Lame-Duck Democrats Go To Extremes To Confirm Radical Judicial Nominees, Shunning Crucial Senate Business

Senate Democrats Are ‘Hell-Bent’ On Using The Senate’s Meager Remaining Floor Time To Confirm More Of President Biden’s Radical Judicial Nominees

Democrat Leaders Keep Saying They’ll Spend ‘The Rest Of This Year Focused On Confirming’ Judicial Nominees

“Senate Majority Leader Chuck Schumer (D-N.Y.) told colleagues on the Senate floor Monday that the Democratic majority ‘will keep working to confirm as many of President Biden’s judicial nominees as we can before the end of the year.’” (“Democrats Look At Late-Night, Weekend Votes To Confirm Last Biden Judicial Nominees,” The Hill, 11/18/2024)

·       “Senator Chuck Schumer, the New York Democrat and majority leader who has prioritized judicial confirmations, on Friday indicated a willingness to devote significant Senate floor time to seating more judges in the post-election session…” (“After G.O.P. Wins, Senate Democrats Eye Major Push to Confirm Biden Judges,” The New York Times, 11/08/2024)

SENATE MAJORITY LEADER CHUCK SCHUMER (D-NY): “[W]e’re not done. There are more judges to consider and confirm. We’re going to spend the rest of this week and the rest of this year focused on confirming them.” (Sen. Schumer, Remarks, 11/19/2024)

·       “‘We are going to get as many done as we can,’ Mr. Schumer said in a statement.” (“After G.O.P. Wins, Senate Democrats Eye Major Push to Confirm Biden Judges,” The New York Times, 11/08/2024)

“The Senate approved two of Biden’s judicial nominees after returning to Capitol Hill [last] week, with Judiciary Committee Chairman Dick Durbin (D-Illinois) saying lawmakers will confirm ‘every possible federal judge during the lame-duck session.’ ‘There is no time to waste. The Senate must confirm every one of these highly qualified, diverse nominees before the sun sets on the 118^th Congress. The American people deserve nothing less,’ Durbin said during a speech on the Senate floor on [November 13^th].” (“Trump’s Victory, GOP Senate Win Have Democrats Racing To Confirm Judges,” The Washington Post, 11/13/2024)

Far-Left Democrats And Extreme Special Interest Groups Are Pushing Schumer To Focus The Senate On Radical Judicial Nominees

“Schumer is under pressure from progressives to confirm as many judicial nominees as possible before Democrats lose their Senate majority.” (Punchbowl AM, 11/19/2024)

·        “Maggie Jo Buchanan, the managing director of Demand Justice, which advocates for progressive judicial nominations, told CNN that the emphasis is on lower court judges, as she called on Democratic Senate leadership to work through the remaining weekends if need be. ‘We are firmly focused on the nominees that we know and pushing the Senate to do whatever is possible to get them off the finish line,’ Buchanan said.” (“Democrats Will Face Headwinds In Final Push To Confirm Biden Judges,” CNN, 11/11/2024)

“Leading progressive Sen. Elizabeth Warren (D-Mass.) urged Schumer in a Time magazine op-ed to ‘use every minute of the end-of-the year legislative session to confirm federal judges and key regulators — none of whom can be removed by the next president.’” (“Democrats Look At Late-Night, Weekend Votes To Confirm Last Biden Judicial Nominees,” The Hill, 11/18/2024)

“Sen. Peter Welch (D-Vermont), a member of the Judiciary Committee, said: ‘The clock is ticking and we’re going to be hell-bent on getting as many judges confirmed as we can.’” (“Trump’s Victory, GOP Senate Win Have Democrats Racing To Confirm Judges,” The Washington Post, 11/13/2024)

Schumer Kept Senators Voting Until Midnight On Monday In A Rush To File Cloture On Judicial Nominees

“[O]n Monday night, when Republicans learned that Schumer would be filing cloture on several nominees, they tried to make it painful. Instead of allowing Schumer to schedule nomination votes via unanimous consent, Republicans objected and forced roll-call votes on each maneuver. So a process that usually takes a few minutes ended up lasting more than five hours, with senators casting votes until around midnight.” (Punchbowl AM, 11/19/2024)

