American Constitution Society Profile picture
Sep 15, 2020 6 tweets 3 min read Read on X
One stunning trend in this administration’s federal judicial nominees is the lack of diversity. Of the 208 Art. III judges confirmed under President Trump, only 3.37% are Black. acslaw.org/judicial-nomin… (1/6)
Only 38 active Article III judges are Black women, which is only 4.3% of all active Art. III judges. However, during this administration only 1 of the 208 confirmed nominees has been a Black woman, a mere 0.48% (2/6)
As ACS’s groundbreaking Gavel Gap study found, the problem is just as bad with state courts. People of color are 40% of the population, but less than 20% of state court judges. gavelgap.org (3/6)
As @nancyleong recently pointed out, 23 state supreme courts are all white. Of those 23 courts, 12 are in states where the population of the state as a whole is over 20% people of color. brennancenter.org/our-work/resea… (4/6)
This whole thread from @nancyleong on this subject is well worth a read. (5/6)
It’s time to close the #GavelGap. Judges should reflect the diversity of the communities they serve. (6/6)

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More from @acslaw

Dec 23, 2020
ICYMI: “A More Perfect Union: The Future of Labor Law in a Post-COVID Economy” took place yesterday (1/7)
We need labor law reform. We need sector-wide solutions to address the multiple crises of the environment, the healthcare system, the economic crisis, said Nicole Berner of @SEIU (2/7)
Labor law has become an obstacle for workers to come together and countervail the power of corporations, said @sharblock (3/7)
Read 7 tweets
Nov 12, 2020
In a new blog post on our expert forum, @MyConstitution’s David Gans explores California v. Texas, the latest attempt in the long-running effort by conservatives to strike down the entire Affordable Care Act bit.ly/3klf20x (1/5)
“Both Chief Justice Roberts and Justice Brett Kavanaugh—who together with the Court’s three more liberal Justices could form a majority—repeatedly stated that it would be inappropriate to strike down the statute as a whole.” (2/5)
Gans argues that while the Roberts Court is deeply conservative, for now it seems unwilling to upend settled legal principles to strike down the ACA. (3/5)
Read 5 tweets
Oct 27, 2020
ACS President @russfeingold released this statement in response to the Senate’s vote tonight to confirm Judge Amy Coney Barrett to #SCOTUS acslaw.org/press_release/… (1/12)
Today, the majority of the US Senate has engaged in an unprecedented power grab (2/12)
The Right has delegitimized and damaged #SCOTUS, the very body it desperately seeks to control and use as an instrument of reactionary power (3/12)
Read 12 tweets
Oct 26, 2020
From our first issue brief by Kristina Silja Bennard back in 2005 (!) on the confirmation hearings of #RBG and answering questions while maintaining judicial impartiality (1/21)
Read the entire ACS issue brief here acslaw.org/wp-content/upl… (2/21)
Bennard: The hearings for #RBG in 1993 provide a good example of how a nominee balances her obligation of impartiality with the need to shed light on her fundamental views (3/21)
Read 21 tweets
Oct 24, 2020
.@espinsegall in the ACS Expert Forum Blog: Judge Amy Coney Barrett stated during her confirmation hearings that she's an originalist, which is meaningless as it relates to interpretation, but suggests that she'll consistently cast conservative votes acslaw.org/expertforum/ju… (1/9)
There are conservative, moderate and liberal judges, but there are no originalist judges, Professor Segall argues (2/9)
In the 1970s and 80s, originalists like Robert Bork were opposed to judges overturning state & federal law absent a clear inconsistency with constitutional text (3/9)
Read 9 tweets
Oct 12, 2020
ACS President @russfeingold released this statement as the Senate begins hearings for #SCOTUS nominee Amy Coney Barrett (1/8):
The illegitimate plan to seat another extremely conservative #SCOTUS justice will allow the Right to achieve their ultimate goal: locking down a supermajority that could last for a generation (2/8)
By doing so, the Right will effectively steal the future of the younger generation – and generations to come. This generation will not be able to forge its own way or make manifest the promises in our Constitution (3/8)
Read 8 tweets

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