Last week, Alliance for Justice released Economic Justice, Judges, and the Law, a first-of-its-kind report detailing the severe under-representation of lawyers with backgrounds in labor and economic justice fields among active federal appellate judges. Our report finds that judges with corporate law and prosecutorial backgrounds dominate the federal judiciary, which has led to unfavorable rulings for workers and consumers. Since 2011 alone, the Supreme Court has issued 7 decisions that have harmed an estimated 74 million working people and families.
President Biden has taken exceptional steps to add professional and demographic diversity to the federal bench, but there is still an urgent need for more judges with economic justice experience. As Representative Pramila Jayapal (D-WA) said in reaction to the release of our report, “It is abundantly clear that we need more judges on the federal bench that will protect the interests of American workers and consumers, not those of corporations and the privileged few.” Read the full report here.
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The Good News: Two More Equal Justice Champions Confirmed
During the first week of August, the U.S. Senate confirmed two more lifetime federal judges: Roopali Desai (9th Circuit, Arizona) and Elizabeth Hanes (Eastern District of Virginia). Both women bring important professional diversity to their respective courts. Judge Desai has significant experience protecting elections in Arizona, while Judge Hanes previously served as a public defender and a consumer protection civil litigator. Notably, Judge Desai will make history as the first South Asian person to serve on the Ninth Circuit.
In total, there have now been 76 Article III judges confirmed under the Biden administration, an important accomplishment that will help offset the conservative imprint of the Trump era. However, if we are to truly restore our courts the Senate must confirm many more professionally and demographically diverse nominees who have dedicated their careers to equal justice.
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Pay Attention: Senate Democrats Must Commit to Judges After August Recess
The Democratic-controlled Senate has far exceeded those under prior administrations in terms of confirming equal justice judges from a range of backgrounds. However, progressives’ calls to work through the recess on judicial nominations went unheeded due to legislative work. It is imperative that Leader Schumer, Senate Judiciary Committee members, and the entire Democratic caucus move with unparalleled urgency to hold hearings and confirm judges as soon as the Senate returns this September.
Currently, there are more than 100 judicial vacancies and only 18 nominees awaiting final votes. With control of the 50-50 Senate hanging in the balance, Senate Democrats must take a page out of Mitch McConnell’s playbook and “leave no vacancy behind.” A Republican-controlled Senate would be likely to drastically slow down, if not altogether stop, any judicial vacancies from being filled if they take control of the Senate following the midterm elections.
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What's Next: Cloture Filed on Two Nominees
Leader Schumer filed cloture on two nominees who are set to have their confirmation votes in early September:
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Andre Mathis, nominated to the U.S. Court of Appeals for the Sixth Circuit, has a wide range of civil and criminal federal legal experience. His pro bono work has included working with the Tennessee Innocence Project to help overturn wrongful convictions. Mr. Mathis would be the first Black man to sit on the Sixth Circuit from Tennessee.
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John Lee, nominated to the U.S. Court of Appeals for the Seventh Circuit, brings a decade of experience serving on the U.S. District Court for the Northern District of Illinois. Prior to joining the bench, Judge Lee worked in private practice primarily in environmental law, employment, and anti-trust litigation. He would be the first Asian-American judge to ever serve on the Seventh Circuit.
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