"Retreating in advance is a dangerous precedent to set," Russ Feingold

“Categorically unacceptable”: Advocates say Dems letting Trump appoint "radical 
extremist" judges

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“Categorically unacceptable”: Advocates say Dems letting Trump appoint "...

"Retreating in advance is a dangerous precedent to set," former Sen. Russ 
Feingold told Salon.
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Legal advocacy groups on Friday accused Sen. Chuck Schumer, D-N.Y., of 
preemptively surrendering to Republicans with the deal he cut late Thursday 
night, which would forfeit four Democratic circuit court nominees in order to 
prioritize 13 district court nominees, further ceding appellate court 
appointments to Republicans. 
According to the Associated Press, the deal outlines a plan for the Senate to 
vote to confirm 13 more district court judges before the upper chamber adjourns 
in December. If the Senate votes to confirm all of these nominees, President 
Joe Biden will have successfully appointed 234 judges to federal courts — the 
same number of judges that President-elect Donald Trump appointed in his first 
term.
As part of the deal, Republicans have agreed to the schedule. Previously, they 
were forcing procedural votes in order to slow down the confirmation process.
The issue with the deal, however, is that all of the judges will be district 
court judges rather than circuit court judges, meaning that Republicans will 
likely get to appoint the replacements for the four pending vacancies on the 
circuit court level, potentially giving Republicans even more control over the 
federal judiciary on the appellate level.

News of the deal was met with immediate criticism from groups like the American 
Constitution Society and its president, former Sen. Russ Feingold, D-Wis., who 
told Salon that “it is extremely frustrating to hear the reported deal on 
circuit court nominees.”

“The White House has nominated extremely qualified individuals for these seats 
and the Senate needs to do its job and hold votes on all of these nominees,” 
Feingold said. “All public officials need to be prepared to fight against the 
extremism that will come when Trump returns to office and retreating in advance 
is a dangerous precedent to set.”

There are currently four circuit court nominees awaiting a floor vote in the 
Senate: Adeel Abdullah Mangi, who was nominated for the Third Circuit; Karla M. 
Campbell, who was nominated for the Sixth Circuit; Julia M. Lipez, who was 
nominated for the First Circuit; and Ryan Young Park, who was nominated for the 
Fourth Circuit.
According to Feingold, the deal “paves the way for the incoming administration 
to install more conservative extremist judges on powerful courts of appeal, 
which in the past eight years have ruled again and again against the rights of 
Americans on issues ranging from reproductive freedom to voting rights. All of 
these lifetime appointments will affect our rights for generations to come.”

Maggie Jo Buchanan, the managing director of the liberal advocacy group Demand 
Justice, called the deal “categorically unacceptable.”

“These are critical seats that have real impacts on everyday Americans–we 
cannot allow Trump to fill them with radical extremists,” Buchanan said. “If 
Democratic Senators are already rolling over this easily while they still have 
power, we are in for trouble when Trump actually assumes office. We need 
leadership that’s up for a fight–and that starts now.”



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