On The Bench: Week March 9, 2023

The Senate continued to make substantial progress on judicial nominations this week. As of this writing, the has Senate confirmed 5 Article III nominees: Justice Maria Kahn (2d Cir.) in a 51-42 vote, Magistrate Judge Robert Ballou (W.D. Va.) in a 59-37 vote, Arun Subramanian (S.D.N.Y.) in a 59-37 vote, Judge James Simmons Jr. (S.D. Cal.) in a 51-43 vote, and Magistrate Judge Andrew Schopler (S.D. Cal.) in a 56-39 vote. Despite this progress, there are still 21 nominees who are awaiting action on the Senate floor.

The Senate Judiciary Committee held an executive business meeting this week. The Committee was set to vote on several candidates, but they were unable to due to Senator Feinstein’s continued absence. At the meeting, the Committee advanced only 1 nominee: Magistrate Judge Matthew Brookman (S.D. Ind.). Brookman is now eligible for cloture and confirmation votes.

Judge Marco Hernandez (D. Or.) announced his intention to take senior status in August 2024. This will be the only current or known future vacancy on the U.S. District Court for the District of Oregon.

As of March 9, there are 98 Article III vacancies, 75 of which are current. There are 35 pending nominees: 21 waiting for floor votes, 10 waiting to be reported out of the Senate Judiciary Committee, and 4 waiting for hearings before the Committee. To date, 116 Article III judges have been confirmed during the Biden-Harris Administration.

Vanderbilt Law School

Vanderbilt Law School’s ACS Chapter is honored to be recognized as Student Chapter of the Week!

The VLS chapter has hosted and planned more than 15 substantive events related to voting rights, reproductive rights, Supreme Court reform, affirmative action, and indigenous rights and social movements. The chapter is honored to have tripled its membership since August 2022 and had robust attendance at its events this year.

VLS ACS had events in that fall that featured Professor Ganesh Sitaraman and his research on Supreme Court reform, hosted a viewing of oral arguments for Students for Fair Admissions, Inc., and welcomed Professor Mary Ziegler to discuss the aftermath of Dobbs.

This spring, VLS ACS started the semester off with Reproductive Rights Week as well as a panel on appellate advocacy with Michelle Kallen, a partner at Jenner and Block LLP and former VA Solicitor General, Judge Loren AliKhan of the District of Columbia Court of Appeals, and Rohini Tashima, an associate at Goodwin. The panel was moderated by VLS ACS Chapter President, Joey Vettiankal. Other programs have included a reproductive rights letter writing campaign to legislators and a panel discussion on the use of song lyrics in prosecution.

Later this spring, the VLS ACS chapter is honored to facilitate a discussion on a progressive judicial analysis with the Giffords Law Center and host Senator Doug Jones and ACS National President and former U.S. Senator Russ Feingold.

The chapter wishes to thank its 130+ members and its faculty advisor and ACS Board member, Professor Sitaraman, for their continued support!


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On The Bench: Week March 2, 2023

The Senate made good progress on judicial nominations this week. As of this writing, the Senate confirmed 6 Article III nominees: Jamar Walker (E.D. Va.) in a 52-41 vote, Margaret Guzman (D. Mass.) in a 49-48 vote, Jamal Whitehead (W.D. Wash.) in a 51-43 vote, Araceli Martinez-Olguin (N.D. Cal.) in a 49-48 vote, Judge Colleen Lawless (C.D. Ill.) in a 51-41 vote, and Magistrate Judge Jonathan Grey (E.D. Mich.) in a 49-42 vote. These confirmations continue the trend under the Biden-Harris Administration of diversifying the federal bench, as a majority of them are people of color.

The Senate also invoked cloture on 2 Article III nominees: Magistrate Judge Gordon Gallagher (D. Colo.) and Judge James Simmons Jr. (S.D. Cal.). Their confirmation votes could come as soon as next week.

The Senate Judiciary Committee was scheduled to have an executive business meeting this week, where it was set to vote on several judicial nominees. The meeting, however, was cancelled.

As of March 2, there are 102 Article III vacancies, 79 of which are current. There are 40 pending nominees: 25 waiting for floor votes, 11 waiting to be reported out of the Senate Judiciary Committee, and 4 waiting for hearings before the Committee. To date, 111 Article III judges have been confirmed during the Biden-Harris Administration.