“The additional cloture filings by Schumer come as Democrats are focusing their efforts on confirming as many judges nominated by President Biden as they can in the time they have left in the majority.” (“Senate GOP Initiates Thune-Engineered Slow Down As Schumer Looks To Stack Judicial Votes,” Fox News, 11/18/2024)

And Democrats Are So ‘Hell-Bent On Getting As Many Judges Confirmed’ They Keep Threatening More Late Night And Weekend Work

“That means Senate votes stretching late into the night and possibly working over weekends and even during the Christmas recess in late December.” (“Democrats Look At Late-Night, Weekend Votes To Confirm Last Biden Judicial Nominees,” The Hill, 11/18/2024)

“Senate Judiciary Committee Chair Dick Durbin (D-Ill.) told reporters that holding votes over the weekend and even during parts of the Thanksgiving and Christmas breaks is a possibility. ‘I wouldn’t rule those out and Schumer has not ruled them out either,’ Durbin said.” (“Democrats Look At Late-Night, Weekend Votes To Confirm Last Biden Judicial Nominees,” The Hill, 11/18/2024)

SCHUMER: “Members should be prepared for another late night on Wednesday to vote on the nominations I filed on last night.” (Sen. Schumer, Remarks, 11/19/2024)

Democrats’ Desperation To Confirm More Biden Judges Resulted In The Senate’s Utter Failure To Address The Chamber’s Most Basic Legislative Duties This Year

“Congress has been stuck in neutral for months, doing little of substance.” (Punchbowl News AM, 9/13/2024)

Despite The Senate Armed Service Committee Passing Its NDAA Proposal In JUNE, Schumer Has Left The Must-Pass Bill ‘In Limbo’ For Months

“Senate Armed Services approved its NDAA in June, but Majority Leader Chuck Schumer has not brought the measure to the floor despite pressure from Republicans.” (“Senior HASC Republican Predicts Informal NDAA Talks With Senate Bill In Limbo,” Politico Pro, 9/04/2024)

·       “The Senate still hasn't debated its version of the Pentagon policy bill after the House passed its own bill in June.” (“Senior HASC Republican Predicts Informal NDAA Talks With Senate Bill In Limbo,” Politico Pro, 9/04/2024)

SENATE ARMED SERVICES COMMITTEE RANKING MEMBER ROGER WICKER (R-MS): “[W]hile all of that is going on, our leadership – the distinguished majority leader from New York – has not let us bring the appropriation bill to the floor, [he] has not let us bring the authorization bill, which we must pass. We must pass both of these bills every year, the two essential bills that cannot go without being taken care of every fiscal year…. I point the finger to the one person on the face of the Earth that can actually bring a bill to the floor, and that's the majority leader.” (Sen. Wicker, Remarks, 9/18/2024)

·       SEN. WICKER: “Senator Reed, the Chairman of the Armed Services Committee, and I have been putting together a manager's package for this year's [NDAA]. It would have been much better had we brought the bill to the floor and had 100 amendments winnowed down and worked back and forth together, as we should be doing … but we have not been able to do that…. I mean, what else are we doing? Look at us.” (Sen. Wicker, Remarks, 9/18/2024)

Not A Single Appropriations Bill Has Come To The Senate Floor, Despite The Appropriations Committee Approving 11 Of Them

“The Senate Appropriations Committee sent 11 out of 12 spending bills to the floor, where none of them have had votes.” (“Congress Funds The Government But Faces Another Shutdown Threat Before Christmas,” NBC News, 9/26/2024)

·       “The big complaint we hear from GOP senators is that Senate Majority Leader Chuck Schumer isn’t prioritizing appropriations bills for floor time.” (Punchbowl News AM, 7/31/2024)

“‘What Leader Schumer should have done is brought the appropriations bills to the floor. That way, some of them would have already been signed into law or would have been headed to the president's desk,’ said Sen. Susan Collins, R-Maine, the top GOP appropriator in the upper chamber, referring to Senate Majority Leader Chuck Schumer, D-N.Y.” (“Congress Funds The Government But Faces Another Shutdown Threat Before Christmas,” NBC News, 9/26/2024)

The Democrat Chair Of The Senate Agriculture Committee Waited Until A Month Before The Current Farm Bill Extension Expires To Even Produce A Piece Of Legislation, Let Alone Push For Floor Time

