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"Divine's confirmation makes clear that Trump lied to voters when he said he would 'leave it to the states,' and he is actively working to eliminate abortion access nationwide," said a prominent reproductive rights advocate.
Several advocacy groups expressed outrage on Tuesday after the United States Senate voted to confirm Missouri Solicitor General Joshua Divine to be a United States District Judge for the Eastern and Western Districts of Missouri.
Divine, who was confirmed by a vote of 51 in favor to 46 against, is one of several judicial nominees of U.S. President Donald Trump who has been singled out by advocates for what they describe as his extreme record on a number of issues ranging from reproductive freedoms to LGBTQ rights to relief for student loan borrowers.
Every member of the Senate Democratic caucus voted against Divine’s confirmation with the exception of Sen. Angus King (I-Maine), who voted in favor. All Republicans voting in the Senate on Tuesday supported Divine’s confirmation, while three GOP senators—John Kennedy of Louisiana, Markwayne Mullin of Oklahoma, and Mitch McConnell of Kentucky—did not vote.
Mini Timmaraju, president and CEO of abortion rights advocacy organization Reproductive Freedom for All, argued that Divine's nomination and confirmation were a sign that Trump and the GOP would not be content to leave abortion rights up to individual states.
"Divine's confirmation makes clear that Trump lied to voters when he said he would 'leave it to the states,' and he is actively working to eliminate abortion access nationwide," she said. "Federal courts are a critical line of defense to preserve reproductive healthcare, and these appointments are a dangerous sign of what's to come."
Winston Berkman-Breen, legal director of the Student Borrower Protection Center (SBPC), accused Divine of building a political career on the backs of student loan borrowers who were in dire need of relief from the massive debts they incurred while pursuing an education.
"Time and time again in his lawsuits challenging legal student loan payment and relief programs, Divine took extreme positions at odds with traditional judicial interpretations related to injury, standing, and venue," he said. "Because of Divine, millions of student loan borrowers remain buried in crushing debt. Divine's actions exceeded the bounds of zealous advocacy and were a direct affront to judicial procedure. Americans deserve a judge who will review the facts of the case before them and apply the law under the Constitution and as passed by Congress—not an ideologue who will manipulate those laws to obtain the outcome he prefers."
Lena Zwarensteyn, senior director of the fair courts program and an advisor at The Leadership Conference on Civil and Human Rights, didn't focus on any specific issue and instead took an all-of-the-above approach to condemning what she described as Divine's unfitness for the federal bench.
"The Senate's confirmation of Joshua Divine to the federal bench in Missouri... installs into a lifetime judgeship an individual who does not possess the requisite experience to be a federal judge and who has time and time again demonstrated significant hostility to our civil and human rights," she argued. "His limited legal career—which includes a record of intense opposition to reproductive rights, LGBTQ equality, student loan borrowers, and more—is disqualifying. Our courts, our communities, and our democracy deserve better. Senators must ensure that judicial nominees are fair-minded, actually qualified for the job, and faithful to the rule of law and Constitution rather than to an anti-civil rights agenda."
"If confirmed," said one watchdog leader, "these nominees would be expected to not only look the other way as the building blocks of America's democracy are gutted, but to pave the way for Trump's radical agenda."
U.S. President Donald Trump worked to force the federal judiciary to the far right with 234 confirmed nominees during his previous term, and he continued that mission on Wednesday, when the first slate of his second-term selections attended a Senate hearing.
Trump has announced 11 nominees, but only Whitney Hermandorfer, his pick to serve on the Cincinnati, Ohio-based U.S. Court of Appeals for the 6th Circuit, and four candidates to be district court judges in Missouri—Zachary Bluestone, Joshua Divine, Maria Lanahan, and Cristian Stevens—came before the Senate Judiciary Committee, which considers them before a full floor vote.
Just hours before the hearing began, Maggie Jo Buchanan, interim executive director of the advocacy group Demand Justice, wrote for Salon that "Trump's judicial nominees are key to the far right's crusade against our courts."
"If confirmed, these nominees would be expected to not only look the other way as the building blocks of America's democracy are gutted, but to pave the way for Trump's radical agenda—gutting reproductive freedoms and allowing the administration to take healthcare away from millions," she warned. "Many of them have histories of defending anti-choice legislation and other radical policies championed by Trump and his MAGA allies in Congress."
"Trump is picking up where he left off in his first term by using judicial nominees to advance an extreme agenda that undermines Americans' fundamental freedoms."
Buchanan wasn't alone in sounding the alarm about threats to healthcare. In anticipation of the hearing, the watchdog Accountable.US published a report detailing how "Trump's first judicial picks have a dangerous record of undermining fundamental freedoms, with a number of them who have a record of directly targeting reproductive rights."
