Lena Zwarensteyn

  • September 7, 2017

    By Lena Zwarensteyn, ACS Director of Strategic Engagement

    Our federal judiciary is in jeopardy. Courts are often the last defense for our Constitution. Federal courts make decisions about how we are treated in the workplace, how the law regards women, racial minorities, and those with disabilities, among others, consumer protections, the safety of our environment, our right to vote, and our immigration system – just to name a few issues. 

    And yet, we have a President that has attacked individual judges and courts.

    Indeed, he campaigned with a list of potential nominees to the Supreme Court that he repeatedly emphasized would be the most conservative jurists he could find, and he was certain they passed a series of litmus tests, including on reproductive rights and gun safety laws.

  • October 7, 2016

    by Lena Zwarensteyn

    This week, the Supreme Court opened its October Term with only eight justices to hear oral arguments. In the 237 days the Court has operated at less than full capacity, the Senate Majority Leader Mitch McConnell (R-Ky.) has remained steadfast in his refusal to allow the chamber he leads the opportunity to fulfill its constitutional duty to provide “advice and consent” on President Obama’s nominee. While President Obama’s nominee to the Supreme Court, U.S. Court of Appeals for the District of Columbia Chief Judge Merrick Garland, has been patiently waiting for any signal of a public confirmation hearing, he joins a cadre of other languishing judicial nominees. The vacancy on the Supreme Court is mirrored in federal courts across the country and is reaching crisis proportions. As Professors Michael Gerhardt and Richard Painter note in their new Issue Brief, “The New Normal:  Unprecedented Judicial Obstruction and a Proposal for Change,” there are 108 current and future vacancies in our federal courts. This represents more than 10% of our federal judiciary, and the shutdown of this vital branch of government means that Americans are shut out.

    Americans seeking their day in court do so in a judicial system that is significantly overburdened and understaffed. The Senate Majority claims they have done enough, yet they have not even done the minimum to ensure that justice is administered in a fair and efficient matter. Since the Republicans took over the Senate leadership in 2015, they have only confirmed 22 Article III judicial nominees to the Courts. Compare this to other presidents who faced oppositional Senate leadership: President George W. Bush had 68 judges confirmed in his final two years in office and President Bill Clinton had 73 judges confirmed in his final two years in office.  One has to go back to the 1950s to find a remote comparison, and even then President Dwight Eisenhower had twice as many judges confirmed in his final two years (44 judges) compared to President Obama.