Senate Judiciary Committee Update

The vacant chair is filled. Sen. Darline Graham (R-SC), sister of the late Sen. Lindsey Graham, who was appointed to fill her brother’s remaining term, was approved by the Senate to fill several of the committee assignments left vacant by her brother’s death. Her first appearance on the committee came at the July 23 mark up where Chairman Chuck Grassley (R-IA) presided over a largely empty bench due to conflicting committee meetings that kept senators from both sides away. 

In an unusual move, Sen. Grassley along with Ranking Member Sen. Dick Durbin (D-IL) decided to vote on the pending nominees in a private, off-the-Senate-floor meeting where the following nominees were voted out of committee on a party-line vote: Judge Daniel Domenico to the Tenth Circuit Court of Appeals and Judge Matthew Byrne to the District Court for the Southern District of Ohio. 

Why the rush? They want to clear the deck so that they can hold a committee vote on the confirmation of Todd Blanche as Attorney General on July 30 (and August recess is fast approaching!). 

A hearing is scheduled for August 5 for Judge Anna St. John to the Fifth Circuit Court and Judge Gregory Cook for the District Court for the Northern District of Alabama.

Register for SCOTUS 2026 Review with CLE Credit from ACS July 29

Join the American Constitution Society Chicago Lawyer Chapter, the ACLU of Illinois, and Mayer Brown on Wednesday, July 29th at 12:00 PM CT for their annual Supreme Court Review. The event will be held in-person at Mayer Brown (71 S Wacker Drive, Chicago) and streamed virtually.

They will review the U.S. Supreme Court Term and several cases, including on voting rights, birthright citizenship, executive power, LGBTQ rights, immigrants' rights, and more. 

The program will also include a discussion of trends in the Supreme Court and panelists will answer audience questions. Lunch will be provided for in-person attendees.

Register!

Supreme Court Hearings Conclude for 2025-26 Term; Read Our SCOTUS Term Wrap Up

Weekly Wrap Up: As of July 24 

Just in case you were wondering if asking judicial nominees about who won the 2020 Election is unnecessary political theater — President Trump gave a prime-time address to the nation casting aspersions on that election. Although the speech was not aired live by most networks, several media sources fact-checked his claims which he is using to justify the need for radical changes in our election process, notably through passage of the SAVE Act. 

On the ground, federal judges around the country are turning down administration demands for voter rolls and data on election workers. However, the House passed the National Defense Authorization Act which not only authorized more than a trillion dollars to the Defense Department but included provisions from SAVE. 

The ball is in the Senate’s court now where aspects of the defense spending provisions are controversial, and there has been little appetite for the SAVE Act which failed in the Senate a month ago in a bipartisan vote. 

All told: free and fair elections are threatened and under siege! 

The future of election integrity is one reason Courts Matter Illinois and many other organizations oppose the confirmation of Todd Blanche as Attorney General. In his hearing last week he strongly endorsed the SAVE Act and refused to rule out sending federal agents to polling places. 

The judiciary committee met in executive session to consider his nomination and is expected to take a final vote on July 30. With several Republican senators uncommitted on support for Blanche, the ending is not a foregone conclusion.

The Senate plowed ahead on confirming judicial nominees. Benjamin Flowers was confirmed to the Sixth Circuit Court of Appeals (49-46), Michael Martin to the District Court for the Eastern District of Michigan (62-36), Daniel Traynor to the Eighth Circuit Court of Appeals (48-47); and Antonio Pozos to the District Court for the Eastern District of Pennsylvania (49-44). There are now 53 confirmed Trump judges from this term.

Headlines

(Brennan Center) Want Supreme Court term limits? Here’s how to do it.

(Slate) The Supreme Court has gone off the rails. There’s actually a fix

(Guardian) Brett Kavanaugh has become Trump’s chief enabler on the Supreme Court

(The Hill) Trump calls for review after climate manual for judges withdrawn

(Slate) Taking back your Democracy for Dummies

(Nomination Notes) The Eighth Circuit is about to get even ‘Trumpier’

Doing Nothing is Not Acceptable