Progressive Judges Wish List Heavy on ACLU, Light on Big Law – Bloomberg Law
The decade Richard Boulware spent as a public defender before becoming a federal trial judge in Nevada meant he looked at his courts local rules differently upon joining the bench.
Requiring court documents be sent to email addresses or dismissing a case when a litigants address wasnt promptly updated could disadvantage people without online access or a stable address, Boulware said.
I have the privilege to have experienced how frequently our system can feel unfair to individuals who dont have the same access to resources as other individuals, Boulware said.
If progressive activists had their way, President Joe Biden would appoint many more judges who represented criminal defendants as well as workers, consumers, and civil rights plaintiffs. Wish lists assembled by two progressive groups, Demand Justice and the Peoples Parity Project, provide a window into what exactly their vision for the federal bench looks like.
Boulware, who is Black, is among the 76 lawyers and judges on the lists that are composed overwhelmingly of women and minorities, a Bloomberg Law analysis found. Whats equally important, insist progressive activists, is diverse work experiences, and the lists draw heavily on former public defenders, as well as alumni of the NAACP Legal Defense and Education Fund, the American Civil Liberties Union, and other public interest legal groups.
As the layers of diversity grow, however, so does the potential for new tensions. Thats already evident in Colorado, where Democratic senators are facing pushback from progressives for putting forward a Latina Big Law attorney for an open district court seat.
The decision by Senate Democrats to retain home-state input for district court nominees, at least for now, means it will be harder to get unconventional nominees confirmed in states with Republican senators. Nominees with nontraditional resumes may also be less likely to be deemed qualified by the American Bar Association.
The Peoples Parity Project, composed of law students and new lawyers, wants to change the narrative among Democrats about whats considered qualifying experience for judicial nominees, said Molly Coleman, the groups executive director and co-founder.
For us, it was really showing that if you want people who will make outstanding judges, you actually dont need to look to Wall Streets lawyers, Coleman said of her groups list, which was composed with the federal appeals courts in mind.
Judges who have predominantly had experience in private practice and as federal prosecutors make up more than 70% of the appellate bench, while just 1% of circuit court judges have spent the majority of their careers as public defenders or within a legal aid setting, according to a August 2020 Center for American Progress study.
In comparison, 20% of those suggested by the Peoples Parity Project and Demand Justice have spent at least part of their careers working as public defenders. The wish lists include 15 attorneys who have worked at the NAACPs Legal Defense and Education Fund and 11 who have worked for the ACLU on issues including reproductive rights, gay rights, immigration, and election law.
The ranks of attorneys on the lists who have represented consumers, workers, or unions include Nicole Berner, general counsel for the Service Employees International Union, and Deepak Gupta, who founded a public interest law firm after working at Public Citizen and the Consumer Financial Protection Bureau.
Christopher Kang, chief counsel and co-founder of Demand Justice who worked on judicial nominations in the Obama White House, said diversifying the federal bench is not only having people that look like America but who have represented individual Americans. His groups list is aimed at potential Supreme Court nominees, but Kang said it broadly represents the type of people it would like to see on district and appellate courts.
Judges backgrounds can make a difference in outcomes. Judges with experience as federal prosecutors or corporate lawyers are less likely to rule in favor of workers in employment disputes, according to a recent study by Emory University law professor Joanna Shepherd and supported by Demand Justice.
Adding new criteria for ideal progressive judicial appointments sets up the potential for conflicting priorities. Progressives already pushed back on Colorados Democratic senators for their recommendation of WilmerHale partner Regina Rodriguez for a federal judgeship, because of her corporate law background.
Thomas A. Saenz, president and general counsel of the Mexican American Legal Defense and Educational Fund, said while he understands there is a lot of ground to make up in terms of professional experience because both parties focused on nominees with Big Law experience in the past, racial and ethnic diversity remain important.
There will always be corporate lawyers and federal prosecutors on the federal bench and the ranks of those former corporate lawyers and prosecutors should also reflect diversity, Saenz said.
There are still federal courts that havent had a Latino or Latina judge, including the D.C. Circuit, Saenz said. Hed like to see the Biden administration change that.
American Indian judges remain rare. There are currently two active judges who are American Indian, according to Federal Judicial Center data.
That leaves a gaping hole in American jurisprudence, said Angela R. Riley, professor and director of the Native Nations Law and Policy Center at the UCLA School of Law, and chief justice of the Supreme Court of the Citizen Potawatomi Nation of Oklahoma.
