Federal Courts and Nominations

Coalition Letter Urging President, Senate Leaders to Fill All Judicial Vacancies

President Joe Biden
The White House
1600 Pennsylvania Ave NW
Washington, DC 20500

Senate Majority Leader Chuck Schumer
S-221, U.S. Capitol
Washington, DC 20510

Chair Dick Durbin
Senate Committee on the Judiciary
224 Dirksen Senate Office Building
Washington, DC 20510

Dear President Biden, Leader Schumer, and Chair Durbin:

We deeply appreciate your commitment to bringing diversity and balance to our federal judiciary, but as the number of announced judicial vacancies has risen to 119, we urge you to redouble your efforts in the final seven months of this Congress. At the current pace, dozens of these vacancies will remain unfilled at the end of the year, and we urge you to do whatever it takes to fill them all.

It is clear that the Biden administration and Senate majority understand how critical each judicial vacancy is to the protection of our constitutional rights and to the ability of the elected branches to address the most pressing issues of our time. Just this term, for instance, the Supreme Court is likely to overturn Roe v. Wade, abandoning fifty years of precedent and, for the first time ever, taking a fundamental right away from the American people. The Court is also likely to severely curtail the federal government’s authority to fight climate change and make it exceedingly more difficult for states, localities, and the federal government to address this country’s gun violence epidemic.

It is the importance of the courts to these and other critical issues that has driven this
administration and this Senate to an impressive record of nominating and confirming inspiring judges with the urgency they deserve. President Biden’s judicial nominees are highly qualified and incredibly diverse – 66% are people of color, 75% are women, and more than 60% bring with them underrepresented professional experiences that are sorely needed on the bench.

Yet we are painfully aware that, should the Republican Party take control of the Senate in this year’s midterm elections, progress on balancing the federal courts will come to a grinding halt. Senate Minority Leader McConnell has repeatedly made plain his plans to obstruct should he have the opportunity to become majority leader in January – just as he obstructed President Obama’s judicial nominees, leading to the fewest judicial confirmations since 1952.

Given this devastating possibility, it is absolutely essential that you redouble your efforts to
quickly fill every judicial vacancy with outstanding and diverse judges. Reshaping our federal
courts will surely be one of this administration’s and this Senate’s most lasting legacies, and the courts will have a significant impact on every important issue for decades to come. Thank you for your commitment to our judiciary and for your attention to this urgent call to action.

Sincerely,

Alliance for Justice
American Constitution Society
Americans for Democratic Action (ADA)
Catholics For Choice
Center for Popular Democracy
Committee For a Fair Judiciary
Constitutional Accountability Center
Demand Justice
Disability Rights Education and Defense Fund
Earthjustice
Greenpeace USA
Indivisible
International Union, United Automobile Aerospace and Agricultural Implement Workers of America (UAW)
League of Conservation Voters
March On
MoveOn
NARAL Pro-Choice America
National Action Network
National Association of Consumer Advocates
National Council of Jewish Women
National Education Association
National Employment Law Project
National Employment Lawyers Association
National Urban League
National Women’s Law Center
Peace Action
People’s Parity Project
Revolving Door Project
Sierra Club
Stand Up America
UltraViolet
URGE: Unite for Reproductive & Gender Equity

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