May 10, 2023

ACS Calls on the Senate to Maximize Judicial Confirmations with Senator Feinstein’s Return

Nancy Rodriguez,

Washington, DC – After several weeks away from Washington for medical reasons, Senator Dianne Feinstein returned on May 9, 2023. American Constitution Society President Russ Feingold released the following statement regarding her return and next steps on judicial confirmations:

“ACS is thrilled to see Senator Feinstein feeling better and back in Washington. With her return, the Senate Judiciary Committee should not waste any time in sending all pending judicial nominees before it to the full Senate. The Committee has been significantly hampered during Senator Feinstein’s absence.

If the Senate and the White House are to exceed President Trump’s 234 confirmed judges, and more importantly fill all federal judicial vacancies before the end of 2024, they must be aiming for at least 100 judicial confirmations this year. The Senate needs to significantly ramp up its pace and should be seizing all opportunities to maximize confirmations. This should include Senator Schumer scrapping the August recess, and the Senate Judiciary Committee ending the blue slip tradition. It’s encouraging to see Senator Schumer act on the news of Senator Feinstein’s return by filing cloture on a nominee who has been pending on the floor for months. He should do the same for all nominees pending on the floor. This is also a prime opportunity for the Senate to reform its rules to enable multiple nominees to be considered simultaneously.

With a divided Congress, confirming judges is arguably one of the most impactful things this Senate can do. With full attendance for the first time in several months, the Senate must not waste a single moment in confirming diverse, qualified judges who are committed to the rule of law.”


The American Constitution Society is a 501(c)3 non-profit, non-partisan legal organization. Through a diverse nationwide network of progressive lawyers, law students, judges, scholars, advocates, and many others, our mission is to support and advocate for laws and legal systems that strengthen our democratic legitimacy, uphold the rule of law, and redress the founding failures of our Constitution and enduring inequities in our laws in pursuit of realized equality. For more information, visit us at or on Twitter @acslaw.