Calling all Strict Scrutiny fans! Our fearless leader Rakim Brooks appeared on Crooked Media’s Supreme Court podcast to talk all things lower federal courts! Listen to the full episode, “How Mitch Rigged the Courts”, to learn more about how federal judges are selected, why Mitch McConnell packed the courts with conservative ideologues, and what Democrats need to do to move forward in the judicial selection process.
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The Good News: Confirmations Continue
Last week, the Senate confirmed four more lifetime federal judges: J. Michelle Childs (D.C. Circuit), Nina Wang (District of Colorado), Nancy Maldonado, (Northern District of Illinois), and Gregory Williams (District of Delaware). We are particularly excited about Judge Maldonado's confirmation; a long-time labor and civil rights lawyer, she is the first Latina federal judge in Illinois. This brings us to 74 Article III judges confirmed, including Supreme Court Justice Ketanji Brown Jackson.
The Senate Judiciary Committee also held its latest hearing on July 27th for five more judicial nominees, the standout being Bradley Garcia (D.C. Circuit). Latinx people are historically underrepresented on the federal bench; as of 2020, while the U.S. population was 18.5% Latinx, only 7% of Article III judges were Latinx. In an important moment for judicial diversity, Garcia would be the first Latino to ever serve on the D.C. Circuit. Additionally, Dana Douglas (5th Circuit, Louisiana) would be the first woman of color to sit on the Fifth Circuit.
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Pay Attention: Equal Justice Champions Awaiting Confirmation
With the midterm elections threatening control of the Senate, there is no time to waste on judicial nominations. In addition to nominees pending in Committee, there are currently 15 nominees awaiting final votes on the Senate floor. Leader Schumer and Chairman Durbin must prioritize confirming as many judicial nominees as possible before the summer recess, and we urge them to delay that recess to confirm more champions of justice to the bench. Here are two of the excellent nominees awaiting confirmation:
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Arianna Freeman, nominated to the U.S. Court of Appeals for the Third Circuit, has spent her entire legal career as a public defender, specializing in the representation of individuals on death row in post-conviction appeals. Freeman would be the first Black woman to ever serve on the Third Circuit.
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Nusrat Choudhury, nominated to the U.S. District Court for the Eastern District of New York, is a civil rights champion currently serving as Legal Director of the American Civil Liberties Union (ACLU) of Illinois. She would be the first Muslim woman and first Bangladeshi American to serve as a federal judge.
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What's Next: What Will the Senate Commit To?
With news breaking that a climate and health care reconciliation spending bill may be moving forward, and as more senators test positive for COVID-19 and must quarantine, it is imperative that the Senate majority’s leadership have a plan to confirm these remarkable nominees with the experience and backgrounds we desperately need on our federal courts as soon as possible.
It’s worth remembering that in the last summer before a midterm election - in 2018 - the then-Republican Senate majority gave up some of their summer recess to ensure right-wing ideologue nominees got over the line to confirmation. A failure to match that sense of urgency this summer would be a costly missed opportunity. We must move expeditiously toward a judiciary that respects the rights of all.
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