The election of Donald Trump and the Republican takeover of the Senate has sparked ongoing discussions about the swift pace at which Democrats must confirm judicial nominees. Although progress was made last week with the “Judge-a-Rama” session, where many of President Biden’s judicial appointments moved forward, much remains to be done.
With the clock ticking and the Senate now in recess until December, there’s little time left in the lame-duck session to finalize crucial confirmations, particularly for the federal circuit courts. The circuit courts, which are one step below the Supreme Court, handle thousands of cases yearly, impacting the lives of Americans across multiple states. Four nominees are currently waiting for confirmation votes, representing 16 states and Puerto Rico combined.
Yet, reports suggest there may be an agreement between Senate Democrats and Republicans to hold off on confirming these critical nominees, which would be a grave mistake. Such a decision would not only affect over 100 million Americans who rely on these courts for fair justice but also signal a lack of resolve in the ongoing battle against the judicial appointments expected from the Trump administration over the next four years—appointments that many fear will prioritize the interests of the powerful rather than justice for all.
The contrast between the current slate of nominees and those put forward by the previous administration is stark. For example, the circuit court nominees currently under consideration include individuals like Adeel Mangi, a dedicated litigator focused on religious freedom; Karla Campbell, who has spent her career fighting for workers’ rights; Ryan Park, who defended affirmative action policies at the University of North Carolina; and Julia Lipez, a Maine Superior Court Justice with a track record of advocating for survivors of human trafficking.
On the other hand, Trump’s judicial appointments have often upheld restrictive policies, such as the controversial Texas “bounty hunter” law that enables private citizens to sue anyone who helps someone obtain an abortion.
Trump’s appointees, including judges like James Ho, Andrew Oldham, and David Stras, have repeatedly ruled in ways that diminish voting rights, undermine environmental regulations, and limit access to justice for marginalized groups.
The stakes are incredibly high as the Senate enters its final stretch before the new year. If Senate Republicans follow Trump’s call to halt further judicial confirmations, the progress made so far could be undone, further solidifying the conservative influence in the courts at the expense of a more balanced judicial system that prioritizes fairness and justice for all.