ACS Explains: President Biden Falls Behind Trump on Judicial Confirmations

The Senate left for its August Recess last week and will not return until after Labor Day. When it returns, the Senate will have 17 Article III nominees waiting for it on the floor. Before leaving for the recess, Majority Leader Chuck Schumer did not file cloture on any judicial nominees.

On Monday, the current administration fell behind its predecessor on the number of federal judicial vacancies it has filled. President Biden has had 140 federal judges confirmed thus far, whereas former President Trump had had 144 judges confirmed by the end of July of his third year.

As of August 3, there are 90 Article III vacancies, 69 of which are current. There are 31 pending nominees: 17 waiting for floor votes, 9 waiting to be reported out of the Senate Judiciary Committee, and 5 waiting for hearings before the Committee. To date, 140 Article III judges have been confirmed during the Biden-Harris Administration.

National Supreme Court Review (2022-2023)

The National Supreme Court Review examines some of the most consequential cases of the 2022-2023 Term. Leading experts discuss the Court's noteworthy decisions, their long-term effects on law and policy, and what they might tell us about the future of a Court facing an historic crisis in public confidence.

Welcome Remarks:

Russ Feingold, President, American Constitution Society

Featuring:

Chris Geidner, Publisher and Author, Law Dork, moderator

Debo Adegbile, Partner and Chair of the Anti-Discrimination Practice, WilmerHale

Ruben Garcia, Professor of Law and Co-Director of the Workplace Law Program, University of Nevada, Las Vega William S. Boyd School of Law

Kelly Moser, Senior Attorney and Leader of the Clean Water Program, Southern Environmental Law Center

Wenona Singel, Associate Professor of Law, Michigan State University College of Law

Stephen I. Vladeck, Charles Alan Wright Chair in Federal Courts, The University of Texas at Austin School of Law

Run Vote Work: Running for Office Program

This Run.Vote.Work. program will help answer the question: “how do I go about running for office?” The discussion features Deborah Gonzalez (District Attorney for the Western Judicial Circuit of Georgia), Jaylin McClinton (Former Candidate for the Cook County (Illinois) Board of Commissioners), and Megan Pulsts (Former City Council Member of Pine Lake (Georgia)). ACS President Russ Feingold will deliver opening remarks and Jeanne Hruska, ACS Senior Advisor for Communications and Strategy, with moderate the discussion.

ACS 2023 National Convention

The annual ACS National Convention is the premier annual progressive legal gathering, bringing together lawyers, law students, scholars, judges, activists, and policymakers to examine some of the most urgent and challenging issues confronting our nation. The 2023 National Convention took place on May 18-20, 2023 in Washington, D.C.

Keeping Insurrectionists from Holding Office

In the two years since the January 6th insurrection, 950 people in nearly all 50 states and the District of Columbia have been arrested for their role in the attempt to overturn the results of the 2020 presidential election. More than half have pleaded guilty or been convicted of felonies. We have also seen several attempts—some successful and some unsuccessful—to use Section 3 of the 14th Amendment to keep elected officials who participated in that unprecedented attempt to subvert democracy from holding office. Known as the Disqualification Clause, Section 3 provides an avenue to disqualify anyone who took an oath to support the Constitution of the United States and then engaged in or encouraged insurrection or rebellion against the United States from holding federal or state office.

How can this provision of the Constitution, adopted as part of the Reconstruction Amendments, be used to prevent insurrectionists from getting on the ballot or holding office today? How do we address concerns about overturning the will of voters and about activities protected by the First Amendment? What are the challenges to realizing the potential power of the Disqualification Clause?

Join ACS and a panel of experts who will consider the potential and pitfalls of using the Disqualification Clause to redress this shameful moment in our recent history.

Introductory Remarks:

Russ Feingold, President, American Constitution Society

Featuring:

Floyd Abrams, Senior Counsel, Cahill Gordon & Reindel LLP

Prof. Sonia M. Gipson Rankin, The University of New Mexico School of Law

Prof. Gerard Magliocca, Indiana University Robert H. McKinney School of Law

Nikhel Sus, Senior Counsel, Complaints and Litigation, Citizens for Responsibility & Ethics in Washington

Moderator:

Praveen Fernandes, Vice President, Constitutional Accountability Center

Leah Litman at the 2023 ACS National Convention

Michele Goodwin, Chancellor’s Professor of Law and Director of the Center for Biotechnology and Global Health Policy at UC Irvine School of Law presents the Ruth Bader Ginsburg Scholar Award to Leah Litman, Professor of Law at the University of Michigan School of Law at the 2023 ACS National Convention on May 18, 2023.

he ACS National Convention is the premier annual progressive legal gathering, bringing together lawyers, law students, scholars, judges, activists, and policymakers to examine some of the most urgent and challenging issues confronting our nation.