“The Senate Agriculture Committee on Monday released its long-awaited farm bill draft text with a little more than a month before funding for many farm programs dries up on Dec. 31.” (“Senate Farm Bill Differs From House On CCC, Food Stamp Benefits,” Roll Call, 11/18/2024)

·        “Republicans in the House passed their own farm bill out of committee with a bipartisan vote in May. Just before that, Stabenow released her own farm bill framework as she pressed House Democrats to reject the GOP plans. Until now, however, she has not released the text of her own bill.” (“Stabenow To Release Farm Bill Text,” E&E Daily, 11/18/2024)

SENATE AGRICULTURE COMMITTEE RANKING MEMBER JOHN BOOZMAN (R-AR): “An 11th hour partisan proposal released 415 days after the expiration of the current farm bill is insulting. America’s farmers deserve better.” (Senate Agriculture Committee Republicans, @SenateAgGOP, Twitter, 11/18/2024)

SEN. CHUCK GRASSLEY (R-IA), Senate Agriculture Committee Member: “It’s a sad commentary Senate Democrats kept farmers waiting two years before releasing Farm Bill text. The Farm Bill must be worked out in a bipartisan way and negotiated in committee, according to the Senate’s regular order. It’s obvious there isn’t enough time to do that before the year is up.” (“Senate Democrats Release Farm Bill Proposal As End Of Year Approaches,” KCRG-TV, 11/18/2024)

The Records Of Just Three Of The Radical Judicial Nominees Democrats Kept The Senate In Until Midnight To Push Forward Show Why None Of Them Should Be Confirmed For Lifetime Appointments To The Federal Bench

Judge Mustafa Kasubhai Has A History Of Making Radical Ideological Pronouncements That Call Into Question His Ability To Rule Impartially

LEADER McCONNELL: “Judge Kasubhai’s record and judicial philosophy put him well outside the mainstream. The nominee has bragged about his lack of commitment to standard jurisprudential practices. During his time as a magistrate judge, he said, ‘We have to set aside conventional ideas of proof when we are dealing with the interpersonal work of equity, diversity and inclusion.’ … Unfortunately, this only scratches the surface. Judge Kasubhai also sounds like a committed Marxist. He’s authored an article promoting the integration of Marxist theory into property law, and claimed that the notion of scarcity of natural resources was a myth promoted by a privileged elite. He’s heaped high praise on the disgraced racist prophet known for insisting that, ‘the only remedy to past discrimination is present discrimination. The only remedy to present discrimination is future discrimination.’” (Sen. McConnell, Remarks, 6/17/2024)

While serving as a Magistrate Judge, Judge Kasubhai publicly praised radical author Ibram X. Kendi as “an amazing historian and author” during a 2020 speech. (U.S. Senate Judiciary Committee, Judge Kasubhai Questions for the Record, 10/2023)

·        IBRAM X. KENDI: “The only remedy to racist discrimination is antiracist discrimination. The only remedy to past discrimination is present discrimination. The only remedy to present discrimination is future discrimination.” (“Ibram X. Kendi Defines What It Means To Be An Antiracist,” Penguin Books UK Website, 6/09/2020)

·       “‘Capitalism is essentially racist; racism is essentially capitalist,’ [Kendi] writes.” (The New York Times Magazine, 7/15/2020)

JUDGE KASUBHAI: “More specifically to the point of racism in our legal profession (and in Oregon), it quickly became apparent to me that we must meet the challenge of becoming comfortable with being uncomfortable about talking about race. Oregon is pre-dominantly a white state because of past practices and official policies that excluded Black, Indigenous and other people of color. That fact leaves very little opportunity for white Oregonians to confront their own racism face to face with people of color in real time. I have met many legal professionals who purportedly hold the ideals of diversity and equity close to their hearts, but who also become very defensive when talking about racism. The truth is, white privilege in Oregon insulates so many in our state from ever having to deal with the issue. Some lawyers and judges have told me over the years that they just don’t see racism in Oregon, and when examples and experiences are shared, they still won’t believe it. This kind of denial makes real conversations nearly impossible and allows racism to go unchecked.” (Sarah Malik and Hon. Mustafa T. Kasubhai, “Is There A Place For Us? On Being A Muslim American In Oregon’s Legal Community,” Oregon State Bar Bulletin, February/March 2021)

