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voting rights
For Our Rights and Our Future, the Senate Must Get To Work on Judicial Confirmations
Focusing on confirming judges will make a tremendous difference in our lives and for our fundamental rights and freedoms.
Sep 13, 2024
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.
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'Unhinged and Undemocratic': Florida Cops Question Abortion Petition Signers
"This is what state-authorized election interference looks like," said the ACLU of Florida.
Sep 06, 2024
Floridians and reproductive rights advocates responded with alarm on Friday to Tampa Bay Timesreporting that Florida law enforcement officers have been sent to the homes of multiple voters who signed a petition to get an abortion rights measure on the November ballot.
While Isaac Menasche told the newspaper that he isn't sure which agency the plainclothes officer who came to his home is with, fellow Lee County resident Becky Castellanos said Florida Department of Law Enforcement Officer Gary Negrinelli showed his badge and gave his card.
Both visits were about potential fraud related to the petition for Amendment 4, which would outlaw pre-viability abortion bans in Florida. Menasche was asked if he signed the petition, which he had. Negrinelli inquired about Castellanos' relative, who also signed the petition.
"This is pure voter intimidation, just like with the 'election police' in 2022. It's Gestapo tactics."
The officer inquiries appear "to be part of a broad—and unusual—effort by Gov. Ron DeSantis' administration to inspect thousands of already verified and validated petitions for Amendment 4 in the final two months before Election Day," the Times reported.
The Republican governor signed the state's six-week ban that would end if the ballot measure passes. He has also faced criticism for creating an Office of Election Crimes and Security, whose work has led to the arrest of Floridians who believed they were legally allowed to vote following the passage of a referendum that restored voting rights to many people with past felony convictions.
As the Times detailed Friday:
Since last week, DeSantis' secretary of state has ordered elections supervisors in at leastfour counties to send to Tallahassee at least 36,000 petition forms already deemed to have been signed by real people. Since the Timesfirst reported on this effort, Alachua and Broward counties have confirmed they also received requests from the state.
One 16-year supervisor said the request was unprecedented. The state did not ask for rejected petitions, which have been the basis for past fraud cases.
While Department of State spokesperson Ryan Ash said the agency has "uncovered evidence of illegal conduct with fraudulent petitions" and "we have a duty to seek justice for Florida citizens who were victimized," a representative for the coalition behind Amendment 4 criticized the state effort.
"This is very clearly a fishing expedition," ACLU of Florida spokesperson Keisha Mulfort, whose group is part of Floridians Protecting Freedom, told the Times. "It is more important than ever for Floridians to reject these authoritarian tactics and vote yes on Amendment 4 in November."
Promoting the report on social media, the ACLU of Florida added, "This is what state-authorized election interference looks like."
Democrats in the state were similarly critical. Florida state Rep. Anna V. Eskamani (D-42) shared a social media post in which Menasche described feeling "shaken" and "troubled" by the encounter with the officer.
"This is unhinged and undemocratic behavior being pushed by DeSantis and his cronies in an effort to continue our state's near total abortion ban," said Eskamani. "It's clear voter intimidation and plain corruption—continue to call it out and fight back. Vote @yes4florida and spread the word."
Responding to Eskamani, Pamela Castellana, chair of the Brevard Democratic Executive Committee, said: "This literally took my breath away. This is pure voter intimidation, just like with the 'election police' in 2022. It's Gestapo tactics. If you live in Florida you know. If you don't—please help me get the word out. Stop authoritarianism."
Journalist Jessica Valenti argued Friday that Republicans "don't care that voters want abortion rights restored—and if they need to dismantle democracy to keep it banned, so be it."
"We've seen lots of Republican attacks on pro-choice ballot measures—but what makes this one especially insidious is that it's trying to gaslight Americans into thinking that voters don't really want abortion rights restored, but that the overwhelming support is fabricated," she added.
In addition to raising concerns about the fraud allegations, Amendment 4 supporters are outraged over the Florida Agency for Health Care Administration on Thursday launching a webpage claiming that the ballot measure "threatens women's safety."
Florida Senate Minority Leader Lauren Book (D-35) pledged that she is looking into "appropriate legal action," while Bacardi Jackson, executive director of the ACLU of Florida, said in a statement that "this kind of propaganda issued by the state, using taxpayer money and operating outside of the political process, sets a dangerous precedent."
"This is what we would expect to see from an authoritarian regime," added Jackson, "not in the so-called 'Free State of Florida.'"
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2024 Trifecta Imperative to Win Key Democracy Reforms
We must repair and revitalize the rules of our democracy in order to reflect our democratic values, to ensure the opportunity for every eligible citizen to vote, and to protect against political money corruption of our democracy.
Sep 06, 2024
On January 5, 2021, two Democrats won Senate runoff elections in Georgia. This flipped the Senate and resulted in an unexpected “trifecta”—Democratic control of the White House, the House, and the Senate.
Could a trifecta happen again in 2025?
The odds currently are against it, primarily because of the Senate races.
But if Democrats win the presidency, a trifecta is possible and, if that happens, historic democracy reforms that nearly passed in the last Congress would be on the doorstep for quick passage in 2025.
Whether the Democrats obtain a trifecta in November is in the hands of the voters, and possibly the courts if Trump refuses to accept the election results as he did in 2020.
The presidential race is currently close, with U.S. Vice President Kamala Harris inching ahead of former President Donald Trump in recent polls.
A Harris victory could provide down-ballot support, especially in key House races, including races in California and New York. Democrats need to pick up just four seats to flip the House.
Holding the Democrats’ two-vote majority in the Senate, which includes four Independents who caucus with them, is much more difficult—but not impossible.
