DESPERATE TIMES CALL FOR DESPERATE MEASURES

We cannot let MAGA judges continue to corrupt the federal legal system and destroy our government’s ability to protect the American people.

QUICK READ: A constitutional democracy is challenged when a lone judge, can unilaterally dismantle a nationalwide policy, as Judge Mizelle did last week and MAGA judges have been doing since day one of the Biden Administration. To prevent ultra-right groups from being able to effectively judge shop, our Members of Congress must streamline the confirmation process, expand the number of judgeships that can be filled by Biden’s diverse nominees, and work hard to consolidate their control of Congress in 2022.


TAKE ACTION NOW:

BACKGROUND

On April 18, a MAGA judge in Tampa, Florida, rated unqualified by the American Bar Association and lacking public health competence, struck down the CDC’s travel mask mandate nationwide—a policy most considered necessary. She improperly limited the statute’s purpose, misread statutory terms, and refused to defer to the agency’s expertise—undermining the CDC’s ability to confront future crises.

Trump-imposed judges, chosen for their abhorrence of the “administrative state,” have used nationwide injunctions to halt Biden’s policies on vaccines, immigration, climate, and January 6 prosecutions from day one

A constitutional democracy is challenged when a lone judge, can unilaterally dismantle a nationwide policy.

Trump appointed 27% and 30% of the active district court and appellate judges, who decide the thousands of cases annually that will negatively affect litigants for decades.

Biden’s done his best to reshape the courts, filling vacancies almost entily with women and people of color with diverse backgrounds, but he needs years to substantially shift them ideologically. 

Reducing MAGA judges’ corrosive effects require:


ACTION One: Call the Senate.

Script for 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].

A constitutional democracy is challenged when a lone judge can unilaterally dismantle a nationwide policy, as Judge Mizelle did last week and MAGA judges have been doing since day one of the Biden Administration. To reduce MAGA judges’ corrosive effects require:

  • Eliminating “blue slips” and filling all open seats with Biden nominees before November
  • Co-sponsoring the District Court Judgeship Act (HR.4886) and pushing for its passage, which would create hundreds of new judgeships for Biden to fill
  • Working hard between now and November to expand Senate control.

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].

A constitutional democracy is challenged when a lone judge can unilaterally dismantle a nationwide policy, as Judge Mizelle did last week and MAGA judges have been doing since day one of the Biden Administration. To reduce MAGA judges’ corrosive effects require:

  • Eliminating “blue slips” and filling all open seats with Biden nominees before November
  • Co-sponsoring the District Court Judgeship Act (HR.4886) and pushing for its passage, which would create hundreds of new judgeships for Biden to fill
  • Working hard between now and November to expand Senate control.

Script for Republican Senators

D.C switchboard: 202-224-3121

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

It is time to create the additional federal judgeships that the U.S. needs to handle caseloads that have been growing by leaps and bounds since 1990, the year of the last federal court expansion. I expect you to support the next court expansion bill on the floor.


ACTION TWO: 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].

A constitutional democracy is challenged when a lone judge can unilaterally dismantle a nationwide policy, as Judge Mizelle did last week and MAGA judges have been doing since day one of the Biden Administration. To reduce MAGA judges’ corrosive effects require:

  • Co-sponsoring and pushing for passage of the District Court Judgeship Act (HR.4886), which would create hundreds of new judgeships for Biden to fill
  • Working hard between now and November to expand Democratic control of both houses of Congress.

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].

It is time to create the additional federal judgeships that the U.S. needs to handle caseloads that have been growing by leaps and bounds since 1990, the year of the last federal court expansion. I expect you to support the next court expansion bill on the floor.

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].

A constitutional democracy is challenged when a lone judge can unilaterally dismantle a nationwide policy, as Judge Mizelle did last week and MAGA judges have been doing since day one of the Biden Administration. To reduce MAGA judges’ corrosive effects require:

  • Co-sponsoring and pushing for passage of the District Court Judgeship Act (HR.4886), which would create hundreds of new judgeships for Biden to fill
  • Working hard between now and November to expand Democratic control of both houses of Congress.

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].

A constitutional democracy is challenged when a lone judge can unilaterally dismantle a nationwide policy, as Judge Mizelle did last week and MAGA judges have been doing since day one of the Biden Administration. To reduce MAGA judges’ corrosive effects require:

  • Co-sponsoring and pushing for passage of the District Court Judgeship Act (HR.4886), which would create hundreds of new judgeships for Biden to fill
  • Working hard between now and November to expand Democratic control of both houses of Congress.

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].

A constitutional democracy is challenged when a lone judge can unilaterally dismantle a nationwide policy, as Judge Mizelle did last week and MAGA judges have been doing since day one of the Biden Administration. To reduce MAGA judges’ corrosive effects require:

  • Co-sponsoring and pushing for passage of the District Court Judgeship Act (HR.4886), which would create hundreds of new judgeships for Biden to fill
  • Working hard between now and November to expand Democratic control of both houses of Congress.

ACTION 3: GOOD TROUBLE

GOOD TROUBLE: Below are opportunities to fight for our democracy. As John Lewis said, go make some “good trouble.” 

  • Find out more about Indivisible Oregon here

FURTHER READING:

What to know about Judge Kathryn Mizelle, who struck down the travel mask mandate

This Trump Judge Was Deemed “Not Qualified.” Then She Axed the Mask Mandate

The Trump judge’s opinion striking down the airplane mask mandate is a legal disaster

The judge who tossed mask mandate misunderstood public health law, legal experts say

No Matter How You Feel About Masks, You Should Be Alarmed by This Judge’s Decision

A Judge Struck Down the Federal Mask Mandate for Transit. Most Voters Were on Board With Extending It

What Masks Off on Public Transit Means for the Pandemic

Trump appointees are helping Texas derail Biden’s immigration agenda

The Supreme Court, Weaponized

What Trump has done to the courts, explained

It Will Be Tough For Biden To Reverse Trump’s Legacy Of A White, More Conservative Judiciary

How Biden Is Reshaping the Courts

Biden’s first-year judicial appointments—impact

Biden’s first-year judicial appointments—prospects for 2022 and beyond

After Success in Seating Federal Judges, Biden Hits Resistance

House bill calls for 203 new district court seats

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RESPONDING TO THE CULTURE WARS