Accountable.US cited Hermandorfer defending Tennessee's near-total ban on abortion as director of strategic litigation for the state attorney general's office, as well as Divine, Missouri's solicitor general, and his deputy, Lanahan, supporting extreme anti-choice efforts in their state.
"Trump is picking up where he left off in his first term by using judicial nominees to advance an extreme agenda that undermines Americans' fundamental freedoms," said Accountable.US president Caroline Ciccone. "But this time, Trump is selecting nominees with personal allegiances to the president, who will go even further in using the bench to cut off Americans' rights. Senators should know a vote to confirm Trump's judicial nominees is a vote to radically undermine reproductive freedom."
Reproductive rights aren't the only topical concern. Buchanan noted that "some of the nominees in this first slate have also supported Trump's attack on birthright citizenship, which has been widely viewed as unconstitutional. And in true loyalist fashion, one worked to defend Trump by seeking to interfere in New York's attempt to hold Trump accountable for state crimes."
The nominee who got involved in the New York case is Divine, who is also under fire for targeting the Biden administration's attempt to provide student debt relief. Student Borrower Protection Center legal director Winston Berkman-Breen said Wednesday that the nominee "built his political brand off the suffering of tens of millions of student loan borrowers across this country, and now the Trump administration is rewarding him with a position that will let him enshrine his personal ideologies into law."
"Time and time again in his lawsuits challenging legal student loan payment and relief programs, Divine took extreme positions at odds with traditional judicial interpretations related to injury, standing, and venue," Berkman-Breen pointed out. "Because of Divine, millions of student loan borrowers remain buried in crushing debt."
"Divine's actions exceeded the bounds of zealous advocacy and were a direct affront to judicial procedure," he added. "Americans deserve a judge who will review the facts of the case before them and apply the law under the Constitution and as passed by Congress—not an ideologue who will manipulate those laws to obtain the outcome he prefers."
The Leadership Conference on Civil and Human Rights, a coalition of more than 240 national organizations, similarly asserted in a Tuesday letter that "at a time when so many of our fundamental civil rights are under attack, we need to trust that our judges will impartially and fairly rule on cases without bias or animus."
The coalition specifically took aim at Trump's 6th Circuit nominee, writing that "unfortunately, a careful review of Ms. Hermandorfer’s record shows a demonstrated hostility towards our civil and human rights that is disqualifying for a judicial nominee. We strongly urge the Senate to oppose her nomination."
Earthjustice Action legislative director of the Access to Justice Program Coby Dolan stressed in a Wednesday statement that "we need principled judges who will uphold the law and serve as a bulwark against this administration's brazen attacks on the rule of law and our environment."
"It is the Senate's constitutional obligation to rigorously scrutinize these nominees, asking tough questions to determine whether they are impartial, believe in the government's ability to tackle our most pressing issues, and understand the difference between facts and politics," Dolan added. "We need oversight, not rubber stamps."
The Senate is controlled by the GOP, but only narrowly. Buchanan argued that "given what we are seeing out of the administration, there is no acceptable reason for Senate Democrats to assist their Republican colleagues in pushing through Trump's judicial nominees."
'Some Senate Dems voiced regret for supporting Trump’s cabinet nominees who were seen as mainstream but went full MAGA once confirmed Senators should not set themselves up for the same feelings of shame in voting for Trump's nominees for lifetime appointments' mmmhmm www.salon.com/2025/06/04/t...
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— Barred and Boujee and NEWLYWED aka Madiba Dennie (@audrelawdamercy.bsky.social) June 4, 2025 at 1:19 PM
The committee's ranking member, Sen. Dick Durbin (D-Ill.) on Wednesday pointed to U.S. Attorney General Pam Bondi's recent decision to limit the American Bar Association's (ABA) access to information about judicial nominees as proof that "the Trump administration is clearly just trying to cover for unqualified and extreme nominees."
Time reported last week that Bondi's "move against the ABA came a day after Trump announced six new judicial nominees, which included top Justice Department official Emil Bove being put forward to serve as a judge on the United States Court of Appeals for the 3rd Circuit."
The other five newly announced nominees—Ed Artau, Kyle Dudek, Anne-Leigh Gaylord Moe, John Guard, and Jordan E. Pratt—are on track to serve as district judges in Florida.
"When any of our organizations are unjustly targeted, we will stand as a unified coalition," the groups said. "An attack on one is an attack on all."
A coalition of 75 civil rights groups on Monday responded to U.S. President Donald Trump's "escalating threats and actions" targeting nonprofit organizations by launching "The Pact: A Civil Rights Coalition Unity Commitment."
