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Judging the Environment judicial nominations photo
 

A project tracking federal judicial nominations and courts.


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NAACP Legal Defense and Educational Fund, Inc. letter to the Senate Judiciary Committee to oppose the confirmation of Stephen S. Schwartz to the U.S. Court of Federal Claims (09/14/17)
"During his short legal career, Mr. Schwartz has consistently pursued an anti-civil rights agenda across a variety of issues, including immigrants’ rights, LGBTQ rights, reproductive rights, and voting rights. In addition, Mr. Schwartz lacks sufficient experience to serve as a federal judge, and has adopted extreme positions that are contrary to well-established law. Overall, Mr. Schwartz’s nomination continues President Trump’s disturbing trend of nominating judicial candidates who will undermine or effectively eliminate civil rights protections."

People For the American Way letter to the Senate Judiciary Committee in strong opposition to the nomination of Stephen S. Schwartz to the U.S. Court of Federal Claims (09/07/17)
"Confirming Schwartz would reward a dangerous politicization of the American judicial system. ... Five highly qualified, fully vetted jurists with enormous bipartisan support needlessly had their nominations languish for the entirety of the 114th Congress.... Schwartz only graduated from law school nine years ago. When the American Bar Association evaluates judicial candidates, it generally requires at least ten years of legal practice in order to be considered even minimally qualified. ... He has never litigated before the court to which he has been nominated and has not even been admitted to practice before the court. It appears that this nomination is based on an expectation by his supporters that Schwartz would let his conservative political ideology shape his judicial opinions. He has chosen a career in litigation advancing high-profile right wing causes."

Letter to Senate Judiciary Committee: 28 LGBT Groups Oppose Confirmation of Stephen S. Schwartz (09/06/17)
"The combination of Mr. Schwartz’s approach to important legal issues affecting the LGBT community, his history of seeking out opportunities to oppose the civil rights of LGBT and other marginalized people, and his relative inexperience in areas of the law within the jurisdiction of the Court of Federal Claims, render him unqualified for this position. ... Schwartz’s career is notable for his exceptional dedication to defending extreme positions that target members of the LGBT community, and especially transgender Americans. ... Just like his fellow nominee to the Court of Federal Claims, Damien Schiff, Mr. Schwartz’s record demonstrates that his appointment to the bench would cause grave harm to the LGBT community, as well as many other communities that rely on the federal judiciary to administer fair and impartial justice."

The Leadership Conference on Civil and Human Rights letter to the Senate: OPPOSE THE CONFIRMATION OF DAMIEN M. SCHIFF TO THE U.S. COURT OF FEDERAL CLAIMS (08/04/17)
"It is difficult to imagine a judicial nominee less deserving of confirmation than Damien Schiff, whose prolific blog posts reflect a strong hostility to civil rights, LGBT rights, women’s rights, environmental protection, campaign finance reform, and judicial precedent."

AFL-CIO letter urging Senate Judiciary Committee to oppose nomination of Stephen S. Schwartz to U.S. Court of Federal Claims (07/31/17)
"Mr. Schwartz’s record makes clear that he is an ideologue who opposes the rights of workers, African Americans, and immigrants.... Mr. Schwartz has demonstrated clear hostility toward worker protections."

NAACP Legal Defense & Educational Fund, Inc. (LDF) letter to Senate Judiciary Committee Chairman and Ranking Member opposing confirmation of Damien M. Schiff to the U.S. Court of Federal Claims. (06/28/17)
"This is not a normal, business-as-usual judicial nomination. Mr. Schiff’s views are so radical, and his qualifications to serve as a judge so lacking, that his nomination can only be understood as part of this administration’s broader attack on civil rights and government regulation."

