Judge Jackson Must Meet Schumer’s Standard In Answering Questions About Demand Justice Backing Her Nomination

Chuck Schumer Told Prior Supreme Court Nominees That ‘We Would Be Remiss If We Didn’t Explore Why’ Certain Groups Were Backing Their Nominations, So Judge Ketanji Brown Jackson Will Need To Be Forthcoming About Why Far-Left Court-Packing Group Demand Justice Has Been Loudly Pushing Her Nomination

SENATE REPUBLICAN LEADER MITCH McCONNELL (R-KY): “This is … a moment when the far left has declared open season on the very concept of judicial independence itself. President Biden even bowed to the radicals and set up a court-packing commission. Now, Justice Breyer has distinguished himself by loudly and proudly putting these radicals in their place. He has consistently denounced the concept of partisan court-packing and defended the Court’s legitimacy. One would hope his successor would follow suit. But curiously, the same radicals who want to turn Democrats into the party of court-packing also badly wanted Judge Jackson for this vacancy. It’s a matter of record that this nominee was the anointed favorite of these fringe groups. At this time last year they were already spending dark money to raise her profile. So I intend to explore why groups that are waging political war against the Court as an institution decided Judge Jackson was their special favorite.” (Sen. McConnell, Remarks, 3/03/2022)


Schumer’s Standard On Groups Backing Supreme Court Nominees: ‘What Do They Know About You That We Do Not?,’ ‘We Would Be Remiss If We Didn’t Explore Why’

SEN. CHUCK SCHUMER (D-NY), 2005: “You [Judge Roberts] told me when we met that you were not an ideologue and you share my aversion to ideologues. Yet you have been embraced by some of the most extreme ideologues in America …That gives rise to a question many are asking: What do they know about you that we do not?” (U.S. Senate Judiciary Committee Hearing, 9/12/2005)


Far-Left Dark Money Group Demand Justice ‘Is Slated To Lead The Fight On The Left’ For Judge Jackson’s Confirmation, Even Creating Ads For Her Before Her Nomination Was Announced

“Demand Justice, a progressive judicial advocacy outfit, is slated to lead the fight on the left. Demand Justice has already announced a $1 million ad campaign in support of Jackson and said it's prepared to spend much more.” (“Scoop: Progressives Prep Big Spending For SCOTUS Confirmation,” Axios, 3/06/2022)

Demand Justice Was So Eager To Promote Judge Jackson’s Nomination That They Had ‘Already Produced Ads To Support’ Her And The Press Release Announcing That Ad Was Dated The Day BEFORE She Was Announced As President Biden’s Nominee

“Demand Justice has already produced ads to support Jackson in case she’s chosen, a source familiar with the matter said.” (“Liberals Gather In Ketanji Brown Jackson’s Corner As Biden’s Supreme Court Decision Nears,” NBC News, 2/23/2022)

Demand Justice Announces Ad Promoting Judge Jackson Before Her Nomination

(Demand Justice, Press Release, 2/24/2022)


FLASHBACK: Demand Justice Has Been Loudly And Prominently Promoting Judge Jackson For Years

During The 2020 Campaign, Demand Justice Added Judge Jackson To The Group’s Own Shortlist Of Potential Supreme Court Nominees For Joe Biden

“Even before Ginsburg’s death, progressive judicial advocacy groups, like Demand Justice, were readying a list of suggested women for Biden’s shortlist… The Black women newly added to Demand Justice’s Supreme Court shortlist are… U.S. District Court for the District of Columbia Judge Ketanji Brown Jackson” (“Will Biden’s Pledge To Nominate A Black Woman To The Supreme Court Mobilize Voters?”, The 19th, 9/16/2020)

Within A Day Of Democrats Capturing The Senate Majority In 2021, Demand Justice Was Pressuring Justice Breyer To Retire And Promoting Judge Jackson To Replace Him

“The results of the Georgia Senate runoffs aren’t yet final. But left-wing activists are already pressuring Supreme Court Justice Stephen Breyer to take advantage of a possible Democratic majority in the Senate and retire. Demand Justice, the group founded in 2018 as a progressive response to conservative organizing around the courts, praised Breyer in a statement to POLITICO but encouraged him to make way for a younger liberal replacement and to do it early in Joe Biden’s first term.” (“Liberals To Breyer: Time To Retire,” Politico, 1/06/2021)

