The first time I was eligible to vote I would have cast an enthusiast vote for John F. Kennedy’s second term. In the intervening years between then and now I voted only once with full enthusiasm, for Barack Obama. My votes have largely been by default to Democratic candidates. But each time I voted I thought beyond who would occupy the White House. I knew I was also voting for lifelong federal judges who would be appointed by the president, not without bias.
It has never been more important than it is now for all enfranchised Americans to vote, and to understand what is at stake, including who will sit on the nation’s most important courts for the rest of their lives, rendering deeply important decisions that will affect us for generations.
One look at how many judges Donald Trump has put on U.S. benches - a quarter of all circuit court judges, 43 appeals court judges and 99 district court judges at this writing- should be enough to make every voter rush to the polls in November. Since becoming president, as of November 2019, Trump had nominated 227 people to federal judgeships; 165 of them were confirmed by the Republican Senate. Over 100 vacancies remain in the federal judiciary.
Another term will likely give the president the opportunity to seat one or more conservative judges on the Supreme Court.
The latest confirmation of a judge seated on a U.S. District Court (in Missouri) is Sarah Pitlyk, who clerked for Brett Kavanaugh and is known for building her career on her anti-abortion and reproductive health litigation. She argues against in vitro fertilization and surrogacy and has said that birth control is rooted in eugenics. The American Bar Association (ABA) unanimously declared that she, like several other Trump appointees, is “not qualified” for the judgeship. Like many other conservatives making their way to the courts, she is young (remember, these are lifetime appointments), deeply conservative, and notably inexperienced.
Others like her include several judges now sitting on U.S. Courts of Appeal, the courts of last resort for almost 100 percent of cases in their respective regions. The cases they hear involve capital punishment, abortion, same-sex marriage, immigration and more. They decide about 50,000 cases a year; the Supreme Court resolves 100. The decisions these judges render will affect millions of people for generations.
Judge Leonard Grasz is one of them. Profiled along with others by HuffPo in November, he was unanimously deemed “not qualified” by the ABA and is said to be rude and connected to powerful politicians. He opposes LGBTQ and abortion rights and has been described as having trouble separating his role as an advocate from that of a judge.
Another U.S. Appeals Court judge declared “unqualified” is Jonathan Kobes, who couldn’t manage to provide sufficient writing samples to meet ABA standards. He also failed to demonstrate “an especially high degree of legal scholarship and excellent analytical and writing experience,” the ABA review revealed.
Then there’s Judge Neomi Rao who sits on the U.S. Court of Appeals for the District of Columbia. She has blamed women for date rape and published inflammatory articles on sexual assault, race and LBGTQ rights. And Amy Coney Barrett, who thinks Roe v. Wade was “an erroneous decision” and that the Affordable Care Act’s birth control benefit is “an assault on religious liberty.” She’s on Trump’s short list for Supreme Court nominations.
There’s more, but let’s turn to the District Courts. Judge Matthew Kaesmaryk, who said it was a “grave mistake” to include protections for LGBTQ people in the Violence Against Women Act, and who criticized the Roe v. Wade decision, now sits on the bench overseeing the Northern District of Texas. In Louisiana Wendy Vitter, wife of former Senator David Vitter, has falsely claimed that abortion is linked to cancer, and that Planned Parenthood “kills over 150,000 babies a year.”
Judge Howard Nielson, Jr. of Utah has argued that a gay judge couldn’t possible be fair on a same-sex marriage case, and that sexual orientation is a choice. He also disputed evidence that LGBTQ discrimination leads to higher rates of depression and suicide.
A Tennessee judge, Mark Norris, has a record of Islamophobia, homophobia, and extreme anti-abortion views. He fought against the removal of monuments glorifying Confederate leaders and established a website showing images of refugees next to ISIS terrorists.
And in Oklahoma, Judge Patrick Wyrick tried to make emergency contraception harder to get for minors and adults. He also filed an amicus brief in the 2014 Hobby Lobby case, arguing that the ACA’s contraceptive coverage mandate was unconstitutional because “religious faith is more than mere belief.”
With very few exceptions, all of these judges, and others, have received unanimous Republican confirmation in the Senate.
When I was teaching Women’s Studies to undergraduates, many of whom were facing their first vote, I always underscored the importance of their vote with regard to the judiciary. I told them I’d be sitting on their shoulders when they went to the polls and I hoped they’d do the right thing. Now I find myself wanting to sit on the shoulder of every single person who hopefully votes. I hope with all my heart they too will do the right thing. So very much is riding on it.
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Elayne Clift writes about women, politics and social issues from Saxtons River, Vt.