In just 24 hours, the Supreme Court made several decisions that set back civil rights progress. They ended affirmative action, declared anti-LGBTQ+ discrimination constitutional, and denied student loan forgiveness to millions of Americans in need. It’s a distressing moment for those who advocate for federal protections against discrimination and economic disadvantages. However, there is a glimmer of hope in the background: Senate Democrats have been swiftly appointing federal judges with backgrounds in civil rights, abortion rights, voting rights, and defending the underprivileged. Some of these new judges could potentially become future Supreme Court justices.
The recent rulings by the court, all handed down through 6-3 decisions along ideological lines, are exactly what conservatives have been working towards. For years, they have been dedicated to reshaping the courts while Democrats have lagged behind. It’s no coincidence that all six of the court’s GOP-appointed justices are members of the Federalist Society, an ultraconservative legal organization. They were essentially handpicked by Leonard Leo, a powerful leader in the Federalist Society, to serve as Supreme Court justices.
These six justices all started as lower court judges, which was part of the plan. With the ultimate goal of securing Supreme Court seats, conservatives strategically filled U.S. district and appeals court seats with anti-LGBTQ and anti-abortion Federalist Society members. When Donald Trump became president, they seized the opportunity, knowing that he prioritized winning regardless of who was appointed. The Federalist Society provided Trump with a stream of their preferred judicial candidates throughout his presidency. This resulted in all three of Trump’s Supreme Court nominations, a majority of his appeals court judges, and even some of his district court judges being members of the Federalist Society.
In contrast, progressives had never established an operation like this. However, things have started to change in recent years. Progressive judicial advocacy groups, such as Demand Justice, have emerged to raise awareness about the need to balance the ideology of the courts. Senate Democrats, tired of losing, have also become more focused on the courts and judicial nominations. Joe Biden, with his extensive background as chairman of the Senate Judiciary Committee, made judicial nominations a top priority even before assuming the presidency.
Despite the conservative majority on the Supreme Court taking aim at various Democratic constituents, progressives have achieved significant, albeit unnoticed, victories in the Senate when it comes to combating these challenges. Senate Majority Leader Charles Schumer has been accelerating the confirmations of progressive judges to federal seats in recent weeks.
In the past three weeks, Schumer has successfully confirmed six of Biden’s most groundbreaking judicial nominees. These individuals, who are civil rights attorneys, are young and likely to serve on the federal bench for many decades. They bring much-needed diversity to the court system. For example, Dale Ho, a prominent voting rights attorney, successfully challenged Trump’s plan to include a citizenship question on the census and was recently confirmed to the U.S. District Court for the Southern District of New York. Julie Rikelman, considered one of the best abortion rights attorneys, was confirmed to the U.S. Court of Appeals for the First Circuit. Nusrat Choudhury, a longtime civil rights attorney, became the first Muslim American woman on the federal bench after her confirmation to the U.S. District Court for the Eastern District of New York.
These recent confirmations come after the Senate confirmed Nancy Abudu, another civil rights attorney who became the first Black woman confirmed to the U.S. Court of Appeals for the 11th Circuit. Bringing diversity to the courts is crucial for many reasons. Judges with different backgrounds and experiences reflect the diversity of the people they serve and contribute to a more well-rounded decision-making process. They help counter biases that can undermine federal court cases. Importantly, having a diverse range of judges can restore public confidence in the Supreme Court, which is currently at an all-time low.
Brian Fallon, executive director of Demand Justice, has been celebrating these confirmations as a significant step forward. He compared this commitment to elevating civil rights lawyers to the efforts made during the Carter administration in the 1970s. Fallon believes that several of these nominees have the potential to become future Supreme Court justices, ensuring Biden’s influence in the judiciary for decades to come.
The Leadership Conference on Civil and Human Rights, a coalition of more than 200 national organizations, also praised the recent wave of confirmations of civil rights attorneys, emphasizing the importance of this kind of judiciary for the nation.
These confirmations hold particular significance considering the ongoing federal court cases at the Supreme Court. Many of Biden’s nominees had been awaiting confirmation for months or even more than a year due to Republican opposition and Democratic absences in the Senate. Schumer had to wait for every Democrat to be present in order to schedule the confirmation votes. Finally, after various delays and absences, all the pieces fell into place.
Schumer expressed the importance of judicial diversity and the Senate Democrats’ commitment to creating a judicial system that reflects the country. These six recently confirmed judges align with Biden’s mission to diversify the federal bench.
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