On The Bench: Week of September 19, 2022

Over the last few weeks, the Senate has continued to make progress on judicial nominations. Since September 9, the Senate has confirmed four Article III nominees: Judge Salvador Mendoza, Jr. (9th Cir.) in a 46-40 vote; Judge Sarah Merriam (2d Cir.) 53-44 vote, Lara Montecalvo (1st Cir.) in a 52-47 vote, and Judge Florence Pan (D.C. Cir.) in a 52-42 vote. This continues the recent uptick in circuit court confirmations. As of September 22, the Senate has confirmed 24 circuit court nominees. In the first two full years of the Trump Administration, there were 30 circuit court confirmations. There are still thirteen circuit court nominees pending in throughout the confirmation process.

Last Thursday, the Senate Judiciary Committee held an executive business meeting for five Article III nominees: Magistrate Judge Dana Douglas (5th Cir.), Bradley Garcia (D.C. Cir.), Jerry Blackwell (D. Minn.), Judge Frances Kay Behm (E.D. Mich.), and Anne Nardacci (N.D.N.Y.). All five received a majority vote and are now eligible for cloture and confirmation votes.

On Wednesday, the Committee held a hearing for six Article III nominees: Julie Rikelman (1st Cir.), Justice Maria Kahn (2d Cir.), Judge Margaret Guzman (D. Mass.), Jamal Whitehead (W.D. Wash.), Jamar Walker (E.D. Va.), and Araceli Martinez-Olguin (N.D. Cal.). All six nominees are eligible for a full committee vote.

On Thursday, the Committee held another executive business meeting for six Article III nominees: Justice Tamika Montgomery-Reeves (3d Cir.), Cindy Chung (3d Cir.), Kelley Hodge (E.D. Pa.), John Murphy (E.D. Pa.), Judge Mia Perez (E.D. Pa.), and Judge Kai Scott (E.D. Pa.). As is customary for the first time nominees are listed, all six nominees were held over. The nominees will now likely receive a full committee vote next week.

As of September 22, there are 114 Article III vacancies, 82 of which are current. Once all the judicial candidates are

ACS Applauds President Biden's Commitment to Nominating the first Black woman to SCOTUS

FOR IMMEDIATE RELEASE

Contact: Pablo Willis, pwillis@acslaw.org   

 

Washington, DCToday, the American Constitution Society released the following statement on President Biden's commitment to nominating the first Black woman to the Supreme Court of the United States.  

 ACS applauds President Biden for reaffirming his commitment to nominating a Black woman to fill Justice Breyer’s seat on the U.S. Supreme Court. The Supreme Court has never represented the diversity of the American people. For most of our history, it was uniformly white and male. To our collective detriment, there has never been a Black woman justice on the Supreme Court, and ACS looks forward to this changing soon.

 There are many exceptionally qualified Black women lawyers —both within and outside of the federal judiciary. This includes the Black women being discussed in the press as potential nominees, all of whom are without doubt qualified to serve on the Supreme Court and would make excellent justices.

 ACS is appalled by the racist remarks being made about President Biden’s commitment to nominating a Black woman and about potential nominees. Such racist attacks are repugnant and serve only to underscore the systemic racism and oppression that Black women have consistently faced in this country. These attacks further highlight how unrepresentative our highest court has been and why it is imperative that we prioritize diversity on our courts.

 Justices inevitably bring their life experience to their deliberations on the Court. In order for the Court to truly understand and address the needs of the American people, it is imperative to have its members reflect the diversity of the American public and a variety of lived experiences.

 ACS looks forward to the first Black woman justice on the Supreme Court and is committed to further diversifying our federal courts moving forward.

 

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AMERICAN CONSTITUTION SOCIETY

ACS believes that the Constitution is “of the people, by the people, and for the people.” We interpret the Constitution based on its text and against the backdrop of history and lived experience. Through a diverse nationwide network of progressive lawyers, law students, judges, scholars, and many others, we work to uphold the Constitution in the 21st Century by ensuring that law is a force for protecting our democracy and the public interest and for improving people’s lives. For more information, visit us at www.acslaw.org or on Twitter @acslaw.

April 2021: Quyen Tu

Quyen Tu, Co-Chair of the Equity and Inclusion Committee, ACS Los Angeles Lawyer Chapter

Quyen Tu (she/her/ella)
Co-Chair of the Equity and Inclusion Committee, ACS Los Angeles Lawyer Chapter 


Last summer, as we began to see the disparate impact of COVID-19 on minority communities, KQED published an article on how many children in non-English speaking households are serving as the de facto translators for their family. Boy, did the article resonate with me! As a newly arrived seven-year-old refugee, I did not speak or understand English. By ten, I was the language bridge for my parents, aunts, uncles, and grandparents as we built our lives in the US. 

Like the kids in the article, I still translate for my family. Nine months into a global pandemic, Kaiser Permanente still only had one page of medical information about COVID-19 in Vietnamese. This is appalling because Kaiser is a large, multi-state institution with access to resources. It has numerous locations in Orange County, home of the largest population of Vietnamese outside of Vietnam. Yet, Kaiser didn’t offer adequate in-language support to the community it serves. Thankfully, I was able to translate for my family membersBut what about those who don’t have someone like meIf you don’t speak or read English, how do you let Kaiser and other societal institutions know that your needs aren’t being met? 

I was drawn to ACS because of its mission and commitment to diversity, recognizing that we all fundamentally bring value and contribute to American society because of who we are. Working with and representing people who don’t speak English reminds me of my own family’s struggle to communicateIt’s why I continue to learn different languages. I want to lessen the barrier for me to understand and empathize with othersThose moments when I introduce myself as an attorney representing my clients are little capstones in my legal career. 

I have wondered where my life would have led me to if I had arrived in an America that was more inclusive of other voices, different voices. In my current role at Alliance for Justice, I help people and organizations find their own voices and speak in whatever language they are most comfortable expressing themselves in to advocate for change. We are cheerleaders for bold advocacy. Whether individually or as a group, I hope that my work and involvement with ACS brings the vision of a more inclusive America closer to fruition. 


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