An American Indian judicial nominee with or without corporate ties might add a much needed understanding of the challenges facing Indian country and tribes to the federal bench, Riley said. That still brings something.
The first challenge to getting more diverse judges confirmed to the federal bench is getting people to step forward, said former U.S. district court judge Nancy Gertner, chair of the bipartisan judicial nominations advisory committee for Massachusetts Democratic Sens. Elizabeth Warren and Ed Markey.
Our job is oftentimes convincing legal services lawyers, public defenders, environmental lawyers that they should apply, said Gertner. That we meant it when we said they should apply.
The advisory committee opened up applications in January, received 32 applications, interviewed 22 people over Zoom, and has made its recommendations to the senators, Gertner said. But the commission missed the Jan. 19 deadline the White House requested because they were prioritizing diversity.
Untraditional candidates may be younger and have fewer years of professional experience. They run the risk of not getting a qualified recommendation from the ABA, which rates judicial picks. The ABA typically requires nominees to have a minimum 12 years experience as lawyers.
Biden isnt asking the ABA to vet his selections to the federal bench before theyre nominated as was the practice of the Obama administration, but its ratings still carry some weight during the confirmation process.
Easha Anand, a Supreme Court and appellate lawyer at the MacArthur Justice Center who focuses on criminal defense, was surprised to see her name on the Peoples Parity Project list.
Historically, Anand said her background representing prisoners, taking on reproductive rights cases, and making her views on issues publicly known would have been disqualifying.
I have no illusions about ending up on the bench, but the fact that Im even a part of the conversation shows how much has shifted in the past couple of years, Anand said.
Gertner, who now teaches at Harvard Law School, can relate. As she tells it, her resume included representing a lesbian feminist radical revolutionary accused of killing a cop and working on abortion and sex discrimination cases. Plus, she married the legal director of the ACLU of Massachusetts.
Gertner says those experiences gave her a different perspective during 17 years as a district court judge in Boston. Her criminal defense background made her ask different questions, such as whether traffic-related stops on a Black defendants prior record were racially motivated.
I added the experience of walking into the courtroom with your client and walking out of the courtroom with him in chains, Gertner said.
Original post:
Progressive Judges Wish List Heavy on ACLU, Light on Big Law - Bloomberg Law
- Barack Obama calls out progressives' 'mistake' of constantly talking about what's wrong with boys - Fox News - July 18th, 2025 [July 18th, 2025]
- Will California progressives have their Zohran Mamdani moment? - CalMatters - July 12th, 2025 [July 12th, 2025]
- Marc Maron Amits Progressives Are a Buzzkill in HBO Special Trailer - The Hollywood Reporter - July 12th, 2025 [July 12th, 2025]
- Judge rules against progressives in a hearing on the Cherry Hill county committee election - Inquirer.com - July 12th, 2025 [July 12th, 2025]
- Marc Maron Admits Progressives Are a Buzzkill in HBO Special Trailer: We Annoyed the Average American Into Fascism - IMDb - July 12th, 2025 [July 12th, 2025]
- From New York to Tucson Working Families committed to electing real progressives with bold vision - Tucson Sentinel - July 8th, 2025 [July 8th, 2025]
- New York Times Mamdani smear shows how out of touch the paper is with progressives, especially on Palestine - Mondoweiss - July 8th, 2025 [July 8th, 2025]
- Progressives Must Unite Against Nigel Farage and National Populism or Reform Will Win - Byline Times - July 6th, 2025 [July 6th, 2025]
- Progressives Disdain of Genius Is a Problem for the West - Bloomberg.com - July 6th, 2025 [July 6th, 2025]
- Mamdani electrified progressives in New York. In San Francisco, the left is full of envy. - Politico - July 4th, 2025 [July 4th, 2025]
- Minnesota progressives sound alarm over Trump tax bill - Minnesota Reformer - July 4th, 2025 [July 4th, 2025]
- Can Progressives Get Behind Parental Rights for All? - First Things - July 4th, 2025 [July 4th, 2025]