JUDGE KASUBHAI: “[B]oth our profession and specifically the courts need to acknowledge the significant impact of unconscious bias in litigation and our decision-making. Jury instructions admonish jurors from employing bias in their deliberations; these instructions have generally referred to explicit biases. But there is a large body of research on the existence and impact of unconscious bias relating to race, sex, gender and gender identity, sexual orientation, ability, socio-economic status and body type that drive decisions. This research should be applied to educating jurors, attorneys and judges on the effects of unconscious bias in decision-making…. If we describe and validate the phenomenon of unconscious bias, then we can then bring this bias to the surface of our awareness.” (Sarah Malik and Hon. Mustafa T. Kasubhai, “Is There A Place For Us? On Being A Muslim American In Oregon’s Legal Community,” Oregon State Bar Bulletin, February/March 2021)

JUDGE KASUBHAI: “The next step is to help lawyers and judges learn how to be comfortable with the uncomfortable task of talking about this kind of bias with jurors in voir dire. Unconscious bias work in the courtroom will also help our profession improve equity, diversity and inclusion in our ranks.” (Sarah Malik and Hon. Mustafa T. Kasubhai, “Is There A Place For Us? On Being A Muslim American In Oregon’s Legal Community,” Oregon State Bar Bulletin, February/March 2021)

JUDGE KASUBHAI: “We have to set aside conventional ideas of proof when we are dealing with the personal and interpersonal work of equity, diversity and inclusion.” (Sarah Malik and Hon. Mustafa T. Kasubhai, “Is There A Place For Us? On Being A Muslim American In Oregon’s Legal Community,” Oregon State Bar Bulletin, February/March 2021)

Sparkle Sooknanan Was On The Board Of An Organization That Issued Anti-Police Statements In 2020, Vehemently Opposing Police Officers In Schools, And Misled The Senate Judiciary Committee About Her Work On Behalf Of Hedge Funds Collecting Debt From The Financially Strapped Government Of Puerto Rico

Sparkle Sooknanan was a Board Member of the Washington Lawyers Committee for Civil Rights and Urban Affairs from 2020 to 2021, when the group issued statements declaring that the presence of police officers in schools “furthers the school-to-prison pipeline,” funding for officers in schools is “unacceptable at any time” and that “[t]he very institution of policing is incompatible with the nurturing environment our students need”. (United States Senate Committee On The Judiciary Questionnaire For Sparkle Sooknanan, Accessed 11/19/2024)

WASHINGTON LAWYERS’ COMMITTEE FOR CIVIL RIGHTS & URBAN AFFAIRS: “School Police Disproportionately Harm Black & Latinx Students, and Students with Disabilities: The presence of police furthers the school-to-prison pipeline, and, when police are in our schools, Black students are more likely to be arrested. … And, we know that higher discipline rates for Black youth are not due to higher rates of misbehavior. Rather, Black students are more likely to be arrested because they are more likely to encounter police and because those police view their normal, adolescent behavior as more criminal than the same behavior in white students. Misconduct on school grounds is far more likely to be referred to police if an officer is on site, so adolescent misbehavior that should be addressed as a school disciplinary matter is increasingly becoming a function of law enforcement. The harms to Black and Latinx students, and students with disabilities, transcend the data: we also know that students of color feel less safe in schools where they regularly face the risk of arrest and police violence. Young people should not have to fear being assaulted, arrested, or killed by a police officer, every single time they show up to school to learn. … The very institution of policing is incompatible with the nurturing environment our students need to thrive.” (Washington Lawyers’ Committee For Civil Rights And Urban Affairs, 7/15/2020 Meeting)

·       “The Washington Lawyers’ Committee for Civil Rights & Urban Affairs enthusiastically supports the D.C. State Board of Education’s State Board of Education of Resolution SR20-10, To Recognize the Importance of Removing All Police From D.C. Public and Charter Schools.  We encourage passage of this resolution – and subsequent action by the District’s education agencies – to remove police from our school for the following three key reasons: 1. School police disproportionately harm Black & Latinx students, and students with disabilities. 2. School police don’t create real school safety. 3. School police are expensive and an inefficient use of limited resources.  This current moment, in particular, highlights why we need police free schools.” (Washington Lawyers’ Committee For Civil Rights And Urban Affairs, 7/15/2020 Meeting)

