May 1, 2026 Update

Happy May Day! Beyond dancing around the maypole and picnics, May Day is celebrated worldwide as a day to stand with workers and labor unions. (Many in the US are observing today with a variety of protest actions around the country.) Notably, “may day” is also the international radio distress signal in dire emergencies. While we are not issuing a may-day distress signal at this juncture, we are definitely on alert. The Supreme Court heard its final arguments for the 2025-26 term this week and issued some alarming decisions. The Court upheld Texas’s Republican-drawn congressional map, 6-3, reversing a lower court ruling that had deemed it a racial gerrymander — potentially giving the state 5 additional Republican seats. And following on that theme, we got a ruling in the long-awaited Louisiana v. Callais case, challenging Section 2 of the Voting Rights Act in the context of a redrawn congressional voting map designed to create a second majority Black district in Louisiana, a state that is one-third Black. The 6-3 decision, authored by Justice Samuel Alito, eviscerated the protections of Section 2 of the Voting Rights Act, further hollowing out a fundamental civil rights act that the court had already gravely damaged. Also this week, the Court ruled in favor of shielding anti-abortion crisis pregnancy centers from state oversight and accountability in the case First Choice Women’s Resource Centers v. Platkin.

All this after a momentous week starting with shots fired outside of the White House Correspondents Dinner at which the President, Vice President, and several cabinet officials were hustled to safety as journalists and others huddled under tables, it culminated in an address by King Charles III to a joint session of Congress and the Senate’s departure. When they return, there will be four judicial nominees waiting for a vote on the floor.

Against this backdrop, federal and state courts are issuing decisions with significant consequences. Here are some recent highlights:

Even after voters approved a redistricted congressional map in Virginia, the map is being challenged in state court. Richmond Circuit Court Judge Tracy Thorne-Begland denied a request from the Republican National Committee and Virginia Republicans to block the results of the referendum contending that it violates the state’s constitution. The issue rests in the hands of the Virginia Supreme Court which has delayed the certification of the referendum results for now.
A three-judge panel of the US Circuit Court for the District of Columbia Circuit blocked the Trump executive order which suspends asylum at the US southern border. The panel, made up of Biden-nominee Judge Michelle Childs and Obama-nominee Cornelia Pillard, and dissenter Judge Justin Walker (Trump nominee), ruled that the Immigration and Naturalization Act did not authorize a president to suspend asylum seekers rights.
Obama-nominated Judge George Russell III of the District Court for the District of Maryland ruled that the administration must end the pause on green card applications for 83 immigrants from countries on the current travel ban list, saying that USCIS does not have the prerogative to decide to pause consideration of these applications.

► Senate Judiciary Committee

In deference to committee Democrats who were at a party retreat early on April 29, the committee pushed the hearing for that day until later in the afternoon for nominees: 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. On April 30, the committee voted to move forward 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 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 the confirmations of Justin Smith, Kathleen ‘Katie’ Lane, Tony Mattivi, and Anthony Powell. Your calls make a difference!

► ICYMI

(NYTimes) Is the Supreme Court coming apart at the seams?

(Slate) The Supreme Court’s conservatives just issued the worst ruling in a century

(USAToday) Trump attacks rule of law. I met the judges standing up for it.

(Reuters) In Supreme Court fight against deportation shield, Trump says judges have no role.