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Courts Matter Weekly Wrap Up – December 5, 2025

Holiday decorations are up all over Capitol Hill, and the Senate seems to be ‘decking the halls’ with judicial confirmations. Just this past week, they confirmed David Bragdon whose extreme views include hostility to abortion to the District Court for the Middle District of North Carolina (53-45), Lindsey Ann Freeman also to the Middle District of North Carolina (60-39) and Matthew Orso (57-41), and Judge Susan Rodriguez (57-32) to the District Court for the Western District of North Carolina who also has a troubling record. Was it the holiday spirit that led a handful of Democratic senators to support the confirmation of three of the four nominees? Regardless, it was concerning that they supported nominees whose records called into question whether they would be fair and independent judges. There have been 23 confirmations thus far in this Congress with eleven nominees pending. When the Senate returns on Monday evening, they are expected to vote on cloture for Judge Robert Chamberlin to the District Court for the Northern District of Mississippi, another nominee whose record — both on the bench and in the state legislature — is quite extreme.

In an unsigned opinion in yet another shadow docket case, the US Supreme Court delivered an early holiday gift to the Republican party by lifting a lower court decision and allowing Texas to use its redrawn electoral map. The map was purposely reconfigured at the behest of President Trump to carve out up to five additional Republican congressional seats. Texas’ move prompted redistricting measures in several other states designed to help one party or another in the upcoming mid-term congressional elections. Writing a strong dissent, Justice Elena Kagan cited the district court’s ruling which found that voters were likely sorted based on their race. “… This court’s stay ensures that many Texas citizens, for no good reason, will be placed in electoral districts because of their race. And that result, as this court has pronounced year in and year out, is a violation of the constitution,” according to Justice Kagan.

Here’s a look at some of the recent actions taken by lower federal courts on Trump administration policies, etc:

  • A panel of the Circuit Court for the District of Columbia voted 2-1 to temporarily lift Judge Jia Cobb’s (a Biden nominee to the District Court for the District of Columbia) order blocking deployment of the National Guard in DC while they decide whether to allow an extended block on deployment. Two Trump-nominated judges, Neomi Rao and Gregory Katsas,a voted in favor while Obama-nominated Judge Patricia Millet opposed the stay.

  • Judge Beryl Howell, an Obama nominated judge to the District Court for the District of Columbia, restricted the extent to which immigration agents can make warrantless arrests in the District of Columbia. She ruled that such arrests could only be made if authorities have probable cause to believe that the person is in the country illegally and likely to escape. The Department of Homeland Security claimed that they only needed reasonable suspicion to make such arrests which is a lower standard.

  • Judge Sunshine Sykes, a Biden nominee to the District Court for the Central District of California, ruled that the Trump administration policy of denying bond hearings to migrants detained under the immigration sweeps is illegal. She certified a nationwide class of individuals who were already living in the US when they were detained and that they were entitled to a hearing to seek release on bond.

►   Senate Judiciary Committee

On December 11, the judiciary committee is expected to hold a mark-up on the nominations of  Nicholas Ganjei to the District Court for the Southern District of Texas, David Clay Fowlkes to the District Court for the Western District of Arkansas, and Aaron Peterson to the District Court for the District of Alaska. Nicholas Ganjei, a former staff member to Sen. Ted Cruz (R-TX) has a long history of affiliation with far-right groups. New nominees are set to appear at a hearing on December 17 which is just before the Senate adjourns for the year. They are: Justin Olson to the District Court for the Southern District of Indiana who has a record of challenging transgender athletes; Brian Lea to the District Court for the Western District of Tennessee; and Judge Megan Benton to the District Court for the Western District of Missouri. Under the rules, any nominees who are not confirmed by the end of the year will be returned to the White House for renomination. Based on past practice, those who have already had a hearing will likely not be asked to have another.

►   ICYMI

(PBS) Supreme Court appears likely to rule in favor of crisis pregnancy center

(LA Times) These federal judges are building a legal wall against assault on transgender rights

(Scotusblog) Courts debate asylum determinations

(The Hill) Reagan judges surface as unfiltered assessors of Trump

(Bloomberg) The real heroes of the assault on the Constitution

 

As the Senate winds down for the year and the first session of the 119th Congress ends, we know that our work cannot let up. Thank you for your continuing efforts towards ensuring a fair and independent federal judiciary.