Demand Justice Launches New “Whatever It Takes” Campaign Urging Senate To Confirm As Many Judges As Possible In Lame Duck

Press Release / November 14, 2024

FOR IMMEDIATE RELEASE

November 14, 2024

CONTACT: [email protected]

29 Judicial Nominees Remain In Limbo Weeks Before New Senate Republican Majority 

Washington, DC – Following the results of the 2024 election, Demand Justice announced a new campaign urging Democratic senators to do whatever it takes to confirm as many of Biden’s remaining judicial nominees who will safeguard Americans’ rights. 

The Senate’s first few votes since lawmakers returned to Washington this week have been judicial confirmations.​ This promising start must set the stage for momentum to continue on nominees throughout the rest of the year. 

Demand Justice Managing Director Maggie Jo Buchanan said the following:

“With only weeks left before the new Congress, it’s more urgent than ever that Democratic senators do whatever it takes – staying late, working weekends – during the lame duck session to confirm the dozens of remaining fair-minded, qualified judges nominated by President Biden that the American people deserve. 

“The past several years, despite claims that the country is hopelessly polarized, have also demonstrated that Americans are largely united on critical freedoms, with a belief in protecting reproductive rights being chief among those rights. They deserve judges that will protect freedoms, not roll them back.  

“We have a critical opportunity to work towards restoring balance to the judiciary.”

The Current State Of Play

  • 29 Nominees in Limbo
    • 15 waiting for cloture and confirmation votes (4 circuit, 11 district)
    • 8 waiting for Senate Judiciary Committee votes (1 circuit, 7 district)
    • 6 awaiting hearings (6 district)

The Campaign

Demand Justice will work with a broad coalition of partners to urge Americans to demand that their senators take this last chance to confirm as many fair judges as possible before Trump takes power.

Tactics will include:

  • Massive lobbying effort aimed at senators;
  • Visibility and press events urging action with the key constituencies with the most at stake;
  • New website to keep constituents updated on the state of play;
  • Digital ads targeting key senators.

Background On Trump’s Possible Impact on the Judiciary

Over the next four years, roughly 250 circuit and district court judges are, or will become, eligible for senior status. On top of the current and known future vacancies in states with two Republican senators, there is every real chance that Trump will get to appoint another 200+ lower court judges. Not to mention the fact that, depending on retirements at the highest level of our judicial system, he will also likely get to appoint at least 2 more Supreme Court Justices. 

The effects of this cannot be understated. We’ve already seen the damage the current Trump justices and judges have unleashed on our civil rights. For instance: 

  • All three Trump Supreme Court justices were part of the majority in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade.
  • Judge James Ho (5th Cir.) was part of the Fifth Circuit’s opinion that would have sharply curtailed access to mifepristone, the abortion pill. Ho also wrote a dissent in the case where he would have gone even further than the majority opinion in some respects.
  • Trump’s circuit court judges have repeatedly authored or joined anti-worker opinions, including cases which made it harder to file discrimination claims.  

There is a very real possibility in four years time that a majority of the justices and roughly half of all active lower court judges will be Trump appointees. This is our last chance to act to confirm judges who will help protect our fundamental rights and serve as the last line of defense to uphold our nation’s laws and the Constitution.

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