As the Supreme Court continues to undermine our rights, the Senate must confirm judicial nominees for the circuit and district courts who will still protect them.
SCOTUS & Reproductive Health Care
Although the Supreme Court's landmark ruling that overturned the constitutional right to abortion stated that issues related to reproductive health care would be left to the states, the court has since remained deeply involved in legal disputes over these matters. Recently, it upheld a decision in Texas that restricts emergency abortions in violation of state law, without providing detailed reasoning. This ruling currently allows Texas to disregard federal law.
Additionally, Justice Samuel Alito, the author of the Dobbsdecision, has attracted attention for his connection with Princess Gloria von Thurn und Taxis, a well-known activist associated with far-right movements in Europe and a vocal opponent of abortion and immigration. This relationship raises concerns about Justice Alito's objectivity in important cases that frequently come before the court.
The Good News
President Biden has announced the final two judicial nominations of his administration: Judge Serena Murillo for the Central District of California District Court and Judge Ben Cheeks for the Southern District of California District Court.
We are especially excited about Judge Cheeks, who was appointed as a magistrate judge for the Central District of California earlier this year. From 2013 until he was appointed to the bench, Cheeks worked in private practice in criminal defense and plaintiffs' side civil work. He also served as an Assistant United States Attorney in San Diego from 2010 to 2013.
In his book published earlier this year, Berman examines the consequences to American democracy with the alarming rise of minority rule. Through historical analysis, Berman outlines how antidemocratic measures were baked into the U.S. Constitution and how the minority has leveraged these measures to their advantage. Berman explains how the courts have been manipulated to exploit power over the will of the people. We have seen countless examples in recent years of this extreme Supreme Court protecting the power of the minority and favoring special interests over people, including overturning established precedent on health, environment, public safety, and democracy. Berman will discuss the challenges facing American democracy and what can be done to safeguard our fundamental rights.
As the Senate prepares to reconvene after the election, it’s crucial for Majority Leader Schumer to prioritize judicial nominations amidst a packed legislative agenda that includes government funding. With 213 judicial confirmations, President Biden and Majority Leader Schumer are approaching the number of confirmations achieved under Senator McConnell’s leadership in the prior administration (234).
However, this is about more than just the quantity of judges confirmed; it is equally about the quality of Biden’s nominees who are waiting for a vote. The judicial nominees awaiting confirmation—whether on the floor or in committee—are exceptionally well qualified and represent a diverse range of professional and demographic backgrounds. We are particularly eager to see our long-standing priority nominees finally confirmed, as their confirmations will significantly impact the judiciary's integrity and effectiveness.
Not yet receiving AFJ Insider? Sign up to join us here.
