This week’s news was devastating. A leaked draft opinion showing that five conservatives on the Supreme Court plan to overturn the constitutional right to an abortion confirmed what we long feared: the conservative majority on the Court is a direct threat to our hard-fought rights. AFJ is confronting this critical moment with renewed zeal, as we continue our push to fill every judicial vacancy with judges committed to protecting equal justice under law and our most cherished rights rooted in the Fourteenth Amendment.  

While abortion is still legal in the United States today, should a decision anything like Alito’s draft have the force of law, it will harm millions of people and have a heightened impact on Black, Indigenous, and other people of color. Alito also named the risk to other privacy rights like contraception, interracial marriage, and marriage equality – also rooted in the Fourteenth Amendment. We can no longer rely on the Supreme Court to preserve our most cherished rights. Now more than ever, we must fill our lower federal courts with judges with a diversity of experience fighting for all, not just the wealthy and powerful. These are the jurists who will decide the vast majority of federal cases that are not heard by the increasingly lawless, hyper-partisan Supreme Court. These lower court nominees also form the bench for the next generation of Supreme Court selections. 

The Good News: Historic Progress 

To date, the Biden Administration has confirmed 62 judges to lifetime appointments on our federal courts, including Ketanji Brown Jackson to the Supreme Court! AFJ is keeping the pressure on to fill the remaining 24 circuit court and 91 district court vacancies  with nominees who reflect America’s diversity and are dedicated to protecting our constitutional rights. 

The next Senate Judiciary Committee hearing, which is set for May 11, 2022, will feature more nominees who bring essential perspectives to the bench. They include:  

• Salvador Mendoza, Jr., nominated to the U.S. Court of Appeals for the Ninth Circuit, would be the first Hispanic judge from Washington state to ever serve on the Ninth Circuit. He has served as a federal district court judge for the Eastern District of Washington since 2014 and will bring critical criminal defense experience to the circuit. 
  
  
• Nancy Maldonado, nominated to the U.S. District Court for the Northern District of Illinois, would be the first Hispanic woman to ever serve as a federal judge in Illinois. Maldonado is currently a partner at the Chicago civil rights firm Miner, Barnhill & Galland, P.C., and has extensive experience defending labor, civil, and human rights. 
  

Pay Attention: More Historic Firsts

There are more remarkable nominees on the way! Last week, President Biden announced his latest slate of judicial nominees, composed entirely of women. Here are some highlights: 

• Judge Sarah A.L. Merriam (2nd Cir., CT), Lara E. Montecalvo (1st Cir., RI), and Elizabeth Hanes (E.D. Va.) all bring experience as public defenders.  
  
  
• Ana Reyes, nominated to the U.S. District Court for the District of Columbia, would be the first Hispanic woman and first openly LGBTQ+ person on the court. She will also bring substantial international law experience to the bench.  
  
  
• Anne Nardacci, nominated to the U.S. District Court for the Northern District of New York, has spent nearly two decades as a litigator in federal court fighting for the rights of consumers. If confirmed, she will make the Northern District’s bench majority female.  

What’s Next?  

This week’s draft abortion opinion makes crystal clear that the Supreme Court’s conservative majority will not protect our rights. Our response must be equally resolute because our democracy is in peril. The sprint is on to fill every judicial vacancy by the end of this year, pass the Women’s Health Protection Act to codify the right to abortion, and push Congress on necessary court reforms, including court expansion. We must also turn our attention to the state supreme courts, where we can work to protect rights and liberties enshrined in our state constitutions. We cannot give up hope. Stay tuned for new and unparalleled resources on engaging with your state courts from Alliance for Justice very soon.  

Thank you, as always, for being in this fight.  

Donate today to help us keep up The Rush. 

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