Activists will rally outside the San Francisco office of U.S. Sen. Dianne Feinstein, D-Calif., tomorrow to present her with a petition opposing the confirmation of Judge Leslie Southwick to the 5th U.S. Circuit Court of Appeals.

Remember, Southwick’s confirmation wouldn’t even be an issue had Feinstein not been the lone Democrat to vote with the Senate Judiciary Committee‘s nine Republicans in early August to move the nomination to a floor vote.

Southwick’s critics often point to a pair of controversial opinions in which he took part while serving on the Mississippi Court of Appeals, The Hill notes. In one, he joined a narrow majority to uphold the reinstatement of a white state employee who had lost his job for using a racial slur. In another, he joined a decision to award custody of an 8-year-old child to her father instead of her bisexual mother. The decision inflamed liberal activists for its pointed use of the word “homosexual” instead of “gay.”

Working Assets also notes Southwick:

Working Assets set up an online campaign in June to encourage its customers who are Senate Judiciary members’ constituents to email their Senators and urge them to oppose the Southwick nomination; more than 20,000 such emails were sent including more than 6,900 to Feinstein — yet Feinstein has stated that she didn’t hear much from her constituents opposing Southwick.

The vote incurred the wrath of many of Feinstein’s fellow Democrats, and now Working Assets president Michael Kieschnick and Equal Justice Society president and founder Eva Paterson will be outside DiFi’s office tomorrow; National Center for Lesbian Rights executive director Kate Kendall and National Bar Association president Vanita Banks might show, too. That’s at 11 a.m. Tuesday outside 1 Post St. (at Market and Montgomery streets) in San Francisco.