Led by the Leadership Conference on Civil and Human Rights, the groups represent "millions of people of every background in every ZIP code across America, exist to serve our communities, protect rights, and advance opportunity for all," the pact explains. "Today we face a campaign by the government to silence and isolate us, stop us from doing our jobs, and hurt the people we serve."
"The administration has made clear it will attack organizations that speak truth to power, defend the vulnerable, petition and sue the government, preserve and share knowledge, and fight for our freedoms," notes the statement, which came amid rumors of an attack on climate groups' tax-exempt status and after a GOP-led effort in Congress attacking anti-genocide campaigners. "They want us to fight alone, hoping we'll stay silent as others are targeted. Not us."
"The administration has made clear it will attack organizations that speak truth to power, defend the vulnerable, petition and sue the government, preserve and share knowledge, and fight for our freedoms."
"Today, we commit to stay united in our shared vision for opportunity, prosperity, dignity, belonging, and for the rights and justice necessary to ensure them," the coalition declared. "We represent people who are Black, White, Latino, Asian, and Indigenous, from cities, suburbs, and rural communities, people with disabilities, LGBTQ+ people, workers, women, immigrants, and people of all ethnicities, faiths, ages, and backgrounds."
Signatories are focused on issues including quality healthcare, fair wages and working conditions, "freedom to learn our full history and celebrate our cultures," quality education, affordable housing, a just justice system, clean air and water, voting rights, discrimination protection, family care, hunger prevention, reproductive freedom, and privacy.
The coalition includes the American Federation of Teachers, Arab American Institute, Bend the Arc: Jewish Action, Brennan Center for Justice, Common Cause, Disability Rights Education and Defense Fund, Lambda Legal, Lawyers' Committee for Civil Rights Under Law, League of United Latin American Citizens, National Women's Law Center, Oxfam America, Public Citizen, Reproductive Freedom for All, and others.
"The government is targeting organizations that help people assert their rights and access basic services," the pact states. "They want to operate without oversight or consequences as they dismantle and privatize public services, attack government workers, and concentrate even more profit and power in the hands of the wealthy."
"We have witnessed outrageous attacks on our work," the statement continues, citing investigations of nonprofits, terminated grants, law firms fearing retribution, threats to revoke tax-exempt status, and the weaponization of civil rights laws. "We will not be divided. We will not be intimidated into silence or abandoning our communities."
The coalition members pledged:
In addition to the pact, the groups shared a pledge that supporters can sign, a mobilization calendar, and an open letter to the American people, which says that "the Trump administration is intentionally attacking any business; law firm; college, university, or school; and organization or government watchdog that disagrees with its policies or challenges its abuses and corruption. And it is scaring into silence legitimate, lawful demands and legal challenges, which are fundamental to our civil rights and our democracy."
"Throughout our history, Americans have resisted power grabs that threaten our rights and freedoms," the letter stresses. "Today, we must resist again—together."
"Dhillon has focused her career on diminishing civil rights, rather than enforcing or protecting them," argued one critic.
LGBTQ+ and voting rights defenders were among those who sounded the alarm Tuesday over Republican President-elect Donald Trump's selection of a San Francisco attorney known for fighting against transgender rights and for leading a right-wing lawyers' group that took part in Trump's effort to overturn the 2020 presidential election to oversee the U.S. Department of Justice Civil Rights Division.
On Monday, Trump announced his nomination of Harmeet Dhillon to head the key civil rights office, claiming on his Truth Social network that the former California Republican Party vice-chair "has stood up consistently to protect our cherished Civil Liberties, including taking on Big Tech for censoring our Free Speech, representing Christians who were prevented from praying together during COVID, and suing corporations who use woke policies to discriminate against their workers."
"In her new role at the DOJ, Harmeet will be a tireless defender of our Constitutional Rights, and will enforce our Civil Rights and Election Laws FAIRLY and FIRMLY," Trump added.
However, prominent trans activist Erin Reed warned on her Substack that Dhillon's nomination—which requires Senate confirmation—"signals an alarming shift that could make life increasingly difficult for transgender people nationwide, including those who have sought refuge in blue states to escape anti-trans legislation."
Trump has picked Harmeet Dhillon as Assistant Attorney General for Civil Rights. She has stated that it must be "made unsafe" for hospitals to provide trans care, and frequently shares Libs of TikTok posts. She intends to target trans people in blue states. Subscribe to support my journalism.
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— Erin Reed (@erininthemorning.com) December 10, 2024 at 8:14 AM
Reed continued:
Dhillon's most prominent work includes founding the Center for American Liberty, a legal organization that focuses heavily on anti-transgender cases in blue states. The organization's "featured cases" section highlights several lawsuits, such as Chloe Cole's case against Kaiser Permanente; a lawsuit challenging a Colorado school's use of a transgender student's preferred name; a case against a California school district seeking to implement policies that would forcibly out transgender students; and a lawsuit against Vermont for denying a foster care license to a family unwilling to comply with nondiscrimination policies regarding transgender youth.