·       “We have collectively been surviving a global pandemic that has devastated communities of color and communities in poverty. And, we have collectively witnessed extreme police brutality against demonstrators (ironically) calling for an end to racialized police violence.  The same police department attacking people in ‘Black Lives Matter’ plaza will be stationed at the schoolhouse door.” (Washington Lawyers’ Committee For Civil Rights And Urban Affairs, 7/15/2020 Meeting)

·       “DC students will be better served if we strengthen our mental health infrastructure and ensure our young people have increased access to mental health professionals to address the trauma caused by COVID-19, police violence, and racism.  Yet, Mayor Bowser is proposing (and the DC Council is set to approve) adding $2.5 million dollars to MPD’s School Safety Division. This is unacceptable at any time, but especially when our schools are facing a dramatic need for investment in infrastructure, technology, mental health counselors, and protective equipment to ensure they can open safely.” (Washington Lawyers’ Committee For Civil Rights And Urban Affairs, 7/15/2020 Meeting)

LEADER McCONNELL: “As we reconvened this week, the Democratic Leader announced that the Senate would, in his words, ‘continue confirming the Biden-Harris administration’s well-qualified judges and nominees’. Nearly all the way through the Administration’s term, our colleagues would be right to wonder just what he means by ‘well-qualified’…. it may be worth taking the term ‘well-qualified’ with a grain of salt. Even more so when you consider who’s in the Administration’s pipeline of upcoming nominees. There are, of course, the ones about which the Senate has learned alarming and disqualifying details since we began our consideration, like: … Sparkle Sooknanan, who couldn’t seem to give our colleagues on the Committee a straight answer about the nature of her involvement in advocacy for hedge funds’ right to collect on Puerto Rican debts…” (Sen. McConnell, Remarks, 9/10/2024)

“A woman nominated for a federal judgeship by President Biden last week served as a top counsel on behalf of Puerto Rican bondholders who sought to maximize recovery of money during the island’s debt crisis. Her work inspired other investors to file their own cases seeking money from the struggling territory.” (“Biden Judge Nominee Worked for Vulture Funds Holding Puerto Rican Debt,” The American Prospect, 2/28/2024)

·       “Reviews of legal filings show that Sparkle Sooknanan, currently a deputy in the Justice Department Civil Rights Division, was lead counsel for a series of hedge funds while working at Jones Day, the large global law firm. These hedge funds included Altair Global Credit, Claren Road Asset Management, Glendon Capital Management, Nokota Capital, Oaktree Capital Management, Ocher Rose LLC, and Centerbridge Partners. The nomination of a lawyer who literally worked for hedge fund managers trying to squeeze money from an impoverished U.S. colony shows how the Biden administration’s expressed desires to diversify the federal bench in terms of identity and life experience do not always move the needle in terms of pulling away from the influence of BigLaw and big money.” (“Biden Judge Nominee Worked for Vulture Funds Holding Puerto Rican Debt,” The American Prospect, 2/28/2024)

·       REP. NYDIA VELAZQUEZ (D-NY): “As a lawyer, Sparkle Sooknanan worked for multiple hedge funds that were squeezing money from Puerto Rico during its' debt crisis. Her nomination to the D.C. District Court is an insult to the people of Puerto Rico.” (Rep. Velazquez, @NydiaVelazquez, Twitter, 3/20/2024)

“Sparkle Sooknanan, the Biden nominee for a federal judgeship in the District of Columbia who previously worked for hedge funds attempting to extract payments on Puerto Rican debt, is facing questions about whether she was untruthful to Congress about her role in those cases.” (“Biden Nominee Asked About Discrepancies in Testimony,” The American Prospect, 4/05/2024)

·       “Under questioning by Sen. Josh Hawley (R-MO) at her confirmation hearing, Sooknanan was asked about one particular case, which argued that hedge funds should be exempted from a bankruptcy-like stay on debt payments from Puerto Rico because it would be an unconstitutional taking. Sooknanan tried to downplay her participation. ‘Jones Day was retained in that case to represent a group of clients. Along with my colleagues, I made the best possible arguments,’ she said.” (“Biden Nominee Asked About Discrepancies in Testimony,” The American Prospect, 4/05/2024)