Washington and Lee University School of Law

The Washington and Lee University School of Law chapter of ACS is pleased to be recognized as Student Chapter of the Week.

The W&L chapter fights for progress in the Blue Ridge Mountains of Virginia. From defending women’s autonomy to attacking white supremacy, the chapter joins with students and faculty to carry forward the promise of the Constitution. Flagship events—a SCOTUS Preview, Public Defender Panel, and Local Advocacy Panel—bring together the progressive community each year. Focused events—on elections integrity, environmental stewardship, and public interest careers—highlight the progressive work of friends on campus. And the chapter’s podcast (Spotify Apple) and other media sound the call over the hills and valleys.

This MLK Day, conservative campus organizations hosted an event to reconcile the legacies of Dr. Martin Luther King Jr. and Robert E. Lee at the chapel under which the general is interred. The ACS chapter united with the Black Law Students Association to protest this false moral equivalence, and 75 law students marched across campus to walk out of the chapel.

Similarly, in response to a program promoting the Dobbs decision this semester, the ACS chapter is working with the Women Law Students Organization to provide students with context and alternative programming.

The chapter’s 140 members are led by an Executive Board. 3Ls: Robert White, President; Michelle Pomerantz, Vice President; and John Coffron, SCOTUS Preview Chair. 2Ls: Sara Lee, Treasurer; Taylor Quesenberry, Secretary and SCOTUS Preview Chair; Meredith Lerner, Media Chair; and Scott Koven, SCOTUS Preview Chair. 1Ls: Yardley Borten, Ali Fazal, Gabriella Roberts, and Bryce Thornburg, Representatives; and Kayli Clifford and Katie King, Media Representatives. Professor Christopher B. Seaman serves as the chapter’s faculty advisor.

The W&L chapter thanks ACS for its recognition and looks forward to continuing to work across Virginia, the region, and the nation for progress under the Constitution.


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On The Bench: Week February 23, 2023

With the Senate on recess this week, there was no progress on judicial nominations. When the Senate returns on Monday, it is set to take a cloture vote for Jamar Walker (E.D. Va.). This sets up the first of several potential confirmations next week.

The White House announced the next slate of judicial nominees this week. The slate had two Article III nominees: Jabari Wamble (D. Kan.) and Magistrate Judge Kato Crews (D. Colo.). Wamble had previously been nominated to the Tenth Circuit in the last Congress.

As of February 23, there are 108 Article III vacancies, 83 of which are current. Once the new nominees are officially nominated, there will be 46 pending nominees: 31 waiting for floor votes, 11 waiting to be reported out of the Senate Judiciary Committee, and 4 waiting for hearings before the Committee. To date, 105 Article III judges have been confirmed during the Biden-Harris Administration.

February 2023: Andrew Hairston

Andrew Hairston, Education Justice Project Director, Texas Appleseed; Board Member, ACS Austin Chapter

Andrew Hairston (he/him)
Education Justice Project Director, Texas Appleseed; Board Member, ACS Austin Chapter


As I reflected on 2020, I became a lawyer to honor my deep childhood interest in John Grisham's books and the generations of lawyers who preceded me in my family. Like my granduncle, Warren Cox, who helped to desegregate the University of Mississippi School of Law, I understood the existence of my present struggle for racial justice as a fixture within a long, continuous line of resistance. My parents, a Baptist preacher and a public school administrator reinforced this principle as I grew up, and they greatly inspire my present work.

As an undergraduate student at Howard University, I fought against the death penalty in Maryland. As a law student at LSU, I served in clinics that sought to vindicate the rights of incarcerated folks and kids. As a lawyer - across my tenure at organizations like the Lawyers' Committee for Civil Rights Under Law, Advancement Project, and Texas Appleseed - I strive always to uplift the voices of those most impacted by draconian law & policies as I employ the skills imparted by the profession. These days, such advocacy most often takes the form of testimony before the Texas Legislature and school boards across the state.

Although I might not live to see it, I fight each day for a world where all people, especially Black people, can fully enjoy the abundance of this planet. In this world, people will attend fully-funded public schools, live in expansive affordable housing, access healthcare at any time without cost, build genuine relationships with one another, and observe art wherever they go. As a deacon at Ebenezer III Baptist Church in Austin, I attempt to actualize this future by cultivating the intergenerational community that this body of faith has given me. It is an honor to contribute my efforts toward this vision.


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