The sprint is on. Fresh off the triumph of Justice Ketanji Brown Jackson’s confirmation, the Senate has an opportunity in the coming months to move our federal courts closer to the promise of respecting and championing the rights of all of us, not just the wealthy and powerful.
As of today, 24 circuit court and 89 district court vacancies remain to be filled. Election Day is in less than seven months. As our President Rakim Brooks told the media, “Mitch McConnell and Lindsey Graham have recently reminded us that Senate Republicans will block all of President Biden’s nominees from confirmation if they take control of the Senate.” So we must keep the pressure up on the Senate to confirm the diverse slate of judicial nominees currently before them—and the many more to come. We must also push President Biden to make as many judicial nominations as possible before the midterms. To fill each circuit court vacancy, for example, two circuit court nominees will need to appear on each Senate Judiciary Committee panel between now and the end of 2022.
By the way, have you checked how your senators voted on Judge Jackson’s nomination? Take a moment to do so here.
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The Good News: Urgency Like Never Before
The first post-KBJ confirmation hearing in the Senate Judiciary Committee is set for April 27, 2022. As celebrations shift back to fierce determination, President Biden, Senator Schumer and Chairman Durbin are demonstrating their steady commitment to prioritizing judicial vacancies.
AFJ is coordinating with our partners on a full court press as exceptional champions of justice move through the process toward confirmation. Some, including Nancy Abudu (11th Cir.), have long awaited a hearing. Meanwhile, several other historic nominees have advanced, but require a final vote to formally move out of committee. This group includes renowned habeas and voting rights advocates Arianna Freeman (3d. Cir.) and Dale Ho (U.S. District Court, S.D.N.Y.).
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11th Circuit nominee and civil rights champion Nancy Abudu
Pay Attention: More Historic Firsts
Last week, President Biden wasted no time announcing his sixteenth slate of judicial nominees. These nominees continue President Biden’s commitment to filling our federal courts with judges who reflect the demographic and professional diversity of the nation.
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What’s Next?
We know the playbook for those committed to preserving the status quo on our courts. To counter it, we need to continue the momentum we built during Justice Jackson’s confirmation. Her hearings revealed the depths that opponents of equal justice will sink to smear nominees who’ve spent their career defending constitutional rights for the benefit of all.
With more transformational judicial nominees forthcoming, and so many of the vacancies left to be filled in states with one or more Republican senators, tough and vital nomination fights are still to come. Stay tuned.
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