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« Those Wanting to Kill Reform Push the Myth of 60 Votes | Main | For Those Who Would Change the Wind »


Stand Up for the Constitution: Support Progressive Judges

By Nan Aron
September 18, 2009

I want to start this, my first post here on Everyday Citizen, by saying thank you to Founder and Editor-In-Chief Pamela Jean for inviting me to contribute to this community.

As founder and president of Alliance for Justice (AFJ), I’ve spent the past 20 years pushing back against efforts by conservatives to stifle progressive nonprofits and stack the federal judiciary with extremists.

Now, we’re on a different playing field – change has come to the White House and Congress. But they must still hear from all of us.

The president and the Congress are obviously confronting a number of critical issues, the economy and health care among them; they also had a Supreme Court confirmation to handle. But, we cannot let judicial nominees fall to the wayside. AFJ has prepared a fact sheet examining the pace of President Obama’s judicial nominations in comparison to President George W. Bush’s at the same time in his presidency. Currently, the disparity between the two is 68% to 38% on court of appeals nominees and 37% to 13% on district court nominees.

These numbers can and should serve as a reminder that judicial nominations are extremely important. As Supreme Court Justice Lewis Powell stated, “the judiciary may be the most important instrument for social, economic and political change.” Granted, he made that statement to the Chamber of Commerce, and they listened. Now it is time for the progressive community to heed his advice.

A president’s nominees to the federal bench are, in many ways, his longest-lasting legacy. Justice John Paul Stevens has sat on the bench for more than 30 years over the course of seven presidencies; Judge Manuel Real was nominated by President Johnson in 1966 and is still an active judge more than 40 years and nine presidencies later.

It is time for the progressive community to prioritize judges. We need judges who have a demonstrated commitment to equal justice, who favor workers’ rights and environmental protections, not those who always take the side of big business. Given that the decisions made by the men and women of the federal judiciary affect millions of Americans every day on issues ranging from civil and workers’ rights to environmental and consumer protections and a host of other topics, judicial nominations must remain a top priority.

Yesterday the Senate confirmed Gerard Lynch to the Second U.S. Circuit Court of Appeals by a vote of 94-3. I want to believe that this vote is a sign that the Senate will now move to confirm more of President Obama’s qualified nominees. Yet, while this particular confirmation raised no real controversy, as evident from the 94-3 vote, Senator Jeff Sessions (R-AL), the ranking Republican on the Judiciary Committee, said that while he backed Lynch, "We're seeing a pattern of nominees who believe they have the power to amend the Constitution."

We cannot allow Republican obstructionism to block the progress of President Obama’s judicial legacy. There are 20 vacancies on the regionally based federal appeals courts and another 73 for the lower district courts. As we move into the fall and winter of 2009, we must urge the White House and the Senate to nominate and confirm highly qualified nominees who will uphold our core constitutional values.

Alliance for Justice is a national association of over 85 organizations dedicated to advancing justice and democracy. For 30 years AFJ has been a leader in the fight for a more equitable society on behalf of a broad constituency of environmental, consumer, civil and women’s rights, children’s, senior citizens’ and other groups.


Comments (3)

Pamela Jean Author Profile Page:

Nan,

It's our pleasure and privilege to welcome you to EverydayCitizen.com. Your struggles are our struggles, too. We've been a fan of your organization, Alliance for Justice, for many years. AFJ has worked to advance the cause of justice for all Americans, consistently over the years, by strengthening and influencing public policy and providing information to everyday citizens.

These efforts and goals are so in line with the spirit of this site. We look forward to hearing more about your initiatives, learning from you, and finding new and helpful ways to support your efforts. What a delight to have you here with us! Welcome!

Pam

Angelo Lopez Author Profile Page:

Thank you Nan for this informative post, and welcome to Everyday Citizen. Thank you for emphasizing the importance of the judiciary for implementing social change. Your post also highlights the importance of Obama to fill his judical nominees.

Nan Aron Author Profile Page:

Thanks for the welcome everyone, I'm glad to be here! I look forward to many great discussions.

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