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In last night’s presidential debate, the candidates discussed several important issues where their choices for the Supreme Court will be critical for Americans’ rights. Whether Hillary Clinton or Donald Trump is elected will decide whether Roe v. Wade is overruled, whether the Court’s historic Obergefell decision on marriage equality is thrown out by a Trump Court, and whether Congress and state legislatures can enact common-sense laws on gun safety and money in politics.
But there are a number of other issues the Supreme Court rules on that underscore why it is crucial that a President Clinton, backed by a Democratic Senate, selects nominees to fill the up-to-four Court vacancies that are likely in the next four years. Specifically:
These examples and more are likely products of a Supreme Court to which a President Trump is able to nominate even one or two new justices. With three or more nominations considered likely in the next president’s first term, the consequences to all Americans would be disastrous. And in light of recent threats by Republicans like John McCain to block all Clinton nominees to the High Court, it is crucial that Americans also vote for a Democratic Senate.
This week marked the start of a second consecutive term of the Supreme Court without a full roster of nine justices. For months, Senate Republicans have refused to hold a confirmation hearing—and, in some cases, to even meet with—President Obama’s Supreme Court nominee Judge Merrick Garland, despite being considered to be perhaps the most qualified Supreme Court nominee in modern history. Members of both parties have applauded his judicious temperament, deep legal knowledge and fair-minded approach to dealing with difficult cases.
To mark the record-breaking 202 days since Garland’s nomination, PFAW and a cadre of allies assembled a crowd of more than 200 people to hold signs calling on Senate Republicans to do their job by holding a hearing and a vote. Speakers at the rally included organizational leaders, such as PFAW’s own executive vice president Marge Baker, as well as the lead plaintiff in the landmark 2015 marriage equality decision, Jim Obergefell. The bipartisan event also featured Republican voters who are fed up with the relentless obstructionism of their leaders in the Senate.
Because of the Supreme Court vacancy, in recent months a number of critical issues have been left unresolved. Cases pertaining to immigration, affirmative action, and reproductive health have been left hamstrung by a deadlocked court, with cases being sent back down to lower courts because of the inability to break a tie. With the highest judicial body in the United States unable to resolve issues that affect millions of Americans, now more than ever people must tell Republican members of the Senate to #DoYourJob.
Members of People For the American Way and Granite State Progress delivered 92 empty chairs to U.S. Senator Kelly Ayotte’s Nashua district office yesterday to symbolize the seats on the federal courts left vacant by Republican obstruction of the president’s judicial nominees. This event took place on the first day of the U.S. Supreme Court’s new term as part of a nationwide Day of Action to call attention to the dozens of unfilled vacancies on the federal courts.
When it comes to partisan filibustering of judicial nominees, Sen. Ayotte has consistently taken her marching orders from Senate Majority Leader Mitch McConnell. She was a willing partner in Republican efforts to filibuster highly qualified nominees to fill circuit and district court vacancies. In late 2013, she even followed McConnell’s party edict to filibuster all three of President Obama’s D.C. Circuit nominees. Senate Republicans admitted that this was not based on any nominee’s qualifications—they argued that Obama should not be able to fill any of the three vacancies on the 11-member court. It was a transparent effort to keep the D.C. Circuit with a majority of very conservative judges. And since Ayotte’s party took over the Senate last year, the number of judicial vacancies has doubled, while the number of those designated emergencies has tripled.
“Now that the Senate is out for recess through the election and the Supreme Court is beginning a new session, it’s official: Sen. Kelly Ayotte hasn’t only aided some of the most far-right Republicans in the Senate by refusing to move forward with hearings and a vote to fill the Supreme Court vacancy, but she’s also stood with obstructionist Republicans in refusing to take action on other federal judicial nominations,” said Linds Jakows, NH Campaign Organizer with People For the American Way. “This is especially troubling since she tries so hard to brand herself as ‘bipartisan and independent.’ She clearly hasn’t listened to voters who know that obstructing justice on the highest courts and paving the way for Trump’s extreme shortlist is neither independent nor bipartisan.”
Yesterday, Massachusetts senator and progressive hero Elizabeth Warren joined PFAW’s Michael Keegan and Marge Baker on a member telebriefing to discuss GOP senators’ unprecedented obstruction of judicial nominations at all levels, including their refusal to give fair consideration to President Obama’s Supreme Court nominee.
Sen. Warren noted on the call that Senate Republicans are now “setting new records for obstruction.” She suggested that they “might want to pull a copy of the Constitution out and take a look,” since the document is “crystal clear” about the Senate’s responsibility to confirm or reject the judges the president nominates. Instead, Warren said, GOP senators are trying to hold the Supreme Court seat open for a President Trump so that he can nominate judges who will bend the laws to suit their interests and the interests of their powerful friends.
Sen. Warren encouraged PFAW members and supporters to ask their senators why they won’t do their jobs and to keep up the pressure. “People For the American Way has done a fantastic job of putting pressure on Senate Republicans to give these judges timely consideration and an up-or-down vote,” she said. “This is a tough fight, but you don't get what you don't fight for.”
Marge Baker reviewed the work that PFAW is doing to make sure Republicans are held accountable at the ballot box on Election Day, including on-the-ground organizing targeting senators who have refused to do their jobs and PFAW’s massive Latinos Vote! campaign, designed to make sure Latino voters are ready to help deliver a progressive victory in November.