Reed also highlighted Dhillon's attacks on state laws protecting transgender people, as well as her expression of "extreme anti-trans views" on social media—including calling gender-affirming healthcare for trans children "child abuse."
Last year, The Guardian's Jason Wilson reported that the Center for American Liberty made a six-figure payment to a public relations firm that represented Dhillion in both "her capacity as head of her own for-profit law firm and Republican activist."
Writing for the voting rights platform Democracy Docket, Matt Cohen on Tuesday accused Dhillon of being "one of the leading legal figures working to roll back voting rights across the country."
"In the past few years, Dhillon—or an attorney from her law firm—has been involved in more than a dozen different lawsuits in Arizona, Colorado, Georgia, Maine, Michigan, North Carolina, Virginia, and Washington, D.C. challenging voting rights laws, redistricting, election processes, or Trump's efforts to appear on the ballot in the 2024 election," Cohen noted.
As Maya Wiley, president and CEO of the Leadership Conference on Civil and Human Rights, said in a statement Tuesday, "The Department of Justice's Civil Rights Division has the critical responsibility of enforcing our nation's federal civil rights laws and ensuring equal justice under the law on behalf of all of our communities."
"That means investigating police departments that have a pattern of police abuse, protecting the right to vote, and ensuring schools don't discriminate against children based on who they are," Wiley noted. "The nomination of Harmeet Dhillon to lead this critical civil rights office is yet another clear sign that this administration seeks to advance ideological viewpoints over the rights and protections that protect every person in this country."
"Dhillon has focused her career on diminishing civil rights, rather than enforcing or protecting them," she asserted. "Rather than fighting to expand voting access, she has worked to restrict it."
A staunch Trump loyalist, Dhillon has also embraced conspiracy theories including the former president's "Big Lie" that the 2020 presidential election was stolen, and has accused Democrats of "conspiring to commit the biggest election interference fraud in world history."
She was co-chair of the Republican National Lawyers Association when it launched Lawyers for Trump, a group that urged the U.S. Supreme Court to intervene on behalf of the former president after he lost the 2020 election.
Cohen also highlighted Dhillon's ties to right-wing legal activist and Federalist Society co-chair Leonard Leo, described by Sen. Sheldon Whitehouse (D-R.I.) as a "lawless con man and crook" for his refusal to comply with a Senate subpoena and his organization of lavish gifts to conservative U.S. Supreme Court justices.
"We need a leader at the Civil Rights Division who understands that civil rights protections are not partisan or political positions open to the ideological whims of those who seek to elevate a single religion or to protect political allies or particular groups over others," Wiley stressed. "We need a leader who will vigorously enforce our civil rights laws and work to protect the rights of all of our communities—including in voting, education, employment, housing, and public accommodations—without fear or favor."
"This most recent poll shows that voters want to vote more than ever despite, or perhaps because, our democracy is threatened with the dark cloud of election denial and violence."
Polling released Monday, less than a month away from the November 5 election, shows that nearly three-quarters of U.S. voters are worried about political violence and believe it is likely because some people will not accept the results.
The latest Civil Rights Monitor Poll, commissioned by the Leadership Conference on Civil and Human Rights, is based on responses from 1,000 likely voters across the country, who were surveyed September 3-8.
Pollsters found that "81% of voters believe that democracy is under threat, and 73% are worried about political violence after the elections in November," the conference said. "Liberals are much more worried (92%) about political violence than moderates and conservatives (68% and 63%, respectively)."
"We are... elevating Project 2025 as a blueprint to undermine the very values we see supported in three years of polling."
This year's presidential contest is between Democratic Vice President Kamala Harris and former Republican President Donald Trump, who during the 2020 cycle repeatedly lied about his loss and even incited some supporters to storm the U.S. Capitol during the certification of the results on January 6, 2021.
Although Trump has tried to disavow the Heritage Foundation-led Project 2025, previous polling has shown a majority of Americans believe the ex-president is aligned with its policy blueprint, which was crafted by at least 140 people who worked in the first Trump administration, including six former Cabinet secretaries.
"Project 2025 has become widely known (70% can identify it), and voters are broadly cold towards it (54% rate it 0-49 on a thermometer scale of 0-100)," according to the new poll. "Cuts to overtime pay (91%), cuts to Social Security (86%), and government monitoring of pregnancies (85%) are the components of the Project 2025 agenda that voters oppose the most."