Of the 34 Senate seats up for election in November, 23 are currently held by 19 Democrats and the four Independents, and just 11 by Republicans.
Senate Democrats and Independents currently hold a 51-49 edge over Republicans.
It’s widely expected that Democrats will lose the seat currently held by retiring Sen. Joe Manchin (I-W.Va.). To maintain control of the Senate, Democrats would need to hold all of their remaining seats that are up this year, along with a Harris win to preserve the vice president’s tie-breaking vote.
Democrats and Independents running for reelection generally are polling ahead of their challengers, except for Sen. John Tester in Montana, who currently trails Republican businessman Tim Sheehy.
There are two crosscurrents at work in the Senate races, which include a handful of Democratic incumbents running in red and purple states.
On the one hand, ticket-splitting for President and Congress has become increasingly rare, and there are Democratic Senators seeking reelection in Ohio and Montana, states where Trump is expected to win easily.
On the other hand, incumbents typically enjoy an edge. In 2022, all 29 Senate incumbents won reelection. In 2020, 84% of Senate incumbents won.
The Democratic trifecta in 2021 resulted in Congress coming close to passing historic democracy reforms dealing with voting rights, money in politics, partisan gerrymandering, and other core reform issues.
If Democrats beat the odds and obtain a trifecta in November, Congress is expected to move quickly to pass the democracy reform measures.
In 2021, after the House passed early versions of the Freedom to Vote Act and the John R. Lewis Voting Rights Advancement Act, Senate Democrats failed by just two votes to pass an exception to the filibuster rule that would have allowed the democracy reform legislation to pass the Senate with a simple majority and go to President Joe Biden for his signature.
Ironically, the two Democrats who voted against the filibuster rule exception, Sens. Manchin and Arizona’s Kyrsten Sinema, voted just weeks earlier for an exception to the filibuster rule in order to pass an increase in the debt ceiling. And both senators were supporters of the democracy reform legislation.
But for these two Senators opposing the filibuster exception, historic democracy reforms would be protecting our democracy and our elections today.
Both Manchin and Sinema are retiring this year.
Senate Majority Leader Chuck Schumer (D-N.Y.) recently said, “One of the first things I want to do, should we have the presidency and keep the majority, is change the [filibuster] rules and enact both the Freedom to Vote Act and the John Lewis Act.” Schumer said the Democrats will have the votes needed to “change the rules,” should Democrats keep control of the Senate.
“This is vital to democracy,” Schumer said, “This is not just another extraneous issue. This is the wellspring of it all.”
House Democratic Leader Hakeem Jeffries (D-N.Y.) also has indicated that the two democracy reform bills would be an early House priority if Democrats flip the House. Indicating its top priority status, Jeffries assigned H.R. 11 to the Freedom to Vote Act in this Congress, the lowest number he, as House Minority Leader, could give to a bill.
Vice President Harris is a longtime supporter of these core democracy measures. At last month’s Democratic convention, Harris said in her acceptance speech: “[T]he freedom that unlocks all the others [is] the freedom to vote. With this election, we finally have the opportunity to pass the John Lewis Voting Rights Act and the Freedom to Vote Act.”
For decades, there has been bipartisan leadership and support for numerous democracy reforms. They include the Watergate reforms of the 1970s; the Voting Rights Act of 1965 and its regular reauthorizations and amendments in 1970, 1975, 1982, 1992, and 2006; and the Bipartisan Campaign Reform Act of 2002.
Since the Supreme Court’s Citizen United decision in 2010, however, congressional Republicans have almost unanimously opposed democracy reforms, leaving Democrats to support them alone.
Polls have shown these democracy reforms have strong public support among both Democrats and Republicans.
The Freedom to Vote Act would be the most comprehensive pro-democracy law enacted in decades. It would:
>> Reverse voter suppression laws that have flooded red states since the 2020 presidential election, using as justification Trump’s continuing false claim that the 2020 election was stolen from him.
- Increase access to the ballot, including early voting requirements in all states for federal elections.
- Require each state to provide for no-excuse vote by mail.
- Provide for accessible voting by individuals with disabilities.
- Provide for automatic voter registration.
- Establish nonpartisan standards to prevent extreme partisan gerrymandering.
- End secret “dark money” contributions from being spent in federal elections.
- Establish a voluntary system of matching small donations with public funds, but not taxpayer funds, for House races.
- Strengthen enforcement of federal campaign finance laws.
The John R. Lewis Voting Rights Advancement Act would strengthen the legal protections against discriminatory voting policies and practices by restoring the Voting Rights Act of 1965 and repairing the damage done by recent Supreme Court decisions. It would:
- Revitalize the Voting Right Act’s preclearance provisions, after the Supreme Court gutted these rules, to require preclearance for new voting laws in certain states and localities to ensure they are not discriminatory.
- Provide a new way for determining which states and localities are covered by the preclearance provisions.
- Repair Section 2 of the Voting Rights Act, also gutted by the Supreme Court, to allow voters to sue to block voting rules that are discriminatory or will create discriminatory results.
- Provide an expedited means for covered states to “bail out” of coverage to be released from the preclearance requirement if they have not engaged in discriminatory behavior for a specified period of time.
Whether the Democrats obtain a trifecta in November is in the hands of the voters, and possibly the courts if Trump refuses to accept the election results as he did in 2020.
But one thing is clear—we must repair and revitalize the rules of our democracy in order to reflect our democratic values, to ensure the opportunity for every eligible citizen to vote, and to protect against political money corruption of our democracy.
This begins with the enactment of the two historic democracy reform bills, the Freedom to Vote Act and the John R. Lewis Voting Rights Advancement Act.
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