“Progressives are already eyeing the D.C. Circuit seat that Merrick Garland would vacate if he becomes Biden’s attorney general as a potential springboard for a future [Supreme Court] justice. Biden said on Thursday he’d move promptly to fill Garland’s seat following confirmation. ‘Georgia results resolve the concerns about Garland’s DC circuit seat,’ Brian Fallon, executive director of Demand Justice, a progressive group pushing for aggressive approach to judicial confirmations, tweeted Wednesday. ‘Time to elevate Ketanji Brown Jackson?’ (“Justice Breyer Pressured to Retire, Make Room for Biden Pick,” Bloomberg Law, 1/07/2021)

Even Before President Biden Officially Nominated Judge Jackson For The D.C. Circuit Court Of Appeals, Demand Justice Was Already Pushing For Her To Be Elevated To The Supreme Court

“The expected nomination of District Court Judge Ketanji Brown Jackson to replace Merrick Garland on the D.C. Circuit Court of Appeals could be a precursor to another promotion for her — fulfilling Biden’s campaign promise to choose a Black woman for a seat on the Supreme Court…. Court-focused progressive advocates expect she’ll be picked, although they say they haven’t been told it directly. And they’re not only preparing to support her candidacy for the appeals court seat, but also a potential Supreme Court vacancy on the horizon…. The progressive judicial group Demand Justice says it is preparing materials, research documents and social media videos to defend Jackson in preparation for an announcement.” (“Biden Poised To Announce First Wave Of Nominations To Reshape U.S. Courts, NBC News, 3/18/2021)

DEMAND JUSTICE: “Judge Ketanji Brown Jackson is a rising star whose time on the Court of Appeals may prove a stepping stone. She and the other public defenders and civil rights lawyers in this group are exactly the kind of judges we need …” (Demand Justice, Press Release, 3/30/2021)

Demand Justice Even ‘Launched A Six-Figure’ Ad Campaign To Support Her Nomination For The D.C. Circuit

“Courts-focused Democrats see Jackson as being on the shortlist, if not a front-runner, for a Supreme Court vacancy should one open up during the Biden administration…. The courts-focused liberal group Demand Justice has elevated Jackson in a recent ad campaign to build support for her among Black audiences.” (“Senate Confirms Ketanji Brown Jackson To Be Judge On Powerful Appeals Court,” NBC News, 7/14/2021)

“Demand Justice has launched a six-figure, digital and radio ad campaign reaching Black audiences to build support for the confirmation of Judge Ketanji Brown Jackson to the D.C. Circuit.” (Demand Justice, Press Release, 6/07/2021)

And Two Days Prior To Her Announcement As Biden’s Supreme Court Nominee, Demand Justice Sent A Letter To The White House ‘Unmistakably Crafted To Boost Jackson’

“President Joe Biden is on the cusp of picking a Supreme Court nominee, and a dozen progressive groups are revealing their preferred candidate among the finalists: U.S. Appeals Court Judge Ketanji Brown Jackson. In a Wednesday letter to Biden led by the courts-focused Demand Justice, the 12 groups nudge him to nominate someone with a background working as a public defender or in civil rights…. Although they didn’t name names, the letter appears unmistakably crafted to boost Jackson, who is currently a judge on the U.S. Court of Appeals for the District of Columbia Circuit, in the final stretch before a decision.” (“Liberals Gather In Ketanji Brown Jackson’s Corner As Biden’s Supreme Court Decision Nears,” NBC News, 2/23/2022)


REMINDER: Demand Justice Is One Of The Most Vociferous Groups On The Left Advocating For Packing The Supreme Court

DEMAND JUSTICE: “With a 6-3 Republican supermajority, the Supreme Court is too biased in favor of special interests and Republican politicians. Our democracy is at risk from decisions that suppress the right to vote. Adding four seats is the solution—and we need your help to get it done. Congress can change the number of justices on the Court at any time with a simple piece of legislation, and it has done so many times throughout American history. Now, top Democrats have introduced a bill to add seats and restore balance, and more than 40 members of Congress have signed on in support.” (Demand Justice, Accessed 1/31/2022)

