As we inch closer to the 2020 presidential election, it’s essential that Democratic presidential primary candidates focus on one of the most critical issues the next occupant of the White House will face: the need to confirm fair-minded judges to our federal courts.
When speaking about their plans for the economy, health care, education and the environment, presidential candidates looking for progressive support must also lay out a compelling vision for restoring balance to our courts, including their plans to nominate and confirm fair-minded constitutionalists to the federal judiciary, including the Supreme Court.
Throughout the primary campaign season, PFAW has continued to track comments from the candidates about their vision for the courts on their websites, on social media, and in their speeches. Want to help us out? Tweet us using the hashtag #VoteTheCourts2020.
Hear what the candidates have to say:
| Biden | Bennet | Buttigieg | Gabbard |
| Klobuchar | Patrick | Sanders | Warren |
Sen. Elizabeth Warren Endorses the #VoteTheCourts2020 Campaign
“Today I want to talk about the importance of our courts and who sits on them. And tell you why I support the #VoteTheCourts2020 campaign. Since Trump’s election I have seen judge after judge come through the Senate and they all have one thing in common — a willingness to put a thumb on the scales for the rich and powerful at everyone else’s expense. Less than two weeks ago, five Republican-appointed justices handed over the keys to our democracy to a bunch of cheats by giving them the green-light to partisan gerrymandering. And now, as the Supreme Court prepares to take on DACA, the stakes are higher than ever. We need to fight back. I’ll appoint fair-minded constitutionalist judges instead of far-right extremists. Judges who will value justice for all, not just for the rich and the powerful. Judges who will defend equality for the most vulnerable among us, not roll back constitutional rights for huge swaths of our country. And I’ll make sure that everyone gets a fair shake in our courts too.”
Former Vice President Joe Biden
August 2019
“I want someone who understands the 9th Amendment means something. That there’s privacy, that the idea that the number of all those rights and facts is the reason why a woman has a right to choose. The reason why there is, in fact, the ability to. And so, I would not support anyone and never have supported anyone who thinks that a strict reading of the Constitution, like Bork argued, that unless it mentions explicitly in the Constitution that it does not exist, it’s up to the states to determine. And so, I want to make sure judges understand that this is a document designed never to be a statement on its own. It’s a number of all those amendments that make a difference and it makes a gigantic difference.”
Sen. Michael Bennet
August 2019
“Donald Trump, as a result, has put on the bench more judges than any other president in American history, almost twice as many over the same period of time as Barack Obama had. I think the best way of dealing with that is by electing a president who is committed to putting on the court people who are of good character and who will hue to the Constitution in the way that you described and will make sure, among other things, that a woman’s right to choose is protected and that Roe v. Wade is accepted as a precedent. That’s what I would intend to do.”
Mayor Pete Buttigieg
January 2020
“The reality is that this is a real problem. Part of why I think a lot of Republicans have stayed on board with a president who is as offensive to their party’s values as they are to my party’s values is that they feel they are getting their way in one very specific narrow and important field, which is appointments to the bench. But what we’re getting are often unqualified, extreme ideologues and this is going to have an impact for quite a while. It’s one of many, many reasons why it is absolutely imperative that we win and succeed and that there is not a second Trump term. I will appoint justices and judges who share the values that I’m espousing in my campaign.”
December 2019
“It is critical that we have justices who understand that American freedom includes reproductive rights and reproductive freedom … I expect an understanding that voting rights are human rights. I expect an understanding that equality is required of us all.”
August 2019
“The first thing we’ve got to do first, of course, is to win… And when we do, seek nominees that think for themselves and understand that constitutional interpretation is not about guessing what one of the men who was around in 1787 believed, but rather taking an approach that is faithful to the letter of the Constitution and interpreting it in a way that makes sense in our time.”
April 2019
“I want judges and justices first of all who understand…the way that American life interacts with these constitutional texts… the other thing we really need is judges who think for themselves. The right to choose exists because of a Republican-appointed judge who thought for himself. The right to marry exists because of a Republican-appointed judge who thought for himself.”
