Summer is officially over, and you know what that means: Congress is back in session! This first week has been action-packed to say the least, with two new slates of judicial nominees, one lively Senate Judiciary Committee hearing, and several more concerning ethics revelations from the Supreme Court.
First – the Supreme Court. The 2023-2024 term is mere weeks away and the highest court in the land continued to be embroiled in controversy. On September 10, Politico reported that Ginni Thomas, wife of Justice Clarence Thomas, and Leonard Leo, founder of the Federalist Society, capitalized on the Supreme Court’s landmark ruling in Citizens United to inject dark money into politics. Mere months before the Court’s decision came down, Thomas and Leo founded an organization called Liberty Central which, though now dormant, was the springboard for Thomas’s entry into high-level Republican politics. A key donor to this new organization? Harlan Crow. While the web of ties between Thomas, Leo, and Crow continues to be unraveled one thing is clear: Justice Thomas’s ethical problems will not be over any time soon.
Also in the news this week was Justice Samuel Alito, who controversially refused to recuse himself from an upcoming tax law case. David B. Rivkin, an attorney in the case, has interviewed Justice Alito several times for the Wall Street Journal, publishing highly complimentary pieces on the Justice. Senate Democrats on the Judiciary Committee called for Justice Alito’s recusal back in early August, stating: “Mr. Rivkin’s access to Justice Alito and efforts to help Justice Alito air his personal grievances could cast on doubt on Justice Alito’s ability to fairly discharge his duties…”
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On September 6, the Senate Judiciary Committee kicked off its first round of fall nomination hearings. Among the nominees before the Committee were Richard Federico (10th Cir.) and Judge Eumi Lee (N.D. Cal.). Mr. Federico is a former military judge and advocate who now serves as a Senior Litigator with the Federal Public Defender’s Office for the District of Kansas. Given how few current federal judges have public defense experience, we are pleased to have a 10th Circuit nominee who can bring this valuable perspective to the federal bench. Judge Lee currently serves on the Alameda County Superior Court and spent several years of her career at the University of California College of Law in San Francisco. In addition to her extensive legal experience, Judge Lee brings valuable diversity to the bench as a Korean American woman. Both Mr. Federico and Judge Lee would make tremendous additions to our federal courts.
In the past two weeks, the Biden Administration has announced two new slates of judicial nominations. Here are the nominees that we at AFJ are particularly excited about: -
Judge Mustafa Kasubhai (D. OR). Judge Kasubhai is a labor rights champion and LGBTQ+ advocate who has spent the last five years serving as a U.S. Magistrate Judge for the District of Oregon. If confirmed, Judge Kasubhai would be the first Muslim person to serve on the Oregon District Court and the third Muslim judge to serve on a federal court.
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Judge Shanlyn A.S. Park (D. HI). Currently a judge on the First Circuit Court in O’ahu, Judge Park spent an impressive twenty years working in public defense. Judge Park’s confirmation would make her the only Native Hawaiian woman serving on a federal court.
In other good news, Judge Jeffrey Cummings was confirmed to the United States District Court for the Northern District of Illinois! Judge Cummings’ extensive experience both as a magistrate judge and a litigator will be an asset to the federal bench. |
Next week, the Congressional Black Caucus will host its Annual Legislative Conference. In July, the Caucus requested reforms to the blue slip process, a Senate procedural tool which has long been used to stymie the confirmation of diverse judges to federal courts. Like the Congressional Black Caucus, AFJ supports reforming the blue slip process. For too long, the blue slip has been used to keep qualified, fair-minded, and diverse individuals off the federal bench and the time for reform is now.
Please join Alliance for Justice, Earthjustice, Democracy Forward, and Gupta Wessler LLP for an in-person Supreme Court Term Preview on Tuesday, September 19, from 6-8pm ET in Washington, D.C. This event in AFJ’s Holding Court series will feature remarks from Congresswoman Deborah Ross (NC-02), Vice Ranking Member of the House Judiciary Committee; Congresswoman Becca Balint (VT-AL), House Judiciary Committee Member; and Congressman Jamie Raskin (MD-08), Ranking Member of the House Committee on Oversight and Accountability, followed by a panel discussion of the upcoming cases on this term's docket and the implications for our rights and freedoms.
Moderated by AFJ President Rakim Brooks, the panel will include Deepak Gupta, Founding Principal of Gupta Wessler; Esther Sanchez-Gomez, Litigation Director at Giffords Law Center; and Sam Sankar, Senior Vice President for Programs at Earthjustice. There will be a reception at 6pm with food and refreshments. The speaking program will start at 6:30pm. We will turn to audience questions at the end of the program. More information and registration here.
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