March 27, 2026 Update

Faced with the prospect of losing some of its precious Spring recess time, the Senate stayed into the night to end the record-long shutdown of the Department of Homeland Security, funding all but ICE. While senators were on their way home, moving through security lines staffed by TSA agents who hadn’t been paid for more than a month, the action shifted to the House to finally clear the funding bill. The Senate is not expected to return to Washington for another two and a half weeks. While senators are back home, they should be hearing from us about the need to carefully scrutinize President Trump’s judicial nominees and oppose any who are not fair, independent, or committed to constitutional values like equality and justice for all. They need to know that their constituents are watching and that they care about the quality of judges who sit in lifetime seats on the federal bench.

The Supreme Court this week heard oral arguments in Watson v. Republican National Committee, a consequential voting rights case from Mississippi where the state’s Republican committee challenged the state law that allowed mail-in votes to be counted if received three days after Election Day. This case, which will be decided by June, could impact mail-in voting going forward and is set against a backdrop of many attacks on voting rights.

Federal judges are busy hearing and deciding cases that respond to the Trump administration’s actions and policies. Here’s are some recent cases:

The Eighth Circuit Court of Appeals joined the Fifth Circuit in ruling that the US can continue to detain immigrants without bond, overturning a lower federal court decision. President George W. Bush nominee Judge Bobby Shepherd wrote for the majority in the 2-1 decision. Another Bush nominee, Judge Ralph Erikson, dissented.
Judge Timothy Brooks, an Obama nominee to the District Court for the Western District of Arkansas, permanently blocked six school districts from displaying the Ten Commandments in classrooms as per a state law which he called “unconstitutional.” The suit was brought by parents who argued that the displays violated their First Amendment rights. NCJW organized an amicus brief with 24 multifaith organizations that also argued against the display of the Ten Commandments in Public Schools. The Fifth Circuit overruled a lower court decision against a similar Louisiana law. The Arkansas ruling will be appealed.
Judge Paul Friedman of the District Court for the District of the District of Columbia, nominated by President Clinton, ruled in favor the the New York Times in a suit challenging Pentagon policy limiting some news reporters access to the Pentagon. Judge Friedman said the policy violated the First Amendment’s guarantee of free speech and the Fifth Amendment’s due process protections. In response, the Pentagon removed all media offices from the building.

► Senate Judiciary Committee

At the judiciary committee’s March 25 hearing, featuring Evan Rikhye to the District Court for the District of the Virgin Islands (which is not a lifetime position), Katie Lane (opposed by NCJW) to the District Court for the District of Montana, Sheria Clarke to the District Court for the District of South Carolina, and Kara Westercamp to the Court of International Trade, all of the nominees refused to answer questions about who won the 2020 presidential election and whether the January 6 insurrection was an attack on the Capitol. Senators also grilled Katie Lane on her very scant legal experience which falls short of the American Bar Association’s 12 year threshold. In response to questioning from Sen. Adam Schiff (D-CA), Lane admitted she had taken one deposition and conducted one cross examination in federal court. Kara Westercamp was questioned on her social media posts attacking senators. After the spring holiday recess, the committee is planning to hold a hearing on April 15 which is expected to feature: Justin Smith for the Eighth Circuit (opposed by NCJW) and nominees to the District Court for the District of Kansas Tony Mattivi (opposed by NCJW) Jeffrey Kuhlman; and Anthony Powell (opposed by NCJW).

► Opportunity

Join AFJ Action on Tuesday March 31 at 1 pm ET for a virtual briefing about Justin Smith, nominee to the Eighth Circuit Court of Appeals (opposed by NCJW). Register here to learn more about this extreme nominee whose history as a partisan operative and personal attorney to Donald Trump raises serious questions about his ability to be fair and independent.

► ICYMI

(Hill) Roberts tasked with trying to tame Supreme Court

(NBCNews) More federal judges warn of an increase in violent threats

(American Prospect) How Trump lost the courts

(Guardian) US Supreme Court seems poised to limit mail-in ballots ahead of the midterms

We will be taking a hiatus while the Senate is out and will return to your in-boxes next month. We wish all who celebrate Passover and Easter: meaningful and joyous holidays. Thank you for everything you do and will do to ensure fair and independent courts!