Senate Democratic Weakness Bodes Poorly for Trump Resistance

WASHINGTON, D.C., November 22, 2024 – Senate Majority Leader Chuck Schumer has reportedly struck a “deal” to give up on confirming four of President Biden’s nominees to the federal circuit courts purportedly to smooth the way for confirming the remaining district court nominees. Yet what anyone receives in exchange for this deal is unclear, given there was already time and a path forward to confirm all 16 pending nominees on the floor. Every vacancy left unfilled will be handed to Trump to fill with an extremist loyal to his agenda to dismantle civil rights and the rule of law. This is particularly dangerous for circuit court judges given the power they have over many states, as we’ve already seen from the Trump-controlled Fifth Circuit.

Alliance for Justice Interim Co-President Keith Thirion issued the following statement: 

“This deal to give up on circuit court nominations is an unacceptable abdication of leadership by Senate Democrats. These nominees are brilliant legal minds who would play such an important role on powerful federal courts for years to come. Some have already been waiting for over a year, and AFJ has repeatedly called on senators for months to stay in town and complete these confirmations.

“No Senate Democrat can pretend not to know what we will get from Trump judges. The 234 judges and justices from the first Trump term are already wreaking havoc on our rights and the rule of law. All indications are that the second term’s will be even more extreme and agenda-driven. Democratic leadership will need to lead the charge to resist Trump and Republican leadership come January. They must demonstrate they are up for the fight. We expect better than handing Trump more opportunities to damage our courts and our country, and there’s still time to right the course.

“Senate Democrats must come back in December and show the American people that they will champion our freedoms. They must have the courage to hold votes and force the question on the fate of these exceptional nominees. Abandoning them is simply not acceptable.”