Warren Says Senate Must Use 'Every Minute' Until January 3 to Confirm Federal Judges

In an op-ed on "the plan to fight back" against the incoming Trump administration, U.S. Sen. Elizabeth Warren on Thursday provided a pep talk to anguished supporters of Vice President Kamala Harris as the nation faces another four years with the far-right MAGA movement at the helm of the government—but she also issued a demand of the Senate before President-elect Donald Trump takes office.

"While still in charge of the Senate and the White House, we must do all we can to safeguard our democracy," wrote the Massachusetts Democrat at Time magazine. "Senate Majority Leader Chuck Schumer must use every minute of the end-of-year legislative session to confirm federal judges and key regulators—none of whom can be removed by the next president."

As Law.comreported on Thursday, there are currently four federal appeals court nominees awaiting Senate floor votes, a nominee for the United States Court of Appeals for the Fourth Circuit awaiting a Senate Judiciary Committee vote following a confirmation hearing in July, and 23 district court nominees awaiting floor or committee votes.

The lame-duck session of Congress will begin November 12 and lawmakers will leave for holiday recess December 20. On January 3, the 119th U.S. Congress will convene, with the Republican Party taking control of the upper chamber.

"Given the outcome of the election, the reality is that we now have a rapidly closing window to confirm well-qualified, fair-minded judges who will protect our rights and serve as one of the last guardrails in upholding our nation's laws and the Constitution," said Maggie Buchanan, managing director of Demand Justice. "Even one judge can make a difference. We don't have a minute to lose."

"With the prospect of more Trump judges on the horizon, this will hopefully create the urgency we've needed all along."

Law.com reported that Schumer (D-N.Y.) has filed for cloture on President Joe Biden's nominations of Judge Jonathan Hawley and former assistant U.S. Attorney April Perry, both of whom were nominated for federal trial courts in Illinois. The Senate will likely vote on the two nominees next week.

"We have always been adamant that the Senate must confirm all of President Biden's nominees and fill every possible vacancy, regardless of who wins the election," said Jake Faleschini, program director for Alliance for Justice, in a statement. "With the prospect of more Trump judges on the horizon, this will hopefully create the urgency we've needed all along."

A spokesperson for Sen. Dick Durbin (D-Ill.), chair of the Senate Judiciary Committee, told Law.com that Durbin "aims to confirm every possible nominee before the end of this Congress."

At Time, Warren wrote that the Harris campaign and the Biden White House have reached out to working people with pro-labor policies and proposals aimed at reducing prices and holding corporations accountable. But the senator acknowledged that "good economic policies do not erase painful underlying truths about our country."

"Americans do not want a country where political parties each field their own team of billionaires who then squabble over how to divvy up the spoils of government," wrote Warren. "Vice President Harris deserves credit for running an inspiring campaign under unprecedented circumstances. But if Democrats want to earn back the trust of working people and govern again, we need to convince voters we can—and will—unrig the economy."

Before Trump takes office, she added, "to resist Trump's threats to abuse state power against what he calls 'the enemy within,' Pentagon leaders should issue a directive now reiterating that the military's oath is to the Constitution."

Looking ahead to the second Trump administration, Warren advised her party to unite "against Trump's legislative agenda" as it did when the Republicans tried to repeal the Affordable Care Act in 2017.

"Democrats did not have the votes to stop the repeal," wrote the senator. "Nevertheless, we fought on. Patients kept up a relentless rotation of meetings in Congress, activists in wheelchairs performed civil disobedience, and lawmakers used every tactic possible—late night speeches, forums highlighting patient stories, committee reports, and procedural tactics—to draw attention to the Republican repeal effort. This sustained resistance ultimately shifted the politics of health care repeal. The final vote was a squeaker, but Republicans lost and the ACA survived."

"Trump won the election, but more than 67 million people voted for Democrats and they don't expect us to roll over and play dead," wrote Warren. "We will have a peaceful transition of power, followed by a vigorous challenge from the party out of power, because that's how democracy works."