Warren Urges Senate to Confirm Federal Judges Nonstop Until January 3

In a recent op-ed discussing “the strategy to counteract” the forthcoming Trump administration, U.S. Senator Elizabeth Warren on Thursday rallied disheartened supporters of Vice President Kamala Harris as the country braces for another term under the far-right MAGA leadership. Along with her encouragement, she also called on the Senate to act before President-elect Donald Trump is sworn in.

“With control over the Senate and the White House still in our hands, we must do everything possible to protect our democracy,” the Senator from Massachusetts penned in Time magazine. “It’s crucial that Senate Majority Leader Chuck Schumer utilizes every moment of the remaining legislative session this year to confirm federal judges and important regulatory figures—appointees who cannot be dismissed by the incoming president.”

According to a report by Law.com on Thursday, the Senate currently has four federal appeals court nominees awaiting votes on the Senate floor, a nominee for the United States Court of Appeals for the Fourth Circuit pending a Senate Judiciary Committee vote post-July confirmation hearing, and 23 district court nominees in need of floor or committee votes.

The lame-duck session of Congress kicks off on November 12 and lawmakers will depart for the holiday recess on December 20. The 119th U.S. Congress will commence on January 3, with the Republican Party assuming control of the upper chamber.

“Given the election results, we face a quickly diminishing opportunity to confirm competent, impartial judges who will safeguard our freedoms and act as crucial checks in enforcing our nation’s laws and the Constitution,” stated Maggie Buchanan, managing director of Demand Justice. “Even a single judge can have a significant impact. We must act without delay.”

“With more Trump-appointed judges likely, this should finally bring the urgency we’ve needed from the start.”

Law.com noted that Schumer (D-N.Y.) has initiated cloture on President Joe Biden’s nominations of Judge Jonathan Hawley and former assistant U.S. Attorney April Perry, both tapped for federal trial courts in Illinois. The Senate is expected to vote on these two nominees in the upcoming week.

“It has been our consistent position that the Senate should confirm all of President Biden’s nominees and fill every vacancy available, no matter the election’s outcome,” said Jake Faleschini, program director for Alliance for Justice. “With more Trump judges looming, this urgency should now be palpable.”

A spokesperson for Senator Dick Durbin (D-Ill.), who chairs the Senate Judiciary Committee, informed Law.com that Durbin is committed to confirming every possible nominee before this Congress concludes.

In her Time article, Warren mentioned that both the Harris campaign and the Biden administration have engaged working-class Americans with pro-labor initiatives and measures aimed at reducing costs and holding large corporations accountable. However, she recognized that “effective economic policies don’t mask the deep-seated truths about our nation.”

“Americans reject a political landscape dominated by parties that each deploy their own billionaire teams who then argue over how to split government spoils,” Warren wrote. “Vice President Harris deserves praise for her compelling campaign in these unique times. Yet, if Democrats hope to regain the trust of the working class and govern once more, we must show voters that we can and will fix the rigged economy.”

Before Trump assumes office again, she added, “to counter Trump’s threats to misuse state power against his so-called ‘enemy within,’ Pentagon leaders should now issue a directive reiterating that the military’s allegiance is to the Constitution.”

Looking forward to Trump’s second term, Warren urged her party to collectively oppose “Trump’s legislative agenda” as they did during the GOP’s attempt to repeal the Affordable Care Act in 2017.

“Democrats lacked the votes to stop the repeal,” the senator recalled. “Yet, we persisted. Patients continuously met with Congress, activists in wheelchairs staged civil disobedience, and legislators employed every method available—overnight speeches, forums featuring patient stories, committee reports, and procedural maneuvers—to highlight the GOP’s efforts to dismantle healthcare. This relentless opposition ultimately altered the political landscape of healthcare reform. The final vote was close, but the Republicans were defeated, and the ACA remained intact.”

“Trump may have won the election, but over 67 million people voted for Democrats, and they do not expect us to simply give up,” Warren asserted. “We will witness a peaceful transition of power, followed by a robust challenge from the opposition, because that is how democracy functions.”