Senate News    

Senate Democrats made important strides before the holiday break in advancing judicial nominations, but the work is far from finished. With President-elect Trump set to return to the White House and Republicans taking control of the Senate in January, every judicial appointment matters. Senate Republicans have used every procedural tactic to slow the confirmation process, including forcing roll call votes. This has reportedly led to a “deal” brokered by Senate Majority Leader Schumer, prioritizing district court nominations at the expense of circuit court nominees. Unfortunately, this deal will only benefit Trump, giving him a free hand to shape the circuit courts as he did with the 5th U.S. Circuit Court of Appeals, which consistently takes right-wing extremist positions.  

With limited time left, Senate Democrats and Leader Schumer must stay committed to confirming judges who will protect the guardrails of democracy. As Senator Hirono pointed out, circuit court nominees are critical because they are one step removed from the Supreme Court. With troubling examples like Matthew Kacsmaryk and Aileen Cannon, it's clear what kind of judges Trump will appoint—and elevate to the circuit courts. With roughly 40 judicial vacancies awaiting Trump, there can be no deal that makes it easier for such nominees to secure federal appointments. 

If the Senate abandons the remaining circuit court nominees, it would be turning its back on exceptional individuals like Adeel Mangi for the 3rd Circuit a top 100 trial lawyer with an impressive legal background and a strong record of pro bono civil rights work. It would also mean abandoning Ryan Park for the 4th Circuit, North Carolina’s respected solicitor general and the first Asian American nominated to the 4th Circuit. Additionally, it would mean overlooking Karla Campbell for the 6th Circuit, a labor law expert with much-needed experience in a field severely underrepresented on our federal courts. 

As the window for judicial confirmations closes, we can only hope Senate leadership remains determined to protect the integrity of the federal judiciary and uphold the rights of the American people by giving all these nominees the votes they deserve.

The Good News 

Last week, we were excited to see the Senate make progress on the confirmation of many of President Biden’s fair and qualified judicial nominees. The Senate confirmed Embry Kidd for the 11th Circuit and Sharad Desai (D. AZ), in addition to a host of other historic judicial nominees. These are the exceptional nominees that have been elevated to the federal bench:  

Mustafa Kasubhai (D. OR): Kasubhai will bring both demographic and professional diversity to the federal bench. He will be the first Muslim American to serve on the Oregon District Court and one of the few federal judges with plaintiff-side labor law experience. His extensive public service background adds to the breadth of his qualifications.  

Sarah Russell (D. CT): A lifelong public servant, Russell has dedicated her career to advocating for the rights of incarcerated individuals. She has worked to safeguard the health of medically vulnerable prisoners and to challenge unjust reimprisonment practices. 

Rebecca Pennell (E.D. Wash.): As a Federal Defender for Eastern Washington and Idaho in Yakima, Pennell has devoted her career to upholding the fundamental principles of justice, ensuring that every person has access to a defense in the criminal justice system. Before becoming a public defender, she worked at TeamChild, where she helped protect the rights of vulnerable youth, focusing on education, healthcare, housing, and other critical needs. 

Amir Ali (D. D.C): A veteran civil rights litigator and the son of Egyptian immigrants, Ali has dedicated his legal career to advocating for the rights of under-resourced individuals and marginalized communities. He played a key role in litigating major civil rights cases before the U.S. Supreme Court, including securing the constitutional right to counsel, even for those who have pleaded guilty, and challenging unconstitutional mandatory minimum sentences. 

What’s Next  

When the Senate returns on Monday, December 2, it will have only a few legislative days left to confirm nominees. Serena Murillo (C.D. Cal.) and Ben Cheeks (S.D. Cal.), who received hearings before the break, are the last nominees likely to reach the floor. This will mean 18 judicial nominations pending on the Senate floor, and each one must be confirmed—no exceptions. Below is the status of the other nominees: 

The Senate has invoked cloture, setting the stage for a confirmation vote on Sparkle Sooknanan (D. D.C.), Brian Murphy (D. MA), Noel Wise (N.D. Cal.), and Gail Weilheimer (E.D. Pa.). We are especially pleased to see cloture invoked for Anne Hwang (C.D. Cal.), Cynthia Dixon (C.D. Cal.), and Catherine Henry (E.D. Pa.), and we look forward to their confirmation to the federal bench. 

The Senate Judiciary Committee recently voted out the following judicial nominees:  Anthony Brindisi (S.D. NY), Elizabeth Coombe (N.D. NY), Sarah Davenport (D. NM), Tiffany Johnson (N.D. GA), Keli Neary (M.D. PA). They are now headed to the Senate floor. 

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