The conference said that "among the most important issues for voters in the elections this year are inflation and the economy (42%, which is up eight points from the previous year), immigration and border security (33%), and protecting our democracy and freedoms (22%)."
Similar to last year, large majorities of respondents agreed that Americans are sacrificing too much of their privacy for Big Tech (86%); diversity makes the country stronger (79%); marriage equality should be protected (77%); the government must do more to protect the civil and human rights of communities of color (69%); abortion access should be a legally protected right (64%); and sexism is a big problem in today's society (63%).
Smaller majorities said that the government should do more to lessen racial inequality in society (59%); artificial intelligence is a threat to jobs (57%); immigrants contribute more to America than they take (57%); America is on the path to another Civil War (55%); and the respondent's heritage, traditions, and cultural identity is under attack (52%).
Additionally, the conference said, "white supremacy is an issue that most voters are worried about, with more than half of respondents (52%) stating they are more worried, including 65% of Black and 64% of Hispanic voters."
The poll also shows that "an astounding 93% of voters are extremely motivated to vote this November, up seven points from last year (86%)."
Maya Wiley, the conference's president and CEO, said in a Monday statement that "voters know what's at stake in this election."
"It's clear that in this presidential year voters want to vote even while they worry about political violence and know democracy is on the ballot," she continued. "This most recent poll shows that voters want to vote more than ever despite, or perhaps because, our democracy is threatened with the dark cloud of election denial and violence. In 2024, voters must know that they will decide the outcome of the election—not a political party, extremist groups, or purveyors of disinformation."
"The civil rights community is organized and actively working on voter education, get-out–the-vote efforts, election protection, and combating disinformation, and we are also elevating Project 2025 as a blueprint to undermine the very values we see supported in three years of polling," she added. "We will continue to combat racism, xenophobia, and efforts to divide us along race and immigration lines. Democracy requires passionate persistence, and our Civil Rights Monitor Poll reassures us that the majority of Americans agree."
Focusing on confirming judges will make a tremendous difference in our lives and for our fundamental rights and freedoms.
President Biden has already accomplished an incredible amount to help create a federal judiciary that works for everyone. From the confirmation of more than 200 qualified and diverse lifetime judges (and counting) to advancing a long-overdue conversation about modernizing and reforming our Supreme Court so that we can one day trust that it provides equal justice for all, we are making important progress. At a time when the extremist majority on our nation’s highest court has rolled back the progress we have made—taking away the fundamental right to abortion, removing a vital tool for eliminating unfair barriers to educational opportunity, weakening voting rights for communities of color, and more—the task of improving a damaged judiciary is daunting.
It’s no surprise that the public’s trust in the judiciary is declining, as reports persist about some Supreme Court justices’ deeply concerning unethical behavior. Our justices should be serving all of us, but some of them are showing that they are only concerned about the interests of the wealthy and powerful. As we live in this reality, we must also do the work to foster a federal judiciary that respects, recognizes, and advances our civil and human rights.
Our justices should be serving all of us, but some of them are showing that they are only concerned about the interests of the wealthy and powerful.
It is incumbent on every generation to protect the progress made and work toward a more inclusive and thriving democracy and society in which everyone is treated with respect and dignity. Unfortunately, in the past few years alone, a manufactured and coordinated campaign has taken us back—but we are not backing down. We are fighting for a better future where our rights, our lives, and our future are respected. For this to happen, our Supreme Court justices must be held to the highest ethical standards, and Congress must explore all options to improve how the Court functions and thus examine its structure, including limiting the amount of time justices can actively serve. In the next few months, there’s also important work that must be done that will make a real difference in our lives. Federal judges decide important cases from who can access health care to whose votes are counted. And for our democracy to endure, we need highly qualified, fair-minded individuals in courtrooms across our nation who will advance equal justice for all.
President Biden, Senate Majority Leader Chuck Schumer, and Senate Judiciary Committee Chair Dick Durbin have helped to make a significant impact, stewarding more than 200 confirmations of lifetime judges and justices to our federal courts. This includes ushering in the most diverse slate—both demographically and professionally—of federal judges in history. Nearly two-thirds of these confirmed judges are women, nearly two-thirds are people of color, and more than 40 percent have significant experience protecting people’s civil and human rights. Of course, President Biden appointed Justice Ketanji Brown Jackson, the first Black woman and first former public defender to serve on our nation’s highest court, and her service to date has been remarkable. A few weeks ago, President Biden also announced his support for long-needed changes to the Supreme Court, including a binding code of conduct for Supreme Court justices.
