10 Things You Might Not Know About Judicial Nominations
There are 890 Article III justices and judges that make up our federal courts, all of whom must be nominated by the president and confirmed by the Senate. While this process may not always grab headlines, it is a crucial aspect of our democracy that profoundly affects our lives — often in ways we don’t immediately realize. These judges hold lifetime appointments, meaning their decisions can shape the legal landscape for generations and influence everything from civil rights to environmental policies. Despite its significance, the judicial nominations process tends to fly under the radar for most people.
I’ve had the incredible opportunity to be a Dorot Fellow at Alliance for Justice (AFJ) for nearly a year now. Since 1979, AFJ has been a leader in advocating for a fair and independent justice system, and we have changed the conversation around the critical importance of our courts. Being new to the legal profession, I was drawn to AFJ because of its unwavering commitment to shaping a future where rights are protected, and justice prevails. As a Black woman, the importance of diversity and inclusivity in the justice system is deeply personal to me. Witnessing individuals who look like me working tirelessly to create a just and equitable environment is inspiring and crucial for fostering a sense of belonging for everyone.
My involvement in the judicial nominations process has been exceptionally rewarding, allowing me to witness firsthand the tangible outcomes of my advocacy and labor. Throughout this journey, I’ve uncovered fascinating insights about judicial nominations that many people might not be aware of.
Here are 10 things you probably don’t know about judicial nominations:
1. The Ripple Effect of Representation
Diverse representation on the bench profoundly impacts judicial decisions and ensures fair administration of justice. For example, Judge Nancy Abudu made history as the first Black woman to be confirmed to the Eleventh Circuit Court of Appeals in 2023. Her appointment is significant not only for its historic nature but also for her extensive background in civil rights advocacy and voting rights. Judge Abudu’s unique perspective and commitment to justice are poised to influence pivotal legal decisions and promote a more inclusive and equitable judicial system. Judges from different backgrounds bring unique perspectives that help ensure justice is administered fairly for all, reflecting the diversity of the society they serve.
2. The Influence of Persistent Advocacy
Advocacy is critical in shaping who gets nominated and confirmed to the federal bench. During my time at AFJ, I had the incredible opportunity to actively participate in this process. For instance, I worked on writing letters of support for diverse nominees like Shanlyn Park, nominated for the U.S. District Court for the District of Hawaii. These efforts weren’t just about voicing support; they involved strategic communication and coalition-building to emphasize the importance of these nominees’ backgrounds and qualifications. I also had the chance to be a part of meetings with Senate offices where AFJ and partners advocated directly for these nominees, addressing any concerns and pushing for their confirmations. This hands-on experience showed me how persistent, well-coordinated advocacy can sway opinions, counter misinformation, and ultimately help ensure that qualified, diverse candidates make it over the finish line.
3. Judicial Philosophy: More Than Just Legal Jargon
A nominee’s judicial philosophy is crucial because it informs how they interpret laws and the Constitution, ultimately shaping their rulings on critical issues. For example, Justice Ketanji Brown Jackson, the first Black woman on the Supreme Court, has demonstrated a commitment to originalism in her judicial philosophy. This generally means interpreting the Constitution as it was originally understood, but she has done so in a way to compellingly counter the traditional originalism of her conservative colleagues. This approach has shaped notable decisions and dissents she has drafted on cases involving civil rights, criminal justice, and more. Understanding a judge’s philosophy gives us insight into how they might rule on key issues that affect everyday lives, making it an essential aspect to consider in the nominations process.
4. The Senate Judiciary Committee’s Crucial Role
The Senate Judiciary Committee’s process isn’t just a formality. It plays a pivotal role in vetting judicial nominees through rigorous hearings that scrutinize their qualifications, past rulings, and ethical standards. During the vetting process, the committee thoroughly examines a nominee’s extensive body of writings, past rulings, and legal opinions, which can offer deep insights into their legal thinking and approach. Additionally, nominees must respond to written Questions for the Record (QFRs) from senators, where they clarify their positions on various legal issues. These responses, along with scrutiny of their past work, help the committee assess whether the nominee is fit to serve on the federal bench, making this stage crucial in the confirmation process.
