Fair and Just Courts

A 19th Century Constitution for a 21st Century America

Two far-right justices, Antonin Scalia and Clarence Thomas, have led the destructive revival of a once-discredited “states’ rights” approach to the Constitution. A series of 5-4 decisions have embraced new theories advanced by right-wing legal advocates affiliated with the Federalist Society, weakening federal civil rights protections and declaring other urgent issues off limits to action by the U.S. Congress.

Going Nuclear

The White House, its right-wing allies, and some Senate Republicans are waging a pre-emptive war designed to eliminate one important tool at the disposal of senators concerned about extremist Supreme Court nominees – the Senate filibuster.

Bush Statement on Judges Demonstrates "Orwellian Doublespeak"

Regrettably, President Bush’s statement on judges was a demonstration of Orwellian doublespeak. First, he claims that there is a judicial vacancy crisis when vacancies are actually at their lowest rate in 13 years. Second, he claims that the Senate has been obstructionist when it has confirmed more than 120 judges since July of 2001 and has only filibustered two.

Carolyn Kuhl Nomination Narrowly Sent to Senate Floor

Judiciary Committee Democrats United in Opposing Right-Wing Ideologue
for U.S. Court of Appeals – Tough Floor Fight Expected

Executive Summary: Kuhl Post-Hearing Report

The April 1, 2003 hearing on Carolyn Kuhl’s nomination to the United States Court of Appeals for the Ninth Circuit not only failed to dispel the serious concerns that had been raised about her record, but in fact reinforced them. This is true with respect to each of the three fundamental areas of concern about Kuhl’s record: women’s rights and reproductive freedom; other civil rights issues; and access to justice. Combined with the concerns previously raised by Kuhl’s record, it is clear that her confirmation should be rejected.

Kuhl's Hearing Strengthened Case Against Confirmation

Federal appeals court nominee Carolyn Kuhl, passed out of the Judiciary Committee on May 8, along party lines, has never resolved serious concerns about her record and legal philosophy. In addition, a new People For the American Way report shows that Kuhl gave inaccurate and misleading answers to senators' questions at her confirmation hearing.

Public Wins! Senate Filibusters Owen

PFAW applauds the Senators who stopped the Bush administration's attempt to force right-wing judicial activist Priscilla Owen onto the federal appeals court. PFAW activists and members had urged Senators to take a stand to deny the Texas Supreme Court Justice a powerful lifetime job on the appeals court.

Senate Approves Extremist Bush Nominee Jeffrey Sutton for Lifetime Seat on Powerful Appeals Court

The U.S. Senate has confirmed states’ rights extremist Jeffrey Sutton to a lifetime seat on the U.S. Court of Appeals for the Sixth Circuit. This nomination was confirmed despite the valiant efforts of Sen. Tom Harkin and a number of other senators, and in spite of intense opposition to the nominee from advocates for people with disabilities and public interest groups concerned about Sutton’s impact on civil rights enforcement, environmental protection, and a range of other issues affecting Americans’ daily lives.

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