Transforming our federal judiciary so it not only looks like America but also recognizes and respects the rule of law—and how laws impact people's lives—has been a cornerstone of President Biden’s administration. Together we have changed the default of who is considered fair and qualified for the federal bench because we know that a judiciary staffed with brilliant people committed to equal justice—people whose experiences have been historically excluded—yields better decisions and is more reflective and representative of America. We celebrate this remarkable progress. But we cannot relent.
Time is of the essence. We need laser-like focus to fill every vacancy possible by the end of the year.
The jurists who President Biden has appointed will be serving for decades to come—far outlasting his impressive four years in office. To honor his legacy and to ensure justice is served in more corners of our country, progress must accelerate. Over the next few months, senators must urgently prioritize the confirmation of diverse judges who possess a deep commitment to our civil and human rights.
Now that the Senate has returned, we urge senators to seize every opportunity to make an immediate and lasting difference. The Democratic-led Senate, under the leadership of Majority Leader Schumer, has already confirmed several nominees this week and has now confirmed 209 lifetime nominees during the Biden administration. Dozens more are awaiting action in committee or on the Senate floor. This includes numerous nominees with critical civil and human rights experience, including experience defending religious freedom and protecting the rights of working people and those involved in the criminal-legal system. Time is of the essence. We need laser-like focus to fill every vacancy possible by the end of the year.
For some comparison, President Trump during his one term in office was able to confirm 234 nominees to lifetime judgeships with the avid assistance of then-Majority Leader Mitch McConnell. In the final months of his one term, the Republican-led Senate confirmed 30 judicial nominees, including a Supreme Court justice. We can exceed the previous administration both in numbers and quality—and we must. While we have a long way to go until we have equal justice, it’s imperative that Schumer accelerate this progress and continue to use every moment over the next few weeks and months to fill as many judicial seats as possible. With focus and determination, the Senate can leave President Biden the legacy of appointing a stunning number—more than the last administration—of superbly qualified judicial nominees.
Focusing on confirming judges will make a tremendous difference in our lives and for our fundamental rights and freedoms. We need to take all necessary steps to strengthen our judiciary so that our multiracial democracy can thrive and equal justice prevails.
President Biden’s legacy deserves no less. And our future depends on it.
"We urge senators to assess Mr. Mangi's nomination based on his credentials and qualifications for the job, not his religion, race, or ethnicity."
A coalition of over 125 rights groups on Tuesday urged the U.S. Senate to vanquish an onslaught of Islamophobic attacks and confirm Adeel Mangi, who would be the first Muslim American to serve on a federal appeals court.
As some right-wing Democrats consider joining with Republicans to block his nomination to the U.S. Court of Appeals for the 3rd Circuit, the groups explained in a letter to senators that they came together to support the Oxford- and Harvard-educated attorney, "highlight Mr. Mangi's tremendous qualifications, and condemn the baseless and bigoted attacks being waged against this exceptional and historic nominee."
"Mr. Mangi is fair-minded, brilliant, and has shown throughout his impressive legal career a steadfast dedication to equal justice for all, and he will be a tremendous judge on the 3rd Circuit," the coalition wrote of the Pakistani-born partner at Patterson Belknap Webb & Tyler LLP, who appeared before the Senate Judiciary Committee in December.
"History will remember this powerfully important moment for the future of equal justice in America."
Given his "impeccable qualifications" and the historic nature of his nomination, "an outstanding nominee like Adeel Mangi should be celebrated and embraced," the coalition argued. "The anti-Muslim tropes and unfounded assertions against him are the kinds of stereotyping that have long driven Islamophobia, which is on the rise. They also send a dangerous message to communities across the nation and potential future lawyers and judges that their path to the bench and desire to serve our nation will be obstructed by unfounded accusations based solely on their identity."
Since Israel responded to the Hamas-led October 7 attack by launching a U.S.-backed assault on the Gaza Strip that has been widely condemned as genocidal, there have been documented surges in both Islamophobic and antisemitic attacks in the United States. The Council on American-Islamic Relations said Tuesday that it received 8,061 complaints of Islamophobia nationwide last year—the most in CAIR's 30-year history—and they were largely driven by the war.
"Despite the anti-Muslim vitriol Mr. Mangi endured during his confirmation hearing, he repeatedly while under oath condemned antisemitism and terrorism with tremendous decorum and professionalism befitting the temperament sought for these important appointments to the federal bench," notes the letter. "He did so despite facing unfair, unfounded, and hostile questions, many of which were deeply offensive. Further, since his hearing, there has been a coordinated media campaign to amplify baseless attacks on his character."
"We urge senators to assess Mr. Mangi's nomination based on his credentials and qualifications for the job, not his religion, race, or ethnicity. We ask that senators denounce the Islamophobic attacks on Mr. Mangi and on all Muslims," the letter concludes. "History will remember this powerfully important moment for the future of equal justice in America."