5. Your Voice Matters
Public participation in the judicial nominations process is vital — particularly at the local level. While national attention often focuses on high-profile nominations, many significant cases are decided by district court judges who serve in your own state or region. Engaging with local lawmakers and participating in grassroots campaigns can influence the appointment of these judges, ensuring that the judiciary reflects the values and needs of the community. By mobilizing at the local level, you can help shape the bench in ways that directly impact your daily life and ensure that the judges who hear cases in your community are fair-minded and just.
6. Long-Term Impact of Judicial Appointments
Federal judges serve lifetime appointments, so their influence can last for decades. For instance, Justice John Paul Stevens was on the U.S. Supreme Court for over 35 years, and Justice Ruth Bader Ginsburg served for 27 years before her passing in 2020. This means that judges appointed today, such as Judge Matthew J. Kacsmaryk, who has been criticized for controversial decisions, could still be shaping U.S. law well into the 2050s or beyond. This highlights the crucial need to ensure that judicial nominees are not only highly qualified but also dedicated to upholding justice and equality across all generations.
7. The Importance of Research and Preparation
Thorough research and preparation are essential to ensuring that judicial nominees are both qualified and aligned with the values of justice and fairness. Being well-prepared enables advocates to make compelling arguments for or against a nominee’s confirmation. At AFJ, I learned how crucial it is to delve deeply into a nominee’s background, professional experiences, and contributions to the community. For instance, Judge Dena Coggins, nominated to the U.S. District Court for the Northern District of California, exemplifies the importance of this detailed vetting process. Her extensive experience as an administrative law judge and her active role in the McCullum Youth Court highlight her commitment to restorative justice and community well-being. Coggins’s involvement in mentoring aspiring legal professionals through the Anthony M. Kennedy American Inn of Court further underscores her dedication to the ethical principles of the legal profession. This comprehensive evaluation ensures that the nominees not only have the technical expertise but also embody the values crucial to upholding justice in our courts.
8. The Power of Coalitions
Building and leveraging coalitions with like-minded organizations amplifies advocacy efforts and enhances the push for fair judicial nominations. A prime example of this is the coalition’s work surrounding labor law and union advocacy. For instance, during the nomination process for Judge Nicole Berner, labor unions and worker advocacy groups such as American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), the American Federation of State, County and Municipal Employees (AFSCME), and the Service Employees International Union (SEIU) played a pivotal role in highlighting her extensive experience and commitment to labor rights. By organizing joint statements, mobilizing grassroots support, and meeting with key policymakers, these coalitions emphasized Berner’s qualifications and her previous rulings in favor of workers’ rights. This concerted effort not only drew attention to Berner’s expertise but also illustrated how focused advocacy can ensure that judges who support labor unions and workers’ rights are recognized and confirmed. Such coalitions are essential in making sure that the judiciary reflects the values and needs of various issue areas, including labor rights.
9. Transparency is Key
Transparency in the judicial nominations process fosters trust and accountability, ensuring that nominees are thoroughly vetted and the public is informed. A lack of transparency can have detrimental effects, as seen in the rushed confirmation process of Justice Brett Kavanaugh in 2018. The expedited handling and limited disclosure of pertinent information raised significant concerns about the thoroughness and fairness of the process. This example underscores how critical it is for the confirmation process to be transparent, allowing for comprehensive review and ensuring that the public can trust the integrity of judicial appointments.
10. Resilience Pays Off
The judicial nominations process can be lengthy and challenging, but persistence and resilience often lead to positive outcomes. For example, Dale Ho‘s nomination to the U.S. District Court for the Southern District of New York faced delays and significant opposition. Despite these hurdles, his nomination ultimately succeeded due to steadfast advocacy and resilience from supporters. Judge Ho, known for his impactful work in voting rights and civil liberties, is now making a significant difference on the bench. His confirmation highlights how perseverance in the face of adversity can lead to the appointment of exceptional judges committed to upholding justice and equality.
In conclusion, my time at AFJ has been an incredible journey of learning and growth. The lessons I’ve learned about the judicial nominations process have not only deepened my understanding of the justice system but also strengthened my resolve to continue advocating for a fair and inclusive judiciary. I hope too that they’re helpful for others who care about the courts but are less familiar with this process.
As I move forward, I am committed to carrying these lessons with me, working tirelessly to ensure our courts reflect the diversity and values of our society. I am profoundly grateful for the opportunity to be a Dorot Fellow at AFJ and for the chance to contribute to such important work. Together, we can shape a future where justice prevails for all.
Brianna Davis is a Dorot Fellow on the federal courts team at Alliance for Justice.