Rep. Tulsi Gabbard
August 2019
“I think one of the biggest threats to us and to our freedoms in this country has been the increasing politicization of the courts. We’re seeing now how important it is, obviously, to make sure that we are nominating judges and Supreme Court justices who are first and foremost committed to upholding the Constitution and the rights and freedoms enshrined there bestowed upon every single one of us as Americans. Obviously Roe v. Wade continues to be an issue of great concern. Again, making sure that we have judges who will uphold standing law, uphold that precedent, and make sure that those freedoms that we cherish are not infringed upon based on whatever political party is in power.”
Sen. Amy Klobuchar
January 2020
“The kind of judges I think that we should be putting forward, as a president, are on the court now. People like Elena Kagan, and Sonia Sotomayor, and Justice Breyer, and of course, the notorious R.B.G. I think see the models right in front of us, I think we should have a diverse court. It should reflect our community.”
December 2019
“I would appoint judges that are in the vein of people like Elena Kagan and Justice Breyer and Sonia Sotomayor, and let’s not forget the notorious RBG … We have to immediately start putting judges on the bench to fill vacancies so that we can reverse the horrific nature of these Trump judges.”
August 2019
“That has got to be something where we hit the ground running on Day One. I actually put together over 100 things we can do in the first 100 days. And one of them is appointing judges. I’ve been pretty good about getting judges appointed that are fair minded and getting it done in a smart way and I’m going to do that as president.”
Deval Patrick
January 2020
“So I think we’ve got to get folks who understand the lived experience of modern-day Americans and who can look out beyond Washington, beyond privilege, beyond their own experiences and understand that there are people in this country that are depending on our moving every day toward American ideals of equality, opportunity and fair play.”
Sen. Bernie Sanders
April 2019
“My pledge to you … is that as president of the United States, I will appoint Supreme Court justices and nominate [judges] all across the board who will represent the needs of people of color, of working people, and who are prepared to believe and fight for justice – not just the people on top.”
Sen. Elizabeth Warren
January 2020
“I think what’s at the heart of it is who you ask to be a judge. Who do you want on your list to be a judge. And I’ll tell you what the answer’s been for Donald Trump, because I’ve seen these guys. Homophobic? That’s in. Racist? that’s in. Sexist? Oh yeah, most definitely. And anti-voter—that’s been a big qualification. He has named one person after another… Our answer has to be is that we have a judiciary that truly respects the rule of law and respects every single human being in this country. That is the job of the judiciary. It is there to protect individual rights. It’s not there to protect corporate rights, it’s not there to protect folks with money, it’s there to protect individual rights…”
September 2019
“It’s also time to call out corruption in the federal judiciary. Increasingly, big-shot corporate lawyers are getting appointed as federal judges, and they turn out one decision after another in favor of corporations and against the interests of American consumers, against unions, and against vulnerable people who must count on the courts to protect their rights. Shadowy right-wing groups have spent millions of dollars to ram through aggressively unqualified nominees who are likely to advance their causes. No one should be surprised that public confidence in our federal courts is at an all-time low. But we can fix it! We will rewrite the basic code of ethics for federal judges, and we will appoint a whole new generation of judges with diverse background and a wide range of legal experiences. Judges who actually believe in fundamental principles like rule of law and civil rights and equal justice.”
July 2019
“Today I want to talk about the importance of our courts and who sits on them. And tell you why I support the #VoteTheCourts2020 campaign. Since Trump’s election I have seen judge after judge come through the Senate and they all have one thing in common — a willingness to put a thumb on the scales for the rich and powerful at everyone else’s expense. Less than two weeks ago, five Republican-appointed justices handed over the keys to our democracy to a bunch of cheats by giving them the greenlight to partisan gerrymandering. And now, as the Supreme Court prepares to take on DACA, the stakes are higher than ever. We need to fight back. I’ll appoint fair-minded constitutionalist judges instead of far-right extremists. Judges who will value justice for all, not just for the rich and the powerful. Judges who will defend equality for the most vulnerable among us, not roll back constitutional rights for huge swaths of our country. And I’ll make sure that everyone gets a fair shake in our courts too. My anti-corruption bill makes Supreme Court justices follow the same ethics requirements that all other federal judges have to follow. No more payments from corporations for attending events and no more lavish getaways and fancy hunting trips funded by billionaires who have business in front of the courts. If we fight together, if we persist together, we can create a fairer and more equal and just America.”