The Supreme Court    

Recently, the Supreme Court heard arguments in two significant cases: United States v. Skrmetti, which addresses the constitutionality of a Tennessee law that bans gender-affirming care for transgender minors, and Seven County Infrastructure v. Eagle County, Colo., which involves the National Environmental Policy Act (NEPA) and its scope in requiring environmental impact analyses for large projects to prevent unnecessary environmental harm. 

In the environmental case, Justice Gorsuch unexpectedly recused himself after facing pressure from advocates and Democratic lawmakers, who pointed out his personal connection to an individual involved in the case who stood to benefit financially from the outcome. 

Decisions in both cases are not expected until next year, but they will have a significant impact on LGBTQ+ rights and environmental protections. For a broader look at other important cases this term, check out our Supreme Court Term Preview. 

The Good News 

With less than two weeks of legislative session left, time is of the essence to confirm President Biden’s remaining nominees. Fortunately, the Senate has made significant progress on district court nominees. The Senate has confirmed all pending district court nominees awaiting a final vote, bringing Biden's total number of judicial confirmations to 233. This includes several highly qualified judges, such as Brian Murphy (D. MA), Gail Weilheimer (E.D. Pa.), Anthony Brindisi (S.D. N.Y.), Tiffany Johnson (N.D. GA), Noel Wise (N.D. Cal), and Keli Neary (M.D. Pa.). With the confirmation of the remaining district court judges, the Senate has ensured that the following exceptional jurists will bring much-needed professional diversity to the federal bench: 

Anne Hwang (C.D. Cal.): A career public defender with judicial experience in the Los Angeles Superior Court, Hwang is committed to securing justice for all. 

Catherine Henry (E.D. Pa.): As a career public defender,  Henry has shown a steadfast commitment to public service, working tirelessly to advance justice and equality for all. 

Cynthia Valenzuela Dixon (C.D. Cal.): With extensive experience in civil rights litigation, including serving in the U.S. Department of Justice’s Civil Rights Division and leading National Litigation for the Mexican American Legal Defense and Educational Fund, Dixon also brings valuable judicial experience as a former judge on the California State Bar Court. 

Sparkle Sooknanan (D.D.C.): A dedicated champion of civil rights,  Sooknanan has been a leader in the Justice Department’s Civil Rights Division, working to combat discrimination and protect equal rights, particularly at a time when these rights are under threat. 

What’s Next  

The Senate Judiciary Committee, along party lines, voted  Ben Cheeks (S.D. Cal) and Serena Murillo (C.D. Cal)  out of committee this morning. We look forward to their swift confirmation to the bench and hope the Senate will continue to confirm the remaining judicial nominees pending on the Senate Floor.   

After what appears to be a disappointing deal brokered by Leader Chuck Schumer, AFJ remains steadfast in its fight to ensure the confirmation of all four remaining circuit court nominees. This includes three exceptionally qualified nominees: Adeel Mangi (3rd Cir.), Ryan Park (4th Cir.), and Karla Campbell (6th Cir.). Each of these nominees would bring valuable professional and demographic diversity to the federal bench. Failing to fill these critical vacancies and leaving them open for Trump and his team of loyalists next term would jeopardize the civil and human rights of millions of Americans living in these jurisdictions. 

On Tuesday we joined our partners at People For the American Way, Stand Up America, Indivisible, Progressive Change Institute, and others on the Hill to deliver sleeping bags to senate offices with a clear message: Stay in nights, weekends, whatever it takes to confirm every pending nominee before the end of the year – no excuses. And just yesterday our Interim Co-President Keith Thirion spoke with People for the American Way President Svante Myrick on a livestream featuring Sen. Elizabeth Warren on the importance of confirming judges and the threat of the Trump judges waiting in the wings. 

During the lame duck period, Alliance for Justice along with our coalition partners and member organizations have been urging the Senate to confirm judicial nominees before time runs out and a Republican trifecta takes over. Our campaign, "No Vacancies, No Excuses" is calling on Leader Schumer and Senate Democrats to do whatever it takes to confirm nominees now. Please join us in calling on the Senate to hold a vote for every pending federal judicial nominee.  

You can do so by contacting your Senators and asking them to prioritize confirming all nominees. For additional resources refer to our Fair Courts Toolkit on how to become involved in the final push to confirm Biden’s outstanding nominees.  

The Senate cannot leave judicial vacancies for Trump to do more damage. Senators must prioritize confirming all remaining judicial nominees, including the four circuit court nominees currently awaiting a vote on the Senate floor. If these nominees are not confirmed, the Circuit Courts could undergo significant ideological shifts. It is essential that no Biden judicial nominee is left behind. No Vacancies, No Excuses.  

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