On the heels of former President Donald Trump regaining the opportunity to shape the federal judiciary, progressive advocacy groups are urging Democratic senators to vigorously oppose his forthcoming judicial nominations. The latest memo from the group Demand Justice emphasizes the necessity for Senate Democrats to utilize every possible measure to protect the integrity of federal courts amid fears of potential far-right influences on American democracy.
According to Demand Justice, "Senate Democrats must use every tool in their arsenal to defend our federal courts and... voting NO on judicial nominees who will bolster the far-right’s effort to undermine our democracy and kneecap Americans’ civil and human rights." This stark warning highlights the growing divide within the Democratic Party, particularly as some members express openness to negotiation around judicial appointments.
Bloomberg Law recently reported on this contentious atmosphere, noting several Democratic senators have indicated they would be willing to collaborate with Trump on federal trial court vacancies situated within their home states. These include opportunities for appointments to district courts located in New York, California, Connecticut, and Massachusetts, areas represented by Democratic officials.
The backdrop of this negotiation strategy is steeped with mixed results from the previous administration, where many Senate Democrats confirmed a significant number of Trump’s judicial nominees. Statistics compiled by Demand Justice reveal Democratic senators still serving voted to confirm about 42% of Trump’s judges or approximately 97 out of 234 lifetime nominees. This figure starkly contrasts the Republican Senate’s response, where only 14% of Biden’s judicial appointments have been confirmed.
This history evokes ire from some within the party. Jake Faleschini of Alliance for Justice described the potential cooperation with Republicans as "unfathomable" after past experiences of obstruction, likening it to Charlie Brown trusting Lucy again to hold the football. He expressed incredulity at the idea of working together after four years of Republican tactics aimed squarely at slowing down Biden’s judicial nominations.
Pushed to articulate their stance, Demand Justice remained cautious, stopping short of outright rejection of all judicial nominees from Trump, especially those pertaining to home states. Maggie Jo Buchanan, the managing director, remarked, "we have no evidence to the contrary…that the administration can be trusted to put forward nominees who will prioritize people over the law.”
This internal strife echoes with urgency as the Democratic Party also works to engage with President Joe Biden on another sensitive issue: clemency for Leonard Peltier, the Native American rights activist who has been imprisoned for nearly 50 years. A letter signed by 34 Democratic lawmakers, including seven senators, has implored Biden to take action on this matter, especially considering Peltier's deteriorated health due to serious ailments.
Rep. Raul Grijalva from Arizona stated, "Mr. Peltier should never have been imprisoned…so I hope President Biden will continue to do the right thing and pardon Leonard Peltier now." This call for relief not only highlights the ethical dimensions of Peltier’s case but also furthers the narrative of the Democrats seeking to rectify past injustices against marginalized communities.
Peltier has maintained his innocence throughout his incarceration, claiming he was wrongfully convicted amid serious procedural violations during his trial, including coerced testimony and prosecutorial misconduct. Some advocates view this moment as pivotal for the Biden administration, especially after the president recently commuted the sentences of 1,500 individuals, reflecting his recognition of systemic flaws within the criminal justice framework.
Senator Brian Schatz, chair of the Senate Committee on Indian Affairs, reiterated the pressing need for compassion, stating, "If there was ever a case...Leonard Peltier’s is it." These comments shed light on the gravity of Peltier’s situation, parallel to the party's internal debates over judicial nominations and broader immigration policies amid the tumultuous political climate.
With tensions running high, the Democratic Party stands at a crossroads. How they navigate their response to Trump’s judicial influence, the calls for clemency for figures like Peltier, and their action on immigration policies will define their legislative agenda moving forward. Demands for both accountability and collaboration echo from within the party, raising questions about their political coherence as they brace for future electoral battles.