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Democrats In The Senate Must Do Whatever It Takes To Confirm President Biden’s Judicial Nominees

November 2024

TOPLINE MESSAGE: Demand Justice’s new campaign urges the Senate to confirm as many judges as possible in the lame duck session. There are dozens of qualified, fair-minded judges pending before the Senate–the American people deserve to have these individuals on the bench.

The Senate must do whatever it takes–staying late, working weekends–to confirm the fair-minded, qualified judges the American people deserve. Trump’s appointments were historically extreme and have had devastating consequences for the rights and well-being of everyone in our country. His nominations for the next four years will be no different 

We have a rapidly closing window to fight back against the extremist judges that are sure to come and confirm judges who will protect our reproductive freedoms, prevent abhorrent and illegal policy like mass deportations, and serve as one of the last guardrails in upholding the Constitution. Even one judge can make a difference.

In our campaign, we will work with a broad coalition of partners to utilize a variety of tactics, including press events, paid advertisements, and direct engagement with Senators in order to urge the Democratic Majority to confirm these judges.

Key Points:

  • Senate Democrats must do whatever it takes to confirm as many fair judges as possible during the lame duck – including working late and weekends.
    • Senate Democrats owe it to the American people to make this final push to protect against an incoming Republican majority and Trump presidency and their extremist, unqualified judges.
    • The first Trump Administration filled the courts with extremist judges that have radically changed the laws in our country and endangered the lives of millions–and they are still standing in the way of justice today. 
    • There is no reason not to believe that his nominees over the next four years will similarly be unqualified, extremist, and loyal to partisan interests.
    • We need to help rebalance the judiciary with these pending nominees before it’s too late. 
  • In 2020, the Republican-led Senate confirmed 14 judges after election day while Trump was busy contesting the 2020 election. The current Senate must do more.
    • McConnell and the Republican Senate wasted no time confirming judges in the 2020 lame duck. 
    • In total, they confirmed 14 judges after election day, including Aileen Cannon (S.D. Fla.) who most notably helped delay the classified documents case until after the election and could be our next Attorney General in a Trump presidency.
    • This number, however, shouldn’t be conflated with a goal. The Senate should work to confirm every nominee possible. 
  • This is our last chance to act to confirm judges who we know will help protect our fundamental rights and serve as the last line of defense to uphold our nation’s laws and the Constitution. 
    • 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 he will also likely get to appoint at least 2 more Supreme Court Justices. 
    • The possible ramifications 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. 
    • Even one judge can make the difference.