Lower Federal Courts

GOP Obstruction of the DC Circuit: Infographics

Share these infographics to help set the record straight on the DC Circuit.

The Critically Important DC Circuit Court

Despite progressive victories in 2012, the Right’s outsized influence on the United States Court of Appeals for the District of Columbia Circuit gives it the power to undermine progressive laws and thwart the agenda that Americans elected President Obama to pursue.

Senators Should Watch This Video from the Federal Judiciary

Senators who attack nominees for representing criminals in court could use this lesson from America's federal judges.
PFAW

GOP Forces Cloture Petition on 100th Obama Judicial Nominee

Just imagine the damage to our courts if Republicans control the Senate during President Obama's last two years.
PFAW

Appeals Court Strikes Down Marriage Ban in Virginia, Ruling Will Also Affect Carolinas and West Virginia

Today the 4th Circuit Court of Appeals struck down Virginia’s ban on marriage for same-sex couples.

This is a historic step forward for equality in the South. Beyond Virginia, the ruling will also affect the other states covered by the 4th Circuit, including North Carolina, South Carolina, and West Virginia, which have similar bans in place. In West Virginia, the district judge considering the challenge to the state’s ban said last month that he would not proceed until the federal appeals court had ruled.

In the majority opinion, the judges noted that bigotry and fear cannot be the basis for the denial of equal rights under the law:

We recognize that same-sex marriage makes some people deeply uncomfortable. However, inertia and apprehension are not legitimate bases for denying same-sex couples due process and equal protection of the laws.

…The choice of whether and whom to marry is an intensely personal decision that alters the course of an individual's life. Denying same-sex couples this choice prohibits them from participating fully in our society, which is precisely the type of segregation that the Fourteenth Amendment cannot countenance.

For those who claim that marriage bans are legitimate because they were adopted by popular vote, the court quoted a Supreme Court case from 1964:

A citizen’s constitutional rights can hardly be infringed simply because a majority of the people choose that it be.

That one sentence perfectly encapsulates why courts matter.
 

PFAW Foundation

Judicial Vacancies Wreaking Havoc In U.S. Courts

Judicial vacancies slow down courts’ work, drive up litigation costs, cause evidence to go stale, make it harder to settle civil cases, and even pressure defendants into pleading guilty, according to a report released this week by the Brennan Center. The report cites example after example of how not having enough judges erodes our nation’s system of justice. Everyone counts on having their day in court, a fundamentally American principle that is threatened by persistent vacancies. The report quotes Chief Judge William Skretny of New York’s Western District:

We don’t neglect the Seventh Amendment, the right to a civil trial. But we tell people, if this is what you want to do, it will take time to get there.

Heavier caseloads and backlog created by vacancies also take a toll on judges, reducing the amount of time they have to spend on each case.

Chief Judge [Leonard] Davis in the Eastern District of Texas described the situation in his district as “simple math.” With more cases “you have less time to give to [an individual] case,” he explained. “It affects the quality of justice that’s being dispensed and the quantity of work you can complete,” he added.

[Judge Davis] also highlighted the impact of the Sherman vacancy on the timing of sentencing. “It’s a hardship for the litigants,” he explained. “Due to the backlog and [the] vacancy [in Sherman], we have a very high population of criminal defendants, about 200, sitting in county jails, having pled guilty and waiting for sentences. They can’t get their cases processed.” He noted that inmates are typically housed in a county jail because there are no federal facilities available, which is more costly for the government and leaves inmates with fewer work and educational opportunities. “That’s not fair to [the inmates] and adds a great deal of unnecessary cost by having to house them for so long in county jail holding facilities,” he said.

As the report makes clear, vacancies have real impacts for all citizens. This is why PFAW supports the speedy confirmation of qualified judicial nominees to federal courts. Filling judicial vacancies with quality judges will reduce backlogs and costs while allowing the judicial system to better serve all Americans. Maintaining the third branch is one of the most important constitutional functions that the Senate performs.

PFAW

Fourth Circuit Unanimously Upholds Obamacare Subsidies

Judge Davis's concurring opinion blasts the illogical premise and political nature of the anti-ACA lawsuit.
PFAW Foundation

D.C. Circuit Old Guard Strikes Down Key Obamacare Subsidies Provision

Today's ruling from two GOP-nominated DC Circuit judges exemplifies why the Senate GOP fought so hard to prevent President Obama from naming anyone to that court.
PFAW

Diversity Milestone for Obama's Judicial Nominees

President Obama reached a diversity milestone last week: 100 people of color nominated and confirmed to our federal circuit and district courts.
PFAW

Grassley's Hypocrisy Comes Out in the Ronnie White Debate

Grassley sharply criticized White for something that he was fine with when Samuel Alito did it.
PFAW

Senate Corrects a 15-Year Old Injustice and Confirms Ronnie White

The Senate did today what it should have done in the 1990s when Ronnie White was nominated by President Clinton.
PFAW

Tenth Circuit Protects Right to Marry

A federal appeals court rules that same-sex couples have a constitutional right to marry.
PFAW Foundation

2001 Recording Undercuts Georgia Judicial Nominee Mike Boggs' 2014 Testimony

A 2001 recording shows that legislators discussed the threat to abortion providers posed by legislation that Mike Boggs voted for.
PFAW

Marco Rubio Fails Florida, Doesn't Help Florida Judicial Nominees

Rubio lets his party delay the filling of four emergency judicial vacancies with consensus nominees who he recommended.
PFAW

Will Marco Rubio Let His Colleagues Delay Four Florida Judicial Nominees?

With a dire need to fill emergency vacancies in Florida, will Rubio ask the GOP not to delay a committee vote on four Florida judicial nominees?
PFAW

Senate Should Quickly Confirm Circuit Nominees, Like in 2006 Midterm Year

Circuit court nominees who had not even been nominated at this point in 2006 were nevertheless quickly confirmed before the midterm elections.
PFAW

So Many Vacancies, So Little Cooperation from GOP Senators

Judicial vacancies are remaining open and without nominees in states with Republican senators.
PFAW

Obama's Had a Lot More Judicial Vacancies to Fill than Bush Did

A statistic on parity in confirmations is misleading without additional information about vacancies and nominations.
PFAW

A Commendably Speedy Process for a Vermont Judicial Recommendation

Patrick Leahy has shown the country what an exemplary process for identifying potential district court judges looks like.
PFAW
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