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"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."
Timereported 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.
"They're just cruel and want to take as much as possible from the folks who have very little," said one student borrower advocacy group.
With the Trump administration restarting collection efforts on defaulted student loans after a five-year reprieve on Monday, Mike Pierce of the Student Borrower Protection Center said the move "will further fan the flames of economic chaos for working families across this country"—particularly as the White House threatens to garnish the wages of people who struggle to make higher monthly payments.
The SBPC joined nearly 200 other organizations in sending a letter to the acting undersecretary of education, James Bergeron, condemning the administration's efforts to gut income-driven repayment options and eliminate the Public Service Loan Forgiveness Program, which has delivered student debt relief to 1 million public service workers since it was implemented in 2007.
"The administration should move to enact policies that better protect student borrowers, rather than pursue misguided policies that will drive up costs and weaken protections," wrote the groups.
More than 42 million Americans have student debt, with more than $1.6 trillion owed in total. More than 5 million borrowers are currently in default, and that number could grow to about 10 million as the Trump administration ends programs that have been aimed at helping people pay off their loans in manageable amounts each month.
Collections are beginning months after Republican-led lawsuits succeeded in blocking former President Joe Biden's Saving on a Valuable Education (SAVE) plan, and days after the GOP members of the House Education and Workforce Committee advanced more than $350 billion in proposed funding cuts for education programs—cuts that government watchdog Accountable.US said are "paving the way for tax cuts for themselves, billionaire donors, and corporations."
The Republicans approved:
"To pay for tax cuts for the richest in this country, congressional Republicans are willing to gut the programs tens of millions of Americans rely on," said Tony Carrk, executive director of Accountable.US. "Their education markup makes it abundantly clear that they're not just going to gut Medicaid, they're proposing hundreds of billions of dollars of cuts to programs that provide more opportunities for everyday Americans to access higher education. These cuts are a betrayal of congressional Republicans' promise to make government work for Americans and to lower their costs; in fact, it will do quite the opposite."
The Debt Collective, a union of student loan borrowers, pointed out that the Trump administration isn't required by law to begin collecting student debt on Monday.
"They're just cruel and want to take as much as possible from the folks who have very little," said the group.
Aside from garnishing borrowers' wages, the administration could further devastate millions of people as credit scores could tank when the Education Department begins collection activity.
The Federal Reserve projected in March that people with delinquencies could see their credit scores plummet by as many as 171 points, leading to higher costs for borrowers who later take out mortgages, car loans, and sign up for credit cards.
U.S. Rep. Ayanna Pressley (D-Mass.) called President Donald Trump's threat to garnish wages in order to collect student debt "unconscionable."
The president and Education Secretary Linda McMahon, said Pressley, "should NOT be seizing people's hard-earned wages, tax refunds, and Social Security checks."
"By effectively freezing the nation's student loan system, the new administration seems intent on making life harder for working people."
A leading teachers union announced Wednesday that it is suing the Trump administration for cutting off public service workers with federal student loans from affordable repayment and debt relief programs.
"By effectively freezing the nation's student loan system, the new administration seems intent on making life harder for working people, including for millions of borrowers who have taken on student debt so they can go to college," said American Federation of Teachers (AFT) president Randi Weingarten in a statement. "The former president tried to fix the system for 45 million Americans, but the new president is breaking it again."
"The AFT has fought tirelessly to make college more affordable by limiting student debt for public service workers and countless others—progress that's now in jeopardy because of this illegal and immoral decision to deny borrowers their rights under the law,” the union leader continued. "Today, we're suing to restore access to the statutory programs that are an anchor for so many, and that cannot be simply stripped away by executive fiat."
The 1.8 million-member union is represented by the law firm Berger Montague PC and the Student Borrower Protection Center (SBPC), which filed the federal lawsuit late Tuesday in Washington, D.C.
"The U.S. government, through the U.S. Department of Education (ED or the department), is the country's largest creditor of student loans," the complaint notes. "Today, there are nearly 43 million federal student loan borrowers, with approximately $1.62 trillion outstanding in debt."
As the filing details, Congress "designed this federal student loan program to expand access to higher education and increase economic mobility regardless of one's financial station," and specifically "directed ED to offer income-driven repayment (IDR) plans that tie a borrower's monthly payment to their income."
However, under President Donald Trump and Education Secretary Linda McMahon, the department has shut down IDR plans and not "indicated when it will—if ever—resurrect the programs," the complaint continues. "The result: borrowers are unable to access affordable monthly payment plans, some borrowers are being thrust into default on their debt, and some public service workers are being denied their statutory right to lower their monthly payment and earn credit towards Public Service Loan Forgiveness (PSLF)."
"This is not occurring in a vacuum for student loan borrowers," the document stresses. "It comes in the context of the president repeatedly announcing his plans to close the Department of Education, which was created by an act of Congress. And, it is on the heels of the recent equally unlawful actions to gut critical student loan protections from the Consumer Financial Protection Bureau."
Additionally, as Common Dreamsreported earlier this month, Trump has directly attacked the PSLF with an executive order excluding from the debt relief program "organizations that engage in activities that have a substantial illegal purpose," targeting groups that help immigrants and transgender youth and organize protests that involve actions such as blocking roads.
"A significant number of AFT's membership has student debt, is working in public service, and has sought or will try to seek access to an IDR plan," the suit explains. "These borrowers simply want to pay back their student loans according to the terms that Congress, and their contracts, provide."
The AFT asked the court to declare that the Education Department is "unlawfully withholding" IDR plans and the PSLF program, and prevent the ED from "collecting from borrowers who are eligible for income-driven repayment until it satisfies its statutory, regulatory, and contractual obligations." The union also wants the court to order the department to fulfil those obligations.
"Student loan borrowers are desperate for help, struggling to keep up with spiking monthly payments in a sinking economy, all while President Trump plays politics with the student loan system," said SBPC executive director Mike Pierce. "Borrowers have a legal right to payments they can afford and today we are demanding that these rights are enforced by a federal judge."