For Our Rights and Our Future, the Senate Must Get To Work on Judicial Confirmations

President Biden has already accomplished an incredible amount to help create a federal judiciary that works for everyone. From the confirmation of more than 200 qualified and diverse lifetime judges (and counting) to advancing a long-overdue conversation about modernizing and reforming our Supreme Court so that we can one day trust that it provides equal justice for all, we are making important progress. At a time when the extremist majority on our nation’s highest court has rolled back the progress we have made—taking away the fundamental right to abortion, removing a vital tool for eliminating unfair barriers to educational opportunity, weakening voting rights for communities of color, and more—the task of improving a damaged judiciary is daunting.

It’s no surprise that the public’s trust in the judiciary is declining, as reports persist about some Supreme Court justices’ deeply concerning unethical behavior. Our justices should be serving all of us, but some of them are showing that they are only concerned about the interests of the wealthy and powerful. As we live in this reality, we must also do the work to foster a federal judiciary that respects, recognizes, and advances our civil and human rights.

Our justices should be serving all of us, but some of them are showing that they are only concerned about the interests of the wealthy and powerful.

It is incumbent on every generation to protect the progress made and work toward a more inclusive and thriving democracy and society in which everyone is treated with respect and dignity. Unfortunately, in the past few years alone, a manufactured and coordinated campaign has taken us back—but we are not backing down. We are fighting for a better future where our rights, our lives, and our future are respected. For this to happen, our Supreme Court justices must be held to the highest ethical standards, and Congress must explore all options to improve how the Court functions and thus examine its structure, including limiting the amount of time justices can actively serve. In the next few months, there’s also important work that must be done that will make a real difference in our lives. Federal judges decide important cases from who can access health care to whose votes are counted. And for our democracy to endure, we need highly qualified, fair-minded individuals in courtrooms across our nation who will advance equal justice for all.

President Biden, Senate Majority Leader Chuck Schumer, and Senate Judiciary Committee Chair Dick Durbin have helped to make a significant impact, stewarding more than 200 confirmations of lifetime judges and justices to our federal courts. This includes ushering in the most diverse slate—both demographically and professionally—of federal judges in history. Nearly two-thirds of these confirmed judges are women, nearly two-thirds are people of color, and more than 40 percent have significant experience protecting people’s civil and human rights. Of course, President Biden appointed Justice Ketanji Brown Jackson, the first Black woman and first former public defender to serve on our nation’s highest court, and her service to date has been remarkable. A few weeks ago, President Biden also announced his support for long-needed changes to the Supreme Court, including a binding code of conduct for Supreme Court justices.

Transforming our federal judiciary so it not only looks like America but also recognizes and respects the rule of law—and how laws impact people's lives—has been a cornerstone of President Biden’s administration. Together we have changed the default of who is considered fair and qualified for the federal bench because we know that a judiciary staffed with brilliant people committed to equal justice—people whose experiences have been historically excluded—yields better decisions and is more reflective and representative of America. We celebrate this remarkable progress. But we cannot relent.

Time is of the essence. We need laser-like focus to fill every vacancy possible by the end of the year.

The jurists who President Biden has appointed will be serving for decades to come—far outlasting his impressive four years in office. To honor his legacy and to ensure justice is served in more corners of our country, progress must accelerate. Over the next few months, senators must urgently prioritize the confirmation of diverse judges who possess a deep commitment to our civil and human rights.

Now that the Senate has returned, we urge senators to seize every opportunity to make an immediate and lasting difference. The Democratic-led Senate, under the leadership of Majority Leader Schumer, has already confirmed several nominees this week and has now confirmed 209 lifetime nominees during the Biden administration. Dozens more are awaiting action in committee or on the Senate floor. This includes numerous nominees with critical civil and human rights experience, including experience defending religious freedom and protecting the rights of working people and those involved in the criminal-legal system. Time is of the essence. We need laser-like focus to fill every vacancy possible by the end of the year.

For some comparison, President Trump during his one term in office was able to confirm 234 nominees to lifetime judgeships with the avid assistance of then-Majority Leader Mitch McConnell. In the final months of his one term, the Republican-led Senate confirmed 30 judicial nominees, including a Supreme Court justice. We can exceed the previous administration both in numbers and quality—and we must. While we have a long way to go until we have equal justice, it’s imperative that Schumer accelerate this progress and continue to use every moment over the next few weeks and months to fill as many judicial seats as possible. With focus and determination, the Senate can leave President Biden the legacy of appointing a stunning number—more than the last administration—of superbly qualified judicial nominees.

Focusing on confirming judges will make a tremendous difference in our lives and for our fundamental rights and freedoms. We need to take all necessary steps to strengthen our judiciary so that our multiracial democracy can thrive and equal justice prevails.

President Biden’s legacy deserves no less. And our future depends on it.