AFL-CIO letter urging Senators to oppose to the nomination of Damien Schiff to the United States Court of Federal Claims (06/13/17)
"Damien Schiff has a record that demonstrates unbridled hostility toward worker rights. He has argued that the Occupational Safety and Health Act (OSHA) is unconstitutional.... the Senate Judiciary Committee must thoroughly review Mr. Schiff’s record, which includes a blog posting that characterized Supreme Court Justice Anthony Kennedy as a “judicial prostitute.” Americans deserve an open-minded and fair judge on the U.S. Court of Federal Claims, not one whose intemperate writing reflects a monumental lack of judgement."

Letter from 29 Environmental and Natural Resources Law Professors to Senate Judiciary Chairman and Ranking Member strongly urging them to reject Nomination of Damien Schiff to the U.S. Court of Federal Claims (06/13/17)
"Mr. Schiff has demonstrated an extraordinary level of vituperative partisanship, has frequently advocated positions falling well outside long established jurisprudential norms, and has shown little regard for the role of Congress as the nation’s primary lawmaker. We therefore fear that Mr. Schiff would seek to use a federal judicial post to advance a narrow partisan agenda rather than fairly adjudicate and decide issues of law.... Mr. Schiff has consistently used extreme rhetoric to personally demonize both his opponents in court and the federal government itself."

Letter from eleven national organizations to Senate Judiciary Committee Chairman and Ranking Member strongly urging rejection of Damien Schiff nomination to the U.S. Court of Federal Claims (06/13/17)
"On behalf of our organizations and their millions of members, we strongly urge you to reject the nomination of Damien Schiff to the United States Court of Federal Claims (CFC). Mr. Schiff has devoted most of his career to advancing an extreme judicial ideology that opposes virtually all forms of environmental safeguards at the federal, state and local levels that are designed to protect the public good. A large part of his career focuses on challenging and redefining the legal precedents regarding what forms of government actions represent “takings” that must be compensated by the federal government under the Constitution. Under Mr. Schiff’s view, nearly all environmental safeguards would qualify as takings, which would make it virtually impossible to protect our nation’s water and air from pollution and would allow most endangered species to slide to extinction.... what makes him unqualified to be a federal judge, are his tactics in public to personally demonize his opponents, to repeatedly call their motives into question, and to attack them in ideologically absolutist terms.... Mr. Schiff’s characterization of the role of government, of public servants, and of the laws themselves is equally hostile." [Letter signed by Amazon Watch; Animal Welfare Institute; Center for Biological Diversity; Center for Food Safety; Earthjustice; Endangered Species Coalition; Friends of Animals; International Marine Mammal Project of Earth Island Institute; Sierra Club; Western Watersheds Project; WildEarth Guardians]

League of Conservation Voters letter to Senate Judiciary Committee Chairman and Ranking Member strongly urging them to oppose the judicial nomination of Damien Schiff to the US Court of Federal Claims. (06/13/17)
"[H]is track record reveals that he is an extreme nominee with bias and disdain for environmental safeguards that protect the air, water, and public health. Schiff’s strong criticism of the Environmental Protection Agency (EPA) and his extreme view that the EPA should compensate property owners for losses in value resulting from the need to comply with new regulations, reveal that he lacks the proper temperament to serve in the judiciary.... Schiff statements are not only egregious but demonstrate prejudice against the EPA.... LCV strongly urges you to oppose the judicial nomination of Damien Schiff to the US Court of Federal Claims. We will strongly consider including this confirmation vote in the 2017 Scorecard."

Natural Resources Defense Council letter to Judiciary Committee Chairman and Ranking Member on nomination of Damien Schiff to the Court of Federal Claims (06/12/17)
"Mr. Schiff’s writings frequently attack and denigrate environmental safeguards and the citizens and agencies that seek to enforce them. This perspective, combined with indications that he may bring an extremely rigid judicial philosophy to the court, raises serious questions about whether he will fairly assess cases involving public health and environmental protections.... Schiff does not reserve his derision for government agencies and environmental groups, but extends it to laws Congress has adopted to protect the environment.... Schiff likewise has advocated for an activist judiciary to implement his views."