SEN. JOSH HAWLEY (R-MO): “Are you saying it wasn't voluntary? You represented them, right? You were lead counsel, I thought. Were you lead counsel?”
SPARKLE SOOKNANAN: “Senator, I was not lead counsel. I was one of many lawyers who handled that litigation.” (U.S. Senate Committee On The Judiciary Hearing, 3/20/2024)

·       “Jones Day, the law firm where Sooknanan was a partner, differed from this interpretation at the time. In a 2020 press release, the firm praised Sooknanan, who was named a ‘rising star’ by The National Law Journal, by saying: ‘One of her significant representations was leading the team representing a group of investors in bonds issued by Puerto Rico’s pension system.’” (“Biden Nominee Asked About Discrepancies in Testimony,” The American Prospect, 4/05/2024)

·       SOOKNANAN’S JUDICAL NOMINEE QUESTIONAIRE: “From 2017 to 2019, I led our team through proceedings before the district court, First Circuit, and United States Supreme Court related to the perfection of our clients’ security interests in bonds issued by Puerto Rico's pension system.” (United States Senate Committee On The Judiciary Questionnaire For Sparkle Sooknanan, Accessed 11/19/2024)

Brian Murphy Served On The Board Of An Association That Advocated For Soft Prison Sentences, Eliminating Arrests For ‘Possessory Offenses, Assault And Battery, Breaking And Entering, And Similar Offenses,’ And Supported A Bail Fund That Paid To Release A Registered Sex Offender Awaiting Trial For Raping A Woman In A McDonald’s Bathroom

“Murphy, President Joe Biden’s pick to serve on the U.S. District Court for Massachusetts, served until this year on the board of directors of the Massachusetts Association of Criminal Defense Lawyers, the ‘pre-eminent association’ of criminal defense lawyers in the commonwealth.” (“Yet Another Biden Judicial Pick Has Ties to a Left-Wing, Anti-Cop Group,” Washington Free Beacon, 4/17/2024)

·       “The organization, of which Murphy served as treasurer until last year, offers the kind of legal advocacy expected from a group of criminal defense lawyers. But it has also proposed radical measures to address what it says is ‘structural racism’ rooted in the criminal justice system. During Murphy’s tenure, the association called on judges to factor ‘how structural racism has impacted the defendant’s life’ before issuing prison sentences.” (“Yet Another Biden Judicial Pick Has Ties to a Left-Wing, Anti-Cop Group,” Washington Free Beacon, 4/17/2024)

·       “Judges should embrace a ‘presumption of release’ when making bail decisions due to ‘concerns about institutional racism,’ the group asserted in May 2020.” (“Yet Another Biden Judicial Pick Has Ties to a Left-Wing, Anti-Cop Group,” Washington Free Beacon, 4/17/2024)

MURPHY-SIGNED LETTER FROM MASSACHUSETTS ASSOCIATION OF CRIMINAL DEFENSE LAWYERS: “We can dismantle structural racism today. Consider how the following could bend the arc of the moral universe toward justice: Establish A Presumption for Summonses for Most Crimes. The headlines are flooded with violence by police officers against Black citizens at the time of arrest — a flashpoint that could be wholly avoided by changing the rules to require court summonses for all misdemeanors and non-violent offenses. This would not only eliminate arrests for all alleged minor infractions such as using a counterfeit $20 bill to buy cigarettes, as happened to George Floyd, but also for fraught and unnecessary police encounters involving possessory offenses, assault and battery, breaking and entering, and similar offenses.” (Massachusetts Association Of Criminal Defense Lawyers, 6/15/2024)

“The association in August 2020 issued a strong endorsement of the Massachusetts Bail Fund after the fund came under fire for paying the $15,000 bail for Shawn McClinton, who was in jail awaiting trial on charges of raping a woman in a McDonald’s bathroom in 2018. McClinton was already a registered sex offender stemming from his conviction for a rape in 2007.” (“Yet Another Biden Judicial Pick Has Ties to a Left-Wing, Anti-Cop Group,” Washington Free Beacon, 4/17/2024)

·       “After the outcry, the Massachusetts Association of Criminal Defense Lawyers said it ‘stand[s] behind’ the bail fund and its ‘life-saving work.’ It touted the bail fund’s slogan of ‘Free Them All,’ a call to release all inmates held on bail.” (“Yet Another Biden Judicial Pick Has Ties to a Left-Wing, Anti-Cop Group,” Washington Free Beacon, 4/17/2024)