Led by the Leadership Conference on Civil and Human Rights, the coalition also includes the American Federation of Teachers, Asian Americans Advancing Justice, Bend the Arc: Jewish Action, Center for Constitutional Rights, Disability Rights Advocates, Earthjustice, Human Rights Campaign, Muslim Advocates, NAACP, National Congress of American Indians, National Homelessness Law Center, Planned Parenthood Federation of America, Presente.org, and Women's March.
Along with several other national organizations, there are state and local groups such as Equality California, Florida Rising, Maine Conservation Voters, Make the Road Nevada, Progress Iowa, Stand Up Alaska, and multiple arms of the NAACP and National Council of Jewish Women.
The White House maintains support for Mangi. Asked about Sens. Catherine Cortez Masto (D-Nev.), Joe Manchin (D-W.Va.), and Jacky Rosen (D-Nev.) opposing him, Press Secretary Karine Jean-Pierre said Monday that "we are doing everything that we can to make sure that he gets through. This Senate should side with qualities that make America exceptional, which Mr. Mangi embodies, not the hateful forces that we're seeing trying to force America into the past."
President Joe Biden's nomination of Mangi was announced on the same day as that of Nicole Berner, who previously worked for Planned Parenthood and the Service Employees International Union before she was confirmed to the 4th Circuit last month.
In a Monday op-ed for The Star-Ledger, Mattan Berner-Kadish—one of Berner's sons with ex-wife Ruti Kadish—wrote: "I am so proud of her and happy that her dream has come to fruition. I am unable, however, to fully celebrate her success."
"What is happening to Adeel Mangi... is a travesty, and when compared to my mother's process, puts in stark relief how incredible this nation can be, and how incredibly cruel it can be as well," Berner-Kadish asserted. "This is a kind, sweet, intelligent man who was thoroughly qualified to be a judge in this country—a judgment confirmed by the American Bar Association, which gave him its highest rating."
"I have no qualms saying that I hope 1,000 more judges like my mother are confirmed around the country. I don't mean lesbians, I don't mean Jews. I mean lawyers who are committed to pursuing public interest careers," he stressed. "I want judges who know what a day of work means for the average American, and how their companies and bosses treat them. I want judges who fought to keep innocent people out of jail. I want judges who worked to protect women's right to control their own bodies. I want judges who did not remove themself or their children from public schools, and know what education looks like for those who attend them. I want our judges to reflect America's diversity and experience."
"For all of those reasons, Adeel Mangi should be a judge right now," Berner-Kadish added. " I don't know if I would agree with all of his rulings, and I doubt he'd be as much of a liberal jurist as I would like. But there is no doubting his qualifications, his professionalism, his fairness, or his judicial temperament. Those aren't the things keeping him off the bench. Racism and Islamophobia are."
"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.
Democratic lawmakers on the U.S. Senate Judiciary Committee on Thursday said Republican members' conduct spoke volumes as the GOP used "every permutation" of obstruction to try to prevent the panel from subpoenaing billionaire megadonor Harlan Crow and Federalist Society co-chairman Leonard Leo over their gifts to right-wing U.S. Supreme Court justices—a ploy that ultimately failed.
A committee meeting was marked by a tumultuous back-and-forth between Republicans and Democrats, with lawmakers including Texas GOP Sens. John Cornyn and Ted Cruz accusing the Democrats of enacting a vendetta against conservative justices on the high court with their vote in favor of ordering Crow and Leo to testify.
Both men have refused to provide the committee with information regarding reports that they funded luxury trips and other gifts for right-wing Justices Clarence Thomas and Samuel Alito.
As a leader of the Federalist Society, Leo has also played a key role in securing seats on the Supreme Court for some of its most conservative members, paving the way for the court to overturn Roe v. Wade and significantly weaken states' abilities to regulate gun ownership, among other rulings.
Stand Up America applauded committee Chair Dick Durbin (D-Ill.) and the other Democrats for voting to subpoena Crow and Leo, saying the move—in the face of Republican obstruction and claims that the subpoenas would "destroy" the committee—helped to reassert Congress' role as a co-equal branch of government.
"Billionaires like Harlan Crow believe they can buy loyalty on the Supreme Court, turning our nation's highest court into a political plaything for the ultrawealthy and well-connected," said Brett Edkins, managing director of policy and political affairs for Stand Up America. "Today, the Senate Judiciary Committee sent a strong message that the rich and powerful cannot evade scrutiny or accountability."
"The American people deserve answers," Edkins continued. "Today's vote brings us one step closer to understanding the full scope of Justice Thomas' and Alito's wrongdoing and restoring honesty and integrity to the Supreme Court."
