April 24th, 2026 Update

Even as we await decisions on some of the Supreme Court’s most contentious cases, the Court is attracting attention. With the end of the term fast approaching, retirement watch has begun with speculation that either Justice Samuel Alito or Justice Clarence Thomas might step down, giving President Trump the opportunity to name a fourth justice to the high court. Of course, rumors have been vigorously disputed especially in conservative circles. This week, the president took to his social media soapbox to excoriate Supreme Court justices in an especially derogatory and demeaning screed, still fuming over their rejection of his tariffs and skepticism about his Executive Order ending birthright citizenship. And the New York Times revealed some of the backstory behind the shadow docket (leaked from inside the Court!). Against this backdrop, the Supreme Court prepared for the final few arguments of the term, and the Senate confirmed Trump’s 37th judge: Andrew Davis to the District Court for the Western District of Texas (47-46). For NCJW’s part: we are waiting for decisions on the cases we are watching; we are preparing for a possible Supreme Court vacancy and confirmation fight; and we continue to insist that senators scrutinize every federal judicial nominee for fairness, independence, and fidelity to constitutional values.

Almost every day, we see evidence that courts matter and that fair and independent judges matter when it comes to protecting our important government institutions and our rights. Here are some recent highlights, including an important state court ruling:

The Fifth Circuit voted 9-8 to allow Texas to require public schools to post donated posters of the Ten Commandments in classrooms. This decision, which overturns a district court ruling, is a blow to the First Amendment’s separation of religion and state. Louisiana which is covered by the Fifth Circuit has a similar law. NCJW was deeply engaged in the case, leading an amicus brief, helping to recruit plaintiffs, and supporting one of our Rabbis for Repro who served as a plaintiff.
A Ninth Circuit panel made up of two Trump-nominated judges and an Obama-nominated judge blocked California from enforcing a provision of a 2025 state law which requires masked federal agents to identify themselves. According to the ruling, the California law violates the Supremacy Clause of the Constitution which prevents states from regulating federal government operations. Lawyers for California argued that the law aims to protect public safety from unchecked immigration enforcement.
A Pennsylvania state appeals court found that the constitution of the Commonwealth of Pennsylvania protected the right to abortion and therefore the decades-old ban on use of state Medicaid funds for abortion violates that protection. Pennsylvania protects access to abortion through 23 weeks.
Biden-nominated Judge Mustafa Kasubhai of the District Court for the District of Oregon made permanent his temporary block on Health and Human Services Secretary Robert F. Kennedy Jr’s unilateral funding cut off to healthcare providers treating young people with gender dysphoria. This was in response to a suit by 21 states after the funding cut off was announced in December. Judge Kasubhai issued a temporary block last month. In his ruling this week, the judge cautioned, “Unserious leaders are unsafe,” and that Kennedy’s policy caused “chaos and terror.”

► Senate Judiciary Committee

The committee canceled its April 23rd mark-up so votes are now expected on April 30 on the following nominees: Evan Rikhye to the District Court for the District of the Virgin Islands (which is not a lifetime position), Kathleen ‘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. On April 29 (even though Senate Democrats will be at a retreat), a hearing is planned on the nominations of Jeffrey Kuntz to the District Court for the Southern District of Florida, Mike Hendershot to the District Court for the Northern District of Ohio, and Arthur “Rob” Jones and John Marck to the District Court for the Southern District of Texas. We are hoping that the hearing will be delayed so that Democrats can be present to question nominees, especially Mike Hendershot on his troubling record on voting rights, LGBTQ issues, and reproductive rights. On May 20, the latest circuit court nominees are expected to receive a hearing: Benjamin Flowers, former Solicitor General of Ohio, to the Sixth Circuit Court and Matthew Schwartz, Trump’s personal lawyer in the Stormy Daniels case, to the Second Circuit Court. Finally, we await a May 14 mark-up on the nominations of 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). Take Action! Call your senators using the Capitol Switchboard, 202-224-3121 to urge them to oppose confirmation of Justin Smith, Kathleen ‘Katie’ Lane, Tony Mattivi, and Anthony Powell.

► ICYMI

(Conversation) Supreme Court’s ‘shadow docket’ brings hasty decisions

(Scotusblog) SCOTUS will hear religious liberty case on Catholic preschools and LGBTQ families

(CNN) Tapper questions judicial nominees’ reluctance to acknowledge Trump lost in 2020

(WallStJournal) Trump’s new approach to picking judges: a tighter circle and personal touch

(Reuters) Judge rejects US Justice Dept effort to obtain Rhode Island voter data

(Slate) Clarence Thomas gave a speech blaming Progressivism for Hitler. It was mostly just sad.

Thank you in advance for weighing in on some of the egregious nominees under consideration. Your outreach to senator offices sends an important message!