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New York Senator and presidential candidate Kirsten Gillibrand made headlines yesterday — and no, it wasn’t for finishing in the bottom of the latest polls — for her stance on the future of the federal judiciary. As most of our readers are undoubtedly aware, through a combination of Mitch McConnell’s recalcitrance in confirming Obama nominees and Don McGahn’s vision for the judicial branch under President Trump, Article 3 judges are more conservative than they’ve ever been.
Gillibrand has decided that if she is elected president, she’ll make sure the judges she nominates will uphold the rule of law enshrined in Roe v. Wade and women’s reproductive freedom. Yesterday in a Medium post, Gillibrand made women’s rights a “nonnegotiable” part of her campaign:
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“As president, I will only nominate judges — including Supreme Court justices — who will commit to upholding Roe v. Wade as settled law and protect women’s reproductive rights.”
She knows that coming out with such a bold statement isn’t typical. But, as she lays out in her statement, these are not typical times we live in:
“I realize that traditionally, presidents and presidential candidates haven’t drawn lines in the sand on judicial appointments.
That tradition ended when Mitch McConnell obstructed the nomination process and stole a Supreme Court seat, when Donald Trump nominated dozens of ideologically extreme judges hand-picked by far-right think tanks, and when Republicans confirmed a Supreme Court Justice who is credibly accused of sexual misconduct.”
So if you’re up in the air on who to support in the Democratic primary, now you know Kirsten Gillibrand’s plan for the federal courts.
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Kathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).