BRIAN FALLON: “At Demand Justice, we strongly believe that reforming the court — especially by expanding it — is the cornerstone for re-building American democracy… We are thrilled to work in coalition with the team at Pack the Courts to undo the politicization of the judiciary.” (“Progressive Activists Push 2020 Dems To Pack Supreme Court,” Politico, 2/25/2019)

  • FALLON: “We need reform of the third branch of the government. We must look at expanding the number of justices on the Court to ensure a future Democratic president has the chance to fill two or more seats on the Court.” (Brian Fallon, Remarks, 12/05/2018)

Demand Justice Endorsed, And Even Paid For Ads To Promote, A Radical Piece Of Legislation To Pack The Supreme Court

Brian Fallon and Demand Justice endorsed legislation introduced by far-left Democrats, including Sen. Ed Markey (D-MA), to pack the Supreme Court. (Sen. Markey, Press Release, 4/15/2021)

  • FALLON: “Democrats are officially done being complacent about the courts…. Our goal is to build consensus for this plan as quickly as we have seen Democrats align around the need to abolish the Senate filibuster. Expanding the Court is every bit as necessary for restoring our democracy.”  (Sen. Markey, Press Release, 4/15/2021)

“Demand Justice will begin a six-figure television advertising campaign in support of a new bill to add four seats to the Supreme Court. The ad features video of two of the bill’s sponsors at a press conference on the steps of the Supreme Court. The announcements follow the introduction of The Judiciary Act of 2021, a bill to add four seats to the Supreme Court, sponsored by House Judiciary Committee Chair Jerry Nadler, House Judiciary Courts Subcommittee Chair Hank Johnson, House Judiciary Courts Subcommittee Vice Chair Mondaire Jones, and Senator Ed Markey. On Saturday, Demand Justice hosted an organizing call featuring remarks from Sen. Markey and Rep. Jones and co-sponsored by Black Lives Matter Global Network, Indivisible, and Sunrise Movement.” (Demand Justice, Press Release, 4/20/2021)

Demand Justice Also Spent More Than A Million Dollars ‘Aimed At Pressuring Democrats In Congress To Support’ Court Packing

“A progressive judicial advocacy group announced Wednesday that it is launching a $1.5 million grassroots program aimed at pressuring Democrats in Congress to support legislation adding seats to the U.S. Supreme Court. Demand Justice’s plans include hiring an in-house team of six people, working with Bernie Sanders’ 2016 presidential campaign strategist Becky Bond, and organizing an in-person lobby day on Capitol Hill in October …” (“Progressive Judicial Group Launches $1.5 Million Effort To Expand Supreme Court,” Huffington Post, 9/08/2021)

Demand Justice Is Working With Other Far-Left Groups To Promote Packing The Court, Based On Their Assumption That Adding New Partisan Justices Would Immediately Give Progressives Political Victories

DEMAND JUSTICE CO-FOUNDER AND CHIEF COUNSEL CHRISTOPHER KANG: “Even if you could do term limits, if you could do it tomorrow, it doesn’t help pregnant people in Texas right now, or in Mississippi or across the country. It doesn’t help Black voters in Georgia.… The only thing that is actually going to provide balance to the court and do something in the near term is Supreme Court expansion. (“More Democratic Senators Are Willing To Weigh Changes To Supreme Court,” The Washington Post, 12/02/2021)

“‘The docket [in 2022] is going to help make the case for why the court is an urgent issue,’ said Brian Fallon, executive director of Demand Justice. Demand Justice is planning to team with March for Our Lives, a student-led group supporting gun-control legislation, which it approached after the high court granted a concealed carry case for the term beginning in October, New York State Rifle and Pistol Association v. Corlett. Fallon said Demand Justice also is working with Sunrise Movement, a youth climate change group. ‘There’s a lot of relatively new, young insurgent-minded groups, and we just want to sort of suffuse the argument about the court and the need for court reform into their narrative about what’s broken as it affects their particular issue,’ Fallon said.” (“Progressives Look to Next Term to Keep Focus on Supreme Court,” Bloomberg Law, 7/23/2021)



Related Issues: Judicial Nominations, Senate Democrats, Supreme Court