Schumer and Durbin

U.S. Senate Majority Leader Chuck Schumer (D-N.Y.) and Judiciary Committee Chair Dick Durbin (D-Ill.) speak prior to an address at the Capitol in Washington, D.C., on July 19, 2023.

(Photo: Andrew Caballero-Reynolds/AFP via Getty Images)

100+ Groups Urge Senate to Build 'Federal Judiciary That Works for All of Us'

"With nearly 100 lifetime judicial vacancies across the nation, the work of building an equal justice judiciary must accelerate."

With only a year left in Democratic President Joe Biden's first term, over 100 national advocacy groups on Wednesday pressured U.S. senators to step up efforts to build "a federal judiciary that lives up to its promise of equal justice for all."

Former Republican President Donald Trump, the front-runner to face Biden in the November election, had 234 federal judges—largely picked from a right-wing pool of names selected by big money interests—confirmed to lifetime appointments by the Senate. Biden is trailing his predecessor's pace with just 168—among them, 108 women, 111 people of color, and nearly half with "significant experience protecting civil and human rights."

The new coalition letter notes that "the civil rights community has spent decades advocating for a diverse federal judiciary that works for all of us, not just the wealthy and powerful," and the progress made by Biden, Senate Majority Leader Chuck Schumer (D-N.Y.), and Senate Judiciary Committee Chair Dick Durbin (D-Ill.) so far "is remarkable."

Still, given the significant damage done by Trump—who appointed three U.S. Supreme Court justices, establishing a deeply unpopular right-wing supermajority that continues to weigh in on a wide range of crucial issues, from abortion and gun control to political maps and regulatory power—the groups are warning that "the work is not yet finished and there is no time to lose."

"Dozens of these vacancies do not yet have named nominees, including many in Southern and Midwestern states where we have seen a rise in threats to civil and human rights that deeply impact our communities."

"In 2024, the Senate must make it a priority to fill every vacancy on our federal courts with individuals who have a demonstrated commitment to civil and human rights, possess diverse professional experiences including public interest work for social and economic justice, are fair-minded, possess a progressive vision of the law and Constitution, and are reflective and representative of the vast and rich diversity of our country," the coalition wrote to senators.

"With nearly 100 lifetime judicial vacancies across the nation, the work of building an equal justice judiciary must accelerate," the letter stresses. "Dozens of these vacancies do not yet have named nominees, including many in Southern and Midwestern states where we have seen a rise in threats to civil and human rights that deeply impact our communities. Our access to justice—and to federal courts staffed with fair-minded judges—should not depend on where we live."

Sent as federal lawmakers work to avert a looming government shutdown, the letter states that "we recognize the many important issues Congress must focus on this year, but we urge you to make this work a top priority. The federal judges you recommend and confirm this year will serve for decades to come, making these nominations a deeply important part of your legacy."

Led by the Leadership Conference on Civil and Human Rights, the diverse coalition includes the ACLU, Bend the Arc: Jewish Action, Brady, Center for Popular Democracy, Demand Justice, Disability Rights Advocates, Greenpeace, Hip Hop Caucus, Human Rights Campaign, Lambda Legal, NAACP, National Congress of American Indians, National Education Association, National Homelessness Law Center, Planned Parenthood Federation of America, Presente.org, and Stand Up America.

Their letter comes just days before the 51st anniversary of Roe v. Wade, the landmark abortion rights ruling reversed in June 2022. Speaking at a Wednesday briefing, Schumer slammed the "MAGA Supreme Court" for that "calamitous" decision and pledged that Democrats "will never stop fighting to take back the rights from these far-right extremists when America overwhelmingly disagrees with them."

Judicial nominations require simple majority support. Democrats control the Senate but since Sen. Kyrsten Sinema (I-Ariz.) ditched the party in December 2022, their majority has been made up of 48 members—including some right-wingers like outgoing Sen. Joe Manchin (D-W.Va.)—plus two Independents who caucus with them.

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