TO PROTECT BIDEN’S BOLD AGENDA AND OUR DEMOCRACY, THE FEDERAL JUDICIARY MUST BE QUICKLY EXPANDED AND REBALANCED

Jump to today’s actions:

Background

President Biden’s big, bold plans to protect our democracy and provide for our diverse population require the judiciary’s support.

Our federal judicial system is broken, however.

Because the Supreme Court last expanded in 1869 and the lower courts in 1990, they cannot keep up with the burgeoning, increasingly complex caseloads. This leaves Americans waiting years for access to justice.

McConnell and Trump made the system more dysfunctional by packing the courts with ultraconservative GOP ideologues and turning an evenly divided 4-4 Supreme Court into a 6-3 ultraconservative supermajority hostile to voting rights and Biden’s agenda.

While the Supreme Court is the most high-profile, almost all cases are decided by district and circuit courts -- whose Trump-appointed judges are already stymying Biden’s policies and will continue to do so for decades.

To save our judicial system, our democracy, and Biden’s agenda, Congress must prioritize court expansion by: 

  • Dramatically expanding the number of lower court judgeships -- well beyond the 79 the Judicial Conference seeks -- and filling them with demographically and experientially diverse judges committed to civil and human rights,

  • Co-sponsoring the Judiciary Act of 2021, which adds 4 justices to the Supreme Court to restore its balance, integrity, and independence. 

1. Call the Senate.

Script Oregon Senators

SEN. MERKLEY: Portland office: 503-326-3386 | D.C. office: 202-224-3753

My name is [--] and I'm a constituent from [city], Oregon [zip code].

Our federal judicial system is broken and needs to be fixed immediately, if we are to protect Biden’s big, bold agenda and our democracy. I am calling to strongly urge the Senator to (1) push for immediate federal court expansion in legislation that empowers President Biden to fill all the new positions; and (2) co-sponsor and actively support passage of the Judiciary Act of 2021 (S.1141) which, through the addition of 4 new Supreme Court justices, will eliminate the ultraconservative supermajority that threatens to derail urgently needed democratic reforms and responses to structural inequalities.

SEN. WYDEN: Portland office: 503-326-7525 | D.C. office: 202-224-5244

My name is [–] and I’m a constituent from [city], Oregon [zip code].

Our federal judicial system is broken and needs to be fixed immediately, if we are to protect Biden’s big, bold agenda and our democracy. I am calling to strongly urge the Senator to (1) push for immediate federal court expansion in legislation that empowers President Biden to fill all the new positions; and (2) co-sponsor and actively support passage of the Judiciary Act of 2021 (S.1141) which, through the addition of 4 new Supreme Court justices, will eliminate the ultraconservative supermajority that threatens to derail urgently needed democratic reforms and responses to structural inequalities.

Script for Republican Senators

D.C switchboard: 202-224-3121

My name is [–] and I’m a constituent from [city], [state], [zip code].

Our federal judicial system is in crisis, being crushed by a massive increase in cases caused by Congress’ failure to expand the number of judgeships since 1990. Approving court expansion has always been bipartisan, and this practice must continue. I expect the Senator to support desperately needed court expansion. Your constituents are watching.

2. Call the House.

Script for Suzanne Bonamici (OR-01)

Oregon office: 503-469-6010 | DC office: 202-225-0855

My name is [–] and I’m a constituent from [city], Oregon [zip code].

Our federal judicial system is broken and needs to be fixed immediately, if we are to protect Biden’s big, bold agenda and our democracy. I am calling to strongly urge the Representative to (1) push for immediate federal court expansion in legislation that empowers President Biden to fill all the new positions; and (2) co-sponsor and actively support passage of the Judiciary Act of 2021 (HR.2584) which, through the addition of 4 new Supreme Court justices, will eliminate the ultraconservative supermajority that threatens to derail urgently needed democratic reforms and responses to structural inequalities.

Script for Cliff Bentz (OR-02)

Medford office: 541-776-4646 | DC office: 202-225-6730

My name is [–] and I’m a constituent from [city], Oregon [zip code].

Our federal judicial system is in crisis, being crushed by a massive increase in cases caused by Congress’ failure to expand the number of judgeships since 1990. Approving court expansion has always been bipartisan, and this practice must continue. I expect the Rep. to support desperately needed court expansion. Your constituents are watching.

Script for Earl Blumenauer (OR-03)

Oregon office: 503-231-2300 | DC office: 202-225-4811

My name is [–] and I’m a constituent from [city], Oregon [zip code].

Our federal judicial system is broken and needs to be fixed immediately, if we are to protect Biden’s big, bold agenda and our democracy. I am calling to strongly urge the Representative to (1) push for immediate federal court expansion in legislation that empowers President Biden to fill all the new positions; and (2) co-sponsor and actively support passage of the Judiciary Act of 2021 (HR.2584) which, through the addition of 4 new Supreme Court justices, will eliminate the ultraconservative supermajority that threatens to derail urgently needed democratic reforms and responses to structural inequalities.

Script for Peter DeFazio (OR-04)

Eugene office: 541-465-6732 | DC office: 202-225-6416

My name is [–] and I’m a constituent from [city], Oregon [zip code].

Our federal judicial system is broken and needs to be fixed immediately, if we are to protect Biden’s big, bold agenda and our democracy. I am calling to strongly urge the Representative to (1) push for immediate federal court expansion in legislation that empowers President Biden to fill all the new positions; and (2) co-sponsor and actively support passage of the Judiciary Act of 2021 (HR.2584) which, through the addition of 4 new Supreme Court justices, will eliminate the ultraconservative supermajority that threatens to derail urgently needed democratic reforms and responses to structural inequalities.

Script for Kurt Schrader (OR-05)

Salem office: 503-588-9100 | DC office: 202-225-5711

My name is [–] and I’m a constituent from [city], Oregon [zip code].

Our federal judicial system is broken and needs to be fixed immediately, if we are to protect Biden’s big, bold agenda and our democracy. I am calling to strongly urge the Representative to (1) push for immediate federal court expansion in legislation that empowers President Biden to fill all the new positions; and (2) co-sponsor and actively support passage of the Judiciary Act of 2021 (HR.2584) which, through the addition of 4 new Supreme Court justices, will eliminate the ultraconservative supermajority that threatens to derail urgently needed democratic reforms and responses to structural inequalities.

3. Take Action.

Demand Justice has launched a multifaceted campaign to urge Democratic Senators and Representatives to co-sponsor and work for the passage of the Judiciary Act of 2021, with the goal of pressuring Majority Leader Schumer and House Speaker Pelosi to bring it up for a vote in the Senate and the House. One facet involves contacting small donors who have contributed to Democratic campaigns urging them to tell the recipient of their donations about the importance of this legislation. To learn more about this campaign and how you can get involved, please click here.

Additional Resources

Can Biden Fix the Courts That Trump Broke?

Congress Might Actually Expand the Courts

25 progressive groups urge Congress to expand number of federal judges

Court Reform Gets New Attention

Democrats weigh expanding lower courts after Trump blitz

The Conservative Supreme Court Is Out of Touch with an Increasingly Secular America

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