Earlier this month, the Supreme Court announced for the first time the establishment of an ethics code, but advocates said that without any enforcement mechanisms in place, the code would not go far in ensuring an end to lavish gifts like those paid for by Crow and Leo.
"We need a Supreme Court that works for all of us, and we need assurance that it is," said Maya Wiley, president and CEO of the Leadership Conference on Civil and Human Rights. "Following the court's recent adoption of its own code of conduct, which is insufficient and lacks any mechanism for enforcement, this urgent work must continue."
"As the committee exercises its crucial oversight authority to ensure abuses of power don't go unchecked in our federal judiciary, Congress must continue to act," Wiley said. "It is unacceptable that abuses of power could become more frequent and severe—further corroding the public's faith in our judicial system and undermining our democracy."
Sen. Sheldon Whitehouse (D-R.I.) outlined on social media the efforts Republicans went to on Thursday to stop Democrats from subpoenaing Leo and Crow—invoking the "two-hour rule" which required the meeting to end by 12:00 pm, interrupting the vote repeatedly, and staging a walkout.
"They're also saying we have no business doing this," Whitehouse said. "Wait a second—the judicial conference is a body Congress established, the disclosure laws are laws passed by Congress. The idea that Congress can't oversee how an agency that it created is implementing laws it passed, is frankly nonsense."
Crow told Forbes after the vote that the subpoena was "invalid" and demonstrated "the unlawful and partisan nature of this investigation."
Leo echoed Republican members when he issued his own statement, saying Democrats "have been destroying the Supreme Court; now they are destroying the Senate.
"I will not cooperate with this unlawful campaign of political retribution," said Leo.
The right-wing activist's response did not come as a surprise to progressive critics.
"For wealthy fascists like Leonard Leo, the law is something to exploit, not obey," said veteran journalist Mark Jacob.
The committee could seek to enforce the subpoenas in court or refer the matter to the U.S. Justice Department if Leo and Crow follow through on their threat to not comply with the orders.
As the committee determines how to get to the bottom of the allegations against the right-wing activists, said Wiley, progressives must continue their "ongoing push to confirm highly qualified federal judges who are professionally and demographically diverse and committed to civil and human rights."
"That is how we build an equal justice judiciary that works for everyone," she said. "Communities across the nation depend on federal jurists to fairly administer justice for all people, and we must do whatever it takes to ensure that they do."
"Her tireless work on behalf of women, workers, and marginalized communities will have a lasting impact," said End Citizens United.
Progressive groups and activists showed an outpouring of love and admiration for Karen Hobert Flynn, the president of Common Cause, after her death from an undisclosed cause was reported by the pro-democracy group on Friday.
Hobert Flynn, who joined Common Cause in 1985 as an organizer and program director, was named president of the watchdog in 2016 after serving as executive director and chair of the group's Connecticut branch.
"Today, democracy lost one of its fiercest defenders: Karen Hobert Flynn," Common Cause board chair Martha Tierney said in a statement.
"A trailblazer and powerful advocate, Karen dedicated her career to reforming our government so it served everyone," Tierney noted. "Under her leadership of Common Cause in Connecticut, she secured landmark reforms—including winning Connecticut's groundbreaking full public finance system, numerous ethics laws, and disclosure laws."
Tierney continued:
During turbulent times for our country and our organization, she led Common Cause with tenacity and grace, never backing down from holding the White House accountable and never losing sight of the non-partisan vision for a more inclusive and representative democracy...
In her last year of life, she led a national coalition in the fight to protect and strengthen the right to vote for all and oversaw the largest national non-partisan election protection program for the 2022 midterms. Within Common Cause, she started the 50-year-old organization's process to become a more equitable workplace and doubled down on the commitment to secure an inclusive democracy for all.
"May her memory give us strength as together we carry forward her legacy of fighting for a government that lives up to the ideals of its people," Tierney added.
Other progressives also remembered Hobert Flynn's life and work.
"Such devastating news today with the loss of Common Cause's Karen Hobert Flynn," wrote Citizens for Responsibility and Ethics in Washington president Noah Bookbinder. "A great person and a fierce leader in the fight for democracy. Heartbreaking."
The Leadership Conference on Civil and Human Rights tweeted that "we're so deeply saddened to learn of the passing of Karen Hobert Flynn—a brilliant leader, dedicated advocate, and fierce defender of our democracy."
The National Disability Rights Network hailed Hobert Flynn as "a fierce civic advocate" who "will be missed by friends, family, and all who fight to make our democracy stronger."
End Citizens United remembered a "remarkable individual who touched the lives of so many in the fight to protect democracy."
"Her tireless work on behalf of women, workers, and marginalized communities will have a lasting impact," the group added.