Trump’s First Judicial Nominee Signals Dangerous Direction for Federal Judiciary

FOR IMMEDIATE RELEASE
Contact: Patrick McNeil, [email protected]

WASHINGTON — Lena Zwarensteyn, senior director of the fair courts program and an advisor at The Leadership Conference on Civil and Human Rights, issued the following statement after President Trump announced his intent to nominate Whitney Hermandorfer to the U.S. Court of Appeals for the Sixth Circuit:

“For our democracy to thrive and for all of us to live freely, we need a federal judiciary that works for all people in America — not just the wealthy and powerful — and that will uphold the rule of law and the Constitution. As the president of the United States declares himself king, issues unconstitutional executive orders, appoints his personal lawyers to the Department of Justice, and defies court orders, he has now also begun nominating individuals to serve on the federal bench for life.

“It is appalling that Trump announced his intent to nominate Whitney Hermandorfer to the U.S. Court of Appeals for the Sixth Circuit on Law Day, a day to celebrate the rule of law and our work toward a more just society. This nomination continues the trend we saw during his first term — appointing individuals who have worked against our civil and human rights. Ms. Hermandorfer is on record leading cases that would deny people critical reproductive health care access, birthright citizenship, and LGBTQ equality. All federal judges must fulfill the important obligation to uphold the rule of law, respect the basic tenets of our democracy, and recognize and protect civil rights, but we have reason to fear that Ms. Hermandorfer will not meet that basic standard.

“The president has made clear that he values loyalty to him over fidelity to the nation’s laws and Constitution, and he now seeks to stack the judiciary with those who will do his bidding. This is a deeply unsettling moment for our fragile democracy, and this first announcement of a judicial nominee intensifies our fears about the future of America and the promise of equal justice under law. This signals a dangerous direction for our country — a direction we saw during Trump’s first term when he appointed lifetime judges who were overwhelmingly hostile to our civil and human rights and who represented a gigantic setback for judicial diversity. Many understand the devastating impact of Trump’s appointees to the Supreme Court, including their reversal of a fundamental right — the right to abortion — for the first time in our history, in addition to other cruel decisions from the Supreme Court’s extremist majority and federal judges across the country previously appointed by this president.

“If confirmed, Ms. Hermandorfer would serve for life and would decide cases about who can vote, whether you can hold the government accountable, who can access life-saving health care, and more. This moment demands that all senators take seriously their constitutional responsibility to scrutinize all of the president’s nominees and ensure they meet the highest ethical standards and are up to the critical task of protecting fundamental rights and freedoms. Senators must only approve judges who are fair-minded, who possess a commitment to civil and human rights, and who have the personal and professional experience that enhance the provision of equal justice for all. Our democracy depends on senators doing the right thing — for our communities, our courts, and the future of our country.”

In February, The Leadership Conference, joined by 84 national organizations, wrote to senators urging them to make our federal judiciary an enduring priority by demanding that all judicial nominees are fair-minded, well-qualified, and committed to civil and human rights. Read the letter here. The Leadership Conference also recently released a comprehensive report on judicial confirmations during the 117th and 118th Congresses, which is available here.

Leadership Conference resources

• Fact sheet: Damage to the Federal Judiciary During the Trump Administration
• Fact sheet: Project 2025: What’s At Stake for Our Courts, Our Rights, and Our Future
• Blog: Project 2025 and the Project to Take Over Our Courts and Our Rights

The Leadership Conference on Civil and Human Rights is a coalition charged by its diverse membership of more than 240 national organizations to promote and protect the rights of all persons in the United States. The Leadership Conference works toward an America as good as its ideals. For more information on The Leadership Conference and its member organizations, visit www.civilrights.org.

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