The Federal Judiciary’s Composition Is on November’s Ballot
QUICK READ: Do you want a federal judiciary that favors corporations over people or one that acts as the last line of defense ordinary people have against the power of corporations and the State? The answer to that question will impact your children and grandchildren.
CONTENTS:
BACKGROUND
Do we want a federal judiciary of largely white, male, Federalist Society members, like the Fifth Circuit and Texas courts, intent on imposing their right-wing ideologies on us all,?
Or a federal judiciary composed of women, people of color, public defenders, and civil rights and plaintiffs’ attorneys, the last line of defense ordinary people against corporate power and the state?
How voters answer this question will reverberate for decades to come.
McConnell’s refusal to confirm Obama judges left many vacancies, which he and Trump filled with ultra conservative, Federalist Society-vetted judges—comprising almost 30% of the federal judiciary.
Biden’s appointees, overwhelmingly from blue states, reflect America’s diversity, are committed to civil and human rights, and will repair public confidence in our courts.
Filling vacancies going forward will be harder, because most are in red or purple states where the anti-democratic blue slip policy has been weaponized by Republicans to block progressive lawyers from where they’re needed most.
Americans living in states with one or two GOP Senators are no less deserving of equal justice under the law, but, unless Biden can fill those vacancies with the same type of diverse nominees, there will be two systems of justice in America. And, in states like Texas, judge shopping will continue.
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].
Biden’s attempts to undo MAGA Republicans’ control of the federal judiciary cannot be completed by this November. Their success depends both on his reelection and a Democratic Congress but also on eliminating GOP Senators’ ability to torpedo judicial nominees in their states and the blatant judge shopping MAGA Republicans use to obtain country-wide injunctions against Biden’s disliked policies. As your constituent, I’m asking you to:
- Convince Senator Durbin to end his blue slip policy;
- Work for the passage of the End Judge Shopping Act you co-sponsored;
- Regularly remind Americans that, when they go to the polls this November, they must remember they’re voting not just for a president but for a federal judiciary whose rulings will impact their children and grandchildren for decades to come.
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].
Biden’s attempts to undo MAGA Republicans’ control of the federal judiciary cannot be completed by this November. Their success depends both on his reelection and a Democratic Congress but also on eliminating GOP Senators’ ability to torpedo judicial nominees in their states and the blatant judge shopping MAGA Republicans use to obtain country-wide injunctions against Biden’s disliked policies. As your constituent, I’m asking you to:
- Convince Senator Durbin to end his blue slip policy;
- Work for the passage of the End Judge Shopping Act you co-sponsored;
- Regularly remind Americans that, when they go to the polls this November, they must remember they’re voting not just for a president but for a federal judiciary whose rulings will impact their children and grandchildren for decades to come.
Script for Republican Senators
D.C switchboard: 202-224-3121
My name is [–] and I’m a constituent from [city], [state], [zip code].
Allowing activist plaintiffs to hand-pick individual judges to overturn laws they dislike circumvents the legislative process and undermines the fairness of our federal courts. As your constituent, I demand that you vote for the End Judge Shopping Act co-sponsored by 40 of your colleagues which requires random assignment of cases seeking broad injunctive relief.
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].
Allowing activist plaintiffs to hand-pick individual judges to overturn laws they dislike circumvents the legislative process and undermines the fairness of our federal courts. As your constituent, I demand that you vote for the End Judge Shopping Act co-sponsored by 40 of your colleagues which requires random assignment of cases seeking broad injunctive relief.
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].
Allowing activist plaintiffs to hand-pick individual judges to overturn laws they dislike circumvents the legislative process and undermines the fairness of our federal courts. As your constituent, I demand that you vote for the End Judge Shopping Act co-sponsored by 40 of your colleagues which requires random assignment of cases seeking broad injunctive relief.
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].
Allowing activist plaintiffs to hand-pick individual judges to overturn laws they dislike circumvents the legislative process and undermines the fairness of our federal courts. As your constituent, I demand that you vote for the End Judge Shopping Act co-sponsored by 40 of your colleagues which requires random assignment of cases seeking broad injunctive relief.
Script for Val Hoyle (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].
Allowing activist plaintiffs to hand-pick individual judges to overturn laws they dislike circumvents the legislative process and undermines the fairness of our federal courts. As your constituent, I demand that you vote for the End Judge Shopping Act co-sponsored by 40 of your colleagues which requires random assignment of cases seeking broad injunctive relief.
Script for Lori Chavez-DeRemer (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].
Allowing activist plaintiffs to hand-pick individual judges to overturn laws they dislike circumvents the legislative process and undermines the fairness of our federal courts. As your constituent, I demand that you vote for the End Judge Shopping Act co-sponsored by 40 of your colleagues which requires random assignment of cases seeking broad injunctive relief.
Script for Andrea Salinas (OR-06)
Salem office: 503-385-0906 | DC office: 202-225-5643
My name is [–] and I’m a constituent from [city], Oregon [zip code].
Allowing activist plaintiffs to hand-pick individual judges to overturn laws they dislike circumvents the legislative process and undermines the fairness of our federal courts. As your constituent, I demand that you vote for the End Judge Shopping Act co-sponsored by 40 of your colleagues which requires random assignment of cases seeking broad injunctive relief.
FURTHER READING
Further Reading:
The Future of the Federal Judiciary Is on the Ballot This November, Too
Biden’s 2023 Judicial Appointees Mark New Era for Diversity in Courts
Democrats Are Ceding Control of the Judiciary Because of. . . Tradition
History of the Blue Slips in the Senate
What Senate Democrats Still Don’t Understand About Judicial Confirmation Fights
Durbin still can’t quit blue slips, so the judiciary will continue to suffer
Protecting corrupt judge shopping is the latest attack on democracy
GOP Leaders Push Judiciary to Ignore Policy Designed to End ‘Judge Shopping’