You can listen to a recording of the call here:
In light of Sen. Kelly Ayotte’s continued refusal to fill the Supreme Court vacancy, members of People For the American Way and Granite State Progress donned Supreme Court justice robes Wednesday in front of her Nashua office to demonstrate that Granite Staters will be watching the Supreme Court vacancy when she returns to DC from Congressional recess. Members of both groups also brought a symbolic empty chair and a sign reading “fill this seat.”
“We’re bringing the Supreme Court to Sen. Ayotte today, since she’s tried so hard to ignore it,” said Linds Jakows, New Hampshire Campaign Organizer with People For the American Way, “Obstruction that results in leaving the seat open for Trump to fill is neither independent nor bipartisan, as she likes to call herself, and she’s ignoring the majority of her constituents who understand filling this vacancy is crucial in bringing forth justice for millions of people.”
Ayotte has remained in lockstep with her party leadership on this vacancy, forcing the highly qualified Merrick Garland to wait more days than any nominee in history. Recently Ayotte called Trump’s Supreme Court shortlist a “good start,” apparently ignoring the many extreme rulings from these judges. One judge on Trump’s shortlist, Steven Colloton, said that a woman who reports sexual harassment cannot take legal action if her employer retaliates by firing her.
Participating activists took photo petitions amplifying this message -- Margaret and Rocco Femia and Carol and Karl Stamm called out Ayotte’s hypocrisy and so-called independence, while Marcel ‘Dusty’ Liberge and Steven Goldstein focused on the lack of justice from an 8-member court.
Yesterday, at the Cigna/Elliot 5K Road race in downtown Manchester, Sen. Kelly Ayotte revealed a level of trust in Donald Trump’s ability to choose a qualified Supreme Court justice when questioned by a Manchester voter.
Watch her response:
Ayotte, who has repeatedly ignored the vast majority of Granite Staters who want her to do her constitutional duty and support moving forward with hearings and a vote for Supreme Court nominee Merrick Garland, seemed unconcerned with the particulars of Trump’s judgement regarding the next Supreme Court justice, but said she’d looked at the list and thinks it’s a “good start.”
Even as GOP presidential candidate Donald Trump hits new lows in his campaign—from attacking Gold Star parents to suggesting gun violence as a way to stop Hillary Clinton—Republican senators continue to hold open the vacant Supreme Court seat for Trump to fill.
Yesterday People For the American Way held a telebriefing for members and supporters about the critical role the Supreme Court plays in 2016 and beyond, and how progressive activists can hold GOP senators accountable for their unconscionable blockade of President Obama’s Supreme Court nominee. PFAW’s Marge Baker, Drew Courtney, and Elliot Mincberg were joined by Public Policy Polling director Tom Jensen to discuss how to make the Supreme Court a winning issue in the election.
You can listen to the full telebriefing here:
Thursday, July 14, marked the 120th day since Chief Judge Merrick Garland was nominated to the Supreme Court. July 14 was also the Senate Judiciary Committee’s final markup before the August recess. In order to highlight Republican senators’ irresponsible obstruction on judicial vacancies, People For the American Way staff members attended and stood in solidarity with activists from Planned Parenthood Federation of America, the Leadership Conference on Civil and Human Rights, and Americans United for Change at the markup.
We wore buttons that read “#DoYourJob” and some advocates silently held signs when the meeting concluded. Our presence put additional pressure on Chairman Sen. Chuck Grassley and his Republican colleagues on the Senate Judiciary Committee to give Garland fair consideration and to fill the growing number of other judicial vacancies.
On the agenda for the markup meeting were four judicial nominees: Jennifer Puhl, Don Coggins, David Nye, and Kathleen Sweet. Puhl, Coggins, and Nye were unanimously approved by the committee on a voice vote, but they join a long list of nearly 20 other nominees who are still waiting for consideration from the full Senate. They are unlikely to receive a vote before the fall.
During the committee proceedings, ranking member Senator Patrick Leahy (D-VT) gave voice to our frustrations, and the frustrations of so many Americans, by directly addressing the rising number of judicial vacancies across the United States and the failure of Republican senators to fulfill their job requirements by adequately processing judicial nominees:
“The sharply rising number of judicial vacancies across the country is the direct consequence of Republican leadership neglecting the Senate’s duty to ensure the federal judiciary can function. When Senate Republicans took over the majority last year, there were 43 judicial vacancies, 12 of which were emergency vacancies. Because of the Republicans’ refusal to do their jobs, vacancies have nearly doubled to 83, and emergency vacancies have nearly tripled to 30.”
Astoundingly, at the last markup session before the congressional recess, and 120 days since Merrick Garland’s nomination, Sen. Chuck Grassley did not even speak about the most pressing judicial vacancy: the open ninth seat on the Supreme Court. Sen. Leahy, however, did, saying:
"Republicans are failing our justice system and the American people by continuing their unprecedented blockade of Chief Justice Merrick Garland’s nomination for the Supreme Court.”
We agree with Sen. Leahy and so many Americans. The American people deserve a fully-functioning judicial system, including a Supreme Court with nine justices. Republican Senators’ refusal to adequately process judicial nominees is disgraceful. Tell Sen. Grassley to stop playing politics with our justice system, and tell GOP senators to do their jobs.