you have the right employer rights or employee rights you have the rights not to be discriminated in the workplace or anywhere in america what will that do for us to be able to have a judge on the fifth circuit that has no understanding that we are a diverse and then of cause one other point that i'm going to make before i close of the most important privileges excuse me one of the most important privileges is a privilege of being in the workplace safe and secure without discrimination and it has been proven that judge southwick is not one that supports the rights of workers and the victims who suffer personal injury so what it means is that you come before his court obviously on appeal and whether it be a malpractise case or whether be a huge personal injury case then he has not been warmly received or he has not received and he has not received well these cases and so i would simply ask when you talk about judicial temperament and for those of us who are heavily dependent on the equality and balance of the judiciary and congresswoman i reminded my colleagues and others in the hearing last week that the federal government is the rainy day umbrella that's why we were so frustrated with hurricane katrina and the response by this administration because we look to the federal government as that last stop gap and so those of us in the south look to the federal government whether it was john f kennedy calling down the martin luther king was in jail or eisenhower's in the troops and in little rock we look to the federal government all of us do and so you're going to put on the bench someone who is predisposed that the n word just a funny word and then those of us who go to the fifth circuit on redistricting cases short of the law that already exists can expect any relief because why do you in people need to have districts that you are able to vote on someone of communities of interest in essence or someone who is represent of your perspective or your view that is what we get the affirmation of just southwi and so i'm going to make a personal plea to senators who might have voted in the committee a and whoever wants to take this plea to recognize the pain that would be generated from the affirmation of just southwi k it is untenable for those of us who want to hold up this flag that i'm looking at right now as representative of all of america stars and stripes that we would allow someone let him stay where he is by and i welcome his continued service but the fifth circuit the next court subject to appeal out of the supreme court up to the supreme court cannot afford someone who would be so intolerable that they would this respect those who would be the victims of using the n word those who are gay and lesbian who deserve the privileges of every citizen and certainly do not respect the right of everyone to serve as a juror in order for someone to be tried by a jury of their peers congresswoman i am more than a paul that we will be here tonight to have to intreat to encourage to cajole if you will to express outrage that we have to defend our position for someone who is certainly both in the bill and certainly seemingly without the temperament to judge on behalf of the united states of america i ask my the friends in the senate i ask them the other body to consider the words of those of us who are here on behalf of the congressional black caucus and this