WASHINGTON — Demand Justice, an organization advocating for progressive judicial reforms, is gearing up to send a strong message to Capitol Hill as the 118th Congress concludes. Their call to action? Urging lawmakers to do “whatever it takes” to confirm President Joe Biden’s judicial nominees, especially with Donald Trump potentially returning to power.
With Trump recently winning the presidency again and the Republican Party regaining control of the Senate, the window for Democrats to act effectively has shrunk to just seven weeks. During Biden’s tenure, 213 judicial nominees have successfully been confirmed, yet several remain awaiting decisions. For Senate Democrats to facilitate additional confirmations, they may need to extend their time in Washington beyond planned breaks and navigate a precarious majority that has already proven challenging for advancing other Biden administration goals.
In Trump’s first term, a significant effort was made to appoint judges, with 234 confirmations including three for the Supreme Court. As the Democrats reassess their strategy following a significant electoral defeat that will remove them from power in January, their focus is on limiting Trump’s chances to appoint more conservative judges.
“Senate Democrats must remain vigilant and not abandon their responsibilities simply because they have lost the majority,” emphasized Skye Perryman, a senior advisor with Demand Justice. The organization plans to engage in extensive lobbying efforts, host events on Capitol Hill, and launch targeted advertising to bolster their campaign. “It’s crucial that fair and capable judges are confirmed now more than ever, to safeguard the rights of everyday citizens and uphold the Constitution,” added Perryman.
According to the U.S. Courts website, there are currently 17 judicial nominees who have cleared the Senate Judiciary Committee, while eight more await committee votes and six are pending hearings. The White House has introduced new nominees in recent months, further adding to the urgency of confirmation efforts.
As the Senate reconvened post-election, they face a busy schedule that includes disaster aid for recent calamities, passing the annual defense authorization bill, and ensuring the steady operation of government. Democrats like Senators Joe Manchin and Kyrsten Sinema, who both identify as independents, will exit the Senate by the end of this term, raising concerns about maintaining bipartisan support for judicial appointments. Manchin has indicated reluctance to back nominations lacking bipartisan support, which could further narrow the Democrats’ leveraging power.
In recent developments, April Perry has been confirmed as a judge for the northern district of Illinois. Senate Majority Leader Chuck Schumer addressed efforts to confirm additional nominees, stating, “We will work to achieve as many confirmations as possible.”
On the other side, Trump has urged Republicans to resist Schumer’s attempts to expedite judicial confirmations, suggesting, “No judges should be approved during this time as the Democrats are trying to rush through their picks while Republicans are contending with leadership challenges.”
In response, White House representative Andrew Bates highlighted the importance of timely judicial confirmations. He stated, “Delaying qualified judges results in significant repercussions for constituents and contributes to case backlogs—therefore, it is essential for both parties to collaborate in good faith to populate the federal bench.”
Senator Dick Durbin, who chairs the Senate Judiciary Committee, expressed hope that Republicans will refrain from obstructing judicial votes, reminding them of the previous bipartisan agreement that facilitated a dozen confirmations at the close of Trump’s presidency. “I hope they will honor past agreements,” he remarked, optimistic about confirming around two dozen nominees during the lame-duck session.
Perryman from Demand Justice conveyed a similar urgency, stressing that there should be no valid reasons to withhold votes on these individuals. “Americans are working tirelessly to support their families, and the Senate should match that dedication—there’s no room for excuses or delays,” she stated.
With a mere few weeks remaining before a new Congress takes office, Demand Justice’s strategy includes extensive lobbying directed at key senators, promotional events, and an informative website to keep constituents updated on these efforts.
Senator Elizabeth Warren has also weighed in, calling on Schumer to fully utilize the remaining legislative time to confirm judges and essential regulators who cannot be removed by the incoming president.
Groups like The Leadership Conference on Civil and Human Rights have echoed these sentiments, asserting the need for immediate action on Biden’s judicial nominees as the Senate reconvenes. “With this limited timeframe, it is imperative that our senators swiftly vote on all judicial nominees put forth by President Biden,” stated Lena Zwarensteyn, a senior director with the organization.