The Leadership Conference on Civil and Human Rights letter to Senate Judiciary Committee Chairman and Ranking Member in strong opposition to the confirmation of Damien M. Schiff to the U.S. Court of Federal Claims. (06/09/17)
"It is difficult to fathom a nominee less deserving of a judicial confirmation than Damien Schiff.... Mr. Schiff’s writings demonstrate that he is completely lacking in an ability to serve as a neutral arbiter and to apply the law fairly and dispassionately."

People for the American Way Letter to Senate Judiciary Committee strong opposition to the confirmation of Damien Schiff to U.S. Court of Federal Claims. (06/08/17)
"Schiff has spent much of his career litigating against environmental regulations or agency actions, demonstrating an ideological agenda in an area of importance to the Court of Federal Claims. This is particularly problematic because it has taken place against a background of statements ridiculing and impugning the motives of environmentalists.... A nominee cannot malign an entire class of litigants and then expect to be confirmed to any court, .... Schiff’s blog posts are the epitome of the coarse, strident political dialogue that the Chairman stated he was worried about. His baseless and inflammatory attacks against environmentalists are just an example of that. Perhaps most notorious is Schiff’s very personal and vulgar attack on Justice Anthony Kennedy,"

Defenders of Wildlife letter to Senate Judiciary Chairman and Ranking Member urging opposition to nomination of Damien Schiff to the U.S. Court of Federal Claims (06/08/17)
"His prolific published writings and public statements ... display a consistent hostility to government efforts to address environmental problems-- from the Endangered Species Act to the Clean Water Act to climate change measures-- and a shameful willingness to impugn the motives of those who support such measures. In every respect, Mr. Schiff's background reveals an intensely committed ideologue who lacks the temperament to be a fair and neutral federal judge."

Amendments to H.R. 2419, the 2007 Farm Bill (12/11/07)
Letter from League of Conservation Voters opposing Senator Craig's Amendment to the 2007 Farm Bill.

Takings - Opposition Letter to Senator Harkin (12/11/07)
Letter from National League of Cities, Council of State Governments, National Conference of State Legislatures, and the United States Conference of Mayors opposing to Senator Craig's amendment to the 2007 farm bill.

Environmental Groups Oppose Farm Bill Amendment (12/11/07)
Letter of Opposition from Environmental Groups to Senator Craig's amendment to the 2007 Farm Bill.

Takings - HR 4772 Opposition By Big Six (09/25/06)
On behalf of the nation’s state and local elected officials, we write to express our strong opposition to H.R. 4772, the Private Property Rights Implementation Act of 2005, and to urge you to vote no on this legislation.

Takings - HR 4772 Bloomberg Opposition Letter (09/25/06)
Mayor Bloomberg's letter of opposition to HR 4772, the Private Property Rights Implementation Act of 2005, for the House Judiciary Committee.

Takings - HR 4772 Group Opposition Letter (09/25/06)
Letter written by various environmental groups opposing HR 4772, the Private Property Rights Implementation Act of 2005, because it would undermine local protections for homeowners and communities and impose tremendous costs on taxpayers.

Takings - HR 4772 NAAG Opposition Letter (09/22/06)
Letter from the National Association of Attorneys General urging Nancy Pelosi and Dennis Hastert to oppose HR 4772, the Private Property Rights Implementation Act.

Takings - HR 4772 CCJ Opposition Letter (07/11/06)
Letter by the Council of Chief Justices opposing HR 4772, the Private Property Rights Implementation Act of 2005.

Myers - Letter of Opposition from Religious Groups (03/16/05)
Letter of Opposition from Religious Groups on the Nomination of William Myers because he could harm the Indian way of life.

Myers - AFL-CIO Letter of Opposition to Leahy & Specter (03/15/05)
AFL-CIO's Letter of Opposition to Senators Leahy & Specter on the nomination of William Myers to the Ninth Circuit Court of Appeals.

Myers - Coalition for a Fair and Independent Judiciary Letter of Opposition (02/28/05)
Letter of Opposition from the Coalition for a Fair and Independent Judiciary to the nomination of William Myers for the Ninth Circuit Court of Appeals.