Detroit Judicial Vacancy Is an Early Opportunity for Biden to Show His Commitment to Justice
By Brooke Simone
Less than two hours after the presidential inauguration, the actions of a federal judge sent progressives into a frenzy on social media. Judge Victoria Roberts of the Eastern District of Michigan announced that she would be taking senior status on February 24.
Though federal court appointments are lifelong positions, senior status is a form of semi-retirement in which judges handle a reduced caseload and, importantly, allow their position to be filled by a new presidential appointee. By taking senior status, Judge Roberts opened a spot on the federal bench for the next generation. And because her seat will likely be one of the first that President Biden fills, this is a watershed moment that will both signal the new administration’s priorities and shape the future of our democracy.
There are currently twenty district judges in the Eastern District of Michigan. Thirteen are men. Fifteen are white. And seventeen were prosecutors or worked in private practice before becoming federal judges.
These numbers simply do not reflect who we are as a state or a nation. And they are not unique; the federal judiciary as a whole is largely white, male, and corporate. President Trump solidified this homogeneity, appointing 226 judges in four years — eighty-four percent of whom are white — compared to President Obama’s 320 over two terms. Trump judges have another leg up over liberals: the average age of Trump’s appellate judge nominees at the time of their appointment was 48.2, while Obama’s was 57.2. Trump’s younger judges are poised to steer our legal system for decades to come. These judges will dictate whether or not someone can easily access an abortion, decide the extent of transgender employees’ rights, and interpret our election law, already strained during the 2020 cycle.
But we now have an opportunity to add new voices to the conversation. The Biden administration must prioritize enlivening the federal bench by nominating young, diverse attorneys with varied experience in public service. In Michigan, it must fill Judge Roberts’ seat with a visionary in touch with today’s challenges.
Judge Roberts, who sits in Detroit, was appointed in 1998 by President Clinton and is perhaps most famously known for blocking Trump’s first Muslim ban in 2017. She has been described as bringing “humanity and compassion to judging.” Roberts’ successor should echo these values and mark a transition from Trump-era cronyism to a bright, progressive future: one where people are valued over profits and rights are expanded, not narrowed.
People’s Parity Project, a nationwide network of law students and attorneys dedicated to unrigging the legal system, released this past fall a list of progressive attorneys who should be considered for appointment to the federal courts. The list includes public defenders, consumer rights advocates, and reproductive justice lawyers; not one had a background in prosecution or corporate practice. These attorneys have spent their careers trying to make the justice system more equitable for all. Not only that, but they more accurately reflect the experiences of the people they will serve.
As a woman, student, and millennial, I have been personally impacted by federal judges’ decision-making. My peers have borne the brunt of skyrocketing healthcare costs, gun violence, and navigating the gig economy. Generations after us will face even more pressing climate change and global health crises. Judges who intimately know and understand these issues can better interpret legal challenges and protect all of our interests. Judges who are first-generation Americans, disability rights advocates, people of color, and LGBT individuals will help to usher in a more just society.
So where do we go from here? Michigan Senators Debbie Stabenow and Gary Peters are accepting applications for judicial nominees until February 9 to then send recommendations to President Biden. Next, Biden will make his official nomination, which moves to the Senate Judiciary Committee before coming to a full vote on the Senate floor. This is a process we’ll see play out over the following months and years as vacancies are filled. Since Roberts’ announcement, other judges in both district and circuit courts have announced their senior status, and we expect more to follow. A movement to reimagine the federal courts must begin here with the recommendation and appointment of a dynamic, diverse judge.
While a Democratic White House and Congress is reason for hope, it can only take us so far. Trump’s judges line the federal bench and promise to block progressive legislation for no reason other than ideology. Without a fierce commitment to shifting the judiciary and ensuring our judges are reflective of the people and our priorities, we won’t see the change we need.
This isn’t just about one seat on the court. It’s a potential sea change. And it could all start in Michigan.
Brooke Simone is a J.D. candidate at the University of Michigan Law School, Book Review Editor for the Michigan Law Review, and organizer with the People’s Parity Project.