- Opinion | Your shampoo is locked up in stores, thanks to progressives - The Boston Globe - July 4th, 2025 [July 4th, 2025]
- Progressives trapped in 'misinformation bubble' about transgender youth treatments, Atlantic writer admits - Fox News - July 2nd, 2025 [July 2nd, 2025]
- Protecting the Rights of Parents from Progressives - Mosaic Magazine - July 2nd, 2025 [July 2nd, 2025]
- Catholic progressives and the development of sexual doctrine - Catholic World Report - July 2nd, 2025 [July 2nd, 2025]
- Why Zohran Mamdanis New York win does not really hold lessons for progressives across the world - Scroll.in - July 2nd, 2025 [July 2nd, 2025]
- Parents, not progressives, know their kids best. They should control education. | Opinion - Yahoo - July 2nd, 2025 [July 2nd, 2025]
- Gavin Newsom wont save California Progressives have damaged the state - UnHerd - June 29th, 2025 [June 29th, 2025]
- After Zohran Mamdanis upset, theres a way forward for pro-Israel progressives - The Forward - June 28th, 2025 [June 28th, 2025]
- Zohran Mamdanis victory should be a wake-up call to Canadian progressives - Ricochet Media - June 28th, 2025 [June 28th, 2025]
- Progressives tell Andrew Cuomo good riddance after Zohran Mamdanis shock victory in Democratic primary - the-independent.com - June 28th, 2025 [June 28th, 2025]
- Pennsylvania progressives turn back to former Fetterman foe as congressman spurns party line - Washington Examiner - June 28th, 2025 [June 28th, 2025]
- After Zohran Mamdanis upset, theres a way forward for pro-Israel progressives - Jewish Telegraphic Agency - June 28th, 2025 [June 28th, 2025]
- Progressives Just Won Big in New York's Second-Largest City - Newsweek - June 26th, 2025 [June 26th, 2025]
- Big win in New York is a message for progressives. The Big Beautiful Bull further exposed. - Daily Kos - June 26th, 2025 [June 26th, 2025]
- How Cherry Hill progressives upset the Norcross machine - MSN - June 24th, 2025 [June 24th, 2025]
- Progressives and leftists must unite to save humanity from nuclear war - Granma - June 24th, 2025 [June 24th, 2025]
- My conversation with a 'Third Way' Democrat: can progressives & centrists coexist in one party? - Daily Kos - June 24th, 2025 [June 24th, 2025]
- Politics | 2025 Was Supposed to Be a Big Year for RI Progressives at State House. It Is a Bust. - GoLocalProv - June 20th, 2025 [June 20th, 2025]
- Progressives Abandoned J. K. Rowling, Not the Other Way Around - National Review - June 20th, 2025 [June 20th, 2025]
- Inside the Cherry Hill political battle that pitted progressives against the Norcross machine - Inquirer.com - June 20th, 2025 [June 20th, 2025]
- Not Just Progressives: Over Half of Trump Voters Oppose US War on Iran - Common Dreams - June 20th, 2025 [June 20th, 2025]
- Ras Baraka: Dont Count Out the Progressives - New Jersey Globe - June 20th, 2025 [June 20th, 2025]
- A new book explores why progressives made it impossible to build in America - Inquirer.com - June 10th, 2025 [June 10th, 2025]
- Opinion: Someone please send progressives the destination and ETA - Star Tribune - June 10th, 2025 [June 10th, 2025]
- New power in Riga? New Unity and Progressives seek common ground - Baltic News Network - June 10th, 2025 [June 10th, 2025]
- Republican Antitrust Officials Shouldnt Behave Like Progressives - The Daily Economy - June 10th, 2025 [June 10th, 2025]
- Why people follow religions, and why progressives should care. - Daily Kos - June 10th, 2025 [June 10th, 2025]
- Hakeem Jeffries agrees with Elon Musk. Progressives do not, nor should any Democrat or American. - Daily Kos - June 10th, 2025 [June 10th, 2025]
- House Progressives Block the Bombs Act Would End Transfer of Offensive Arms to Israel - Democracy Now! - June 7th, 2025 [June 7th, 2025]
- The Billionaires Backing the Neoliberal 'Abundance Coachella' Gathering Draw Ire From Progressives - Common Dreams - June 7th, 2025 [June 7th, 2025]
- Revolution against Israel, US, and the West binds progressives to Iran - The Jerusalem Post - June 7th, 2025 [June 7th, 2025]
- South Korean voters weary of political crisis are poised to return progressives to power - Le Monde.fr - June 7th, 2025 [June 7th, 2025]
- Video: Opinion | Progressives Are Driving Themselves Into Extinction - The New York Times - May 30th, 2025 [May 30th, 2025]
- Progressives anything but when it comes to Israel - Daily Herald - May 30th, 2025 [May 30th, 2025]
- How Progressives Are Unwittingly Aiding the Rise of Autocracy - Foreign Policy - May 11th, 2025 [May 11th, 2025]
- Progressives should care that the global population is set to fall - vox.com - May 11th, 2025 [May 11th, 2025]
- Progressives Mark Mother's Day With Calls to 'Honor Our Moms With Action' - Common Dreams - May 11th, 2025 [May 11th, 2025]
- Trump doesn't fear smart women. It's progressives who are really afraid. | Opinion - USA Today - May 11th, 2025 [May 11th, 2025]
- With Trump in the Mix, Progressives Are Winning the Intra Party Crypto War - notus.org - May 11th, 2025 [May 11th, 2025]
- Democrats and Progressives Won Widespread Victories Across Texas in Backlash against MAGA Extremism - Progress Texas - May 11th, 2025 [May 11th, 2025]
- The Progressives, The Conservatives, The Italians: Why This Conclave Is Different - Worldcrunch - May 11th, 2025 [May 11th, 2025]
- Newsoms back to needling progressives - Politico - May 2nd, 2025 [May 2nd, 2025]
- Opinion - The Supreme Courts immigration about-face has progressives all twisted up - Yahoo - May 2nd, 2025 [May 2nd, 2025]
- Are Progressives Coming Together in the South Bay ? Check Out "We The People South Bay" - LA Progressive - May 2nd, 2025 [May 2nd, 2025]
- The Risks Progressives Wont Discuss - The Times of Israel - May 2nd, 2025 [May 2nd, 2025]
- Watch: House progressives speak on first 100 days of Trumps second term - AOL.com - April 30th, 2025 [April 30th, 2025]
- City Politics: Who Will Win Progressives' Votes?; Upwardly Mobile Jobs; Anne Applebaum on Trump - WNYC - April 25th, 2025 [April 25th, 2025]
- National progressives back Houston attorney who fought GOP in court in Texas special election - The Hill - April 25th, 2025 [April 25th, 2025]
- SIMS: I Agree With The Progressives Hands Off! - NH Journal - April 25th, 2025 [April 25th, 2025]
- Progressives: Can Religious and Non Religious get along? - Daily Kos - April 25th, 2025 [April 25th, 2025]
- NYC progressives want to beat Adams and Cuomo. Can they set aside their differences? - Gothamist - April 1st, 2025 [April 1st, 2025]
- Josue Sierra: When progressives turn their backs on women - Broad + Liberty - April 1st, 2025 [April 1st, 2025]
- Why progressives failed the test of Oct 7 with Joshua Leifer - The Times of Israel - April 1st, 2025 [April 1st, 2025]
- Maybe progressives shouldn't have supported a larger, more extensive federal government for 100 years - The Daily Review - April 1st, 2025 [April 1st, 2025]
- Rich Lowry: Maybe progressives shouldnt have supported a larger, more extensive federal government for 100 years - Lewiston Sun Journal - April 1st, 2025 [April 1st, 2025]
- Rich Lowry: Maybe progressives shouldn't have supported a larger, more extensive federal government for 100 years - The Joplin Globe - April 1st, 2025 [April 1st, 2025]
- Kellyanne Conway rips progressives over Tesla protests: 'Trump derangement syndrome has reached stage five' - Fox Business - April 1st, 2025 [April 1st, 2025]
- A Cohesive Message from Progressives - The New Yorker - April 1st, 2025 [April 1st, 2025]
- The Left Has Turned White Progressives Into Hood Rats - AM 870 The ANSWER - April 1st, 2025 [April 1st, 2025]
- Progressives Are Pissed. This Group Wants Them to Run for Office - Rolling Stone - March 13th, 2025 [March 13th, 2025]
- AOC and other NY progressives call for Mahmoud Khalils release in letter to DHS - City & State New York - March 13th, 2025 [March 13th, 2025]
- Progressives are not demanding any special rights for anyone | Letters - Yahoo - March 13th, 2025 [March 13th, 2025]
- Californias Gavin Newsom opposes trans athletes in womens sports, splitting with progressives - MyMotherLode.com - March 11th, 2025 [March 11th, 2025]
- Progressives Gather In Concord to Protest, Well, Just About Everything - NH Journal - March 11th, 2025 [March 11th, 2025]
- Newsom deviates from progressives on womens sports issue - WORLD News Group - March 11th, 2025 [March 11th, 2025]
- California's Gavin Newsom opposes trans athletes in women's sports, splitting with progressives - Northeast Mississippi Daily Journal - March 11th, 2025 [March 11th, 2025]
- GV progressives organize against Trump - Green Valley News - March 11th, 2025 [March 11th, 2025]
- OPINION: Labor, progressives, and the politics of the West Side - 48 Hills - March 5th, 2025 [March 5th, 2025]