Senator Cory Booker on Judges

This is another installment of an ongoing series of posts summarizing 2020 Democratic presidential candidates' views on judges and the courts. All posts in this series can be viewed here.

On Neil Gorsuch: Voted No.[1]

“I will be opposing Neil Gorsuch, President Trump's Supreme Court nominee, every step of the way as his nomination moves through the Senate. Requiring 60 Senate votes is not something new for Supreme Court nominees to overcome. It helps ensure that presidents seek nominees whose views are in the mainstream. And make no mistake: Judge Gorsuch is out of the mainstream.” [2]
“Based on what I have read of his past rulings and statements, I believe that Judge Gorsuch's interpretation of the Constitution falls far outside of the mainstream and I question whether he will put the interests of working families in New Jersey and throughout the country before those of big corporations, or adequately protect the rights of women, minorities, and our LGBTQ brothers and sisters. Any Supreme Court nominee must possess a judicial philosophy and track record that promotes the equal rights of all people and shows an understanding of how the Court's decisions impact the lives of everyday Americans -- I will hold Judge Gorsuch and all future nominees to this fundamental standard.” [3]

On Brett Kavanaugh: Voted No. [4]

Stated that those who support Justice Kavanaugh are “complicit in the evil,” stating “I’m here to call on folks to understand that in a moral moment, there is no neutral. In a moral moment, there is no bystanders. You are either complicit in the evil, you are either contributing to the wrong, or you are fighting against it.” [5]
Released confidential documents from Justice Kavanaugh’s time as White House Counsel, declaring “This is about the closest I’ll probably ever have in my life to an ‘I am Spartacus’ moment.” [6]
Demanded his Twitter followers flood the Senate with phone calls opposing the nomination, stating that “the time to call your senators is now. #StopKavanaugh #BelieveSurvivors.” [7]
Stated that Justice Kavanaugh “has an immensely troubling record on issues that impact everyday Americans. President Trump has been clear about his intent to nominate only justices that support overturning Roe v. Wade, and there’s no question Judge Kavanaugh has passed this litmus test. He’s demonstrated a hostility to the Affordable Care Act that the Trump administration is continually working to undermine. And his decisions show a clear favoritism toward corporations over workers trying to organize for better wages and working conditions.” [8]

His opposition to Trump’s Judicial Nominees: Senator Booker has only supported 13% of President Trump’s judicial nominations. [9]

Has asked judicial nominees about their religious beliefs, including whether certain behaviors “are a sin.” [10]
Under the Obama administration, Senator Booker called on Republicans to speed up the confirmation process due to the crisis in the courts: “Today’s vote couldn’t come at a more urgent time—Judge Martinotti’s nomination has been pending in the Senate for over a year, and 24 other judicial nominations are still pending before the Senate while 83 federal judgeships sit vacant nationwide. We simply cannot expect our federal judicial system to function as intended when these critical positions are left vacant for months and years at a time. It’s past time for Senate Republican leadership to bring the rest of the Senate’s pending judicial nominations up for a vote, including that of Judge Julien Neals.” [11]

Position on expanding the Supreme Court:

Senator Booker has not expressed a position on expanding the Supreme Court, but has stated that he is “open to these kind of conversations. [12] Senator Booker has also said that he is supportive of term limits for Supreme Court justices. [13]

What kind of Supreme Court justice would he appoint?:

“Any Supreme Court nominee must possess a judicial philosophy and track record that promotes the equal rights of all people and shows an understanding of how the Court's decisions impact the lives of everyday Americans -- I will hold Judge Gorsuch and all future nominees to this fundamental standard.” [14]
When President Trump had the opportunity to replace Justice Kennedy, Senator Booker gave an indication of what is important to him: “This is an enormously consequential moment for the future of our democracy. What’s at stake are some of our most important values and ideals – the rights of women to make their own medical decisions, voting rights, the rights of workers to organize for better wages and working conditions, the principle of equal justice under the law, and many more. Our next Supreme Court justice should be a champion for protecting and advancing rights, not rolling them back.” [15]
Senator Booker described the Court’s ruling protecting public-sector workers from forced union dues as follows: “Today’s Supreme Court ruling is an outright attack on the rights of working men and women everywhere. By ruling in favor of so-called ‘right to work’ laws —which have their origins in the Jim Crow era—this decision marks yet another distressing victory for the corporate interests and billionaires that have sought to dilute worker power for decades. I will continue to fight against the relentless efforts to undermine workers’ rights and do everything in my power to make it easier—not harder—for working people to join unions.” [16]

His views about the role of the courts:

Senator Booker explained his view of the courts as follows: that they should “put the interests of working families in New Jersey and throughout the country before those of big corporations, or adequately protect the rights of women, minorities, and our LGBTQ brothers and sisters.” [17]
Has stated that courts ought to be “the great equalizer.” [18]
In criticizing the nomination of Justice Gorsuch, Senator Booker made clear that courts ought to play favorites based upon the party before them, rather than blindly applying the law: “Trump's Supreme Court nominee is somebody whose record shows he chooses the big and powerful over the rights of everyday Americans. Trump has nominated somebody whose legal decisions seem to push back on disability rights, push back on women's rights, push back even on workers rights and free speech rights. For instance, in one case he sided with corporations against people speaking out against dangerous working conditions.” [19]

Last Updated: May 7, 2019

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Works Cited:

[1] RCV No. 111: https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=115&session=1&vote=00111.

[2] https://www.facebook.com/corybooker/posts/i-will-be-opposing-neil-gorsuch-president-trumps-supreme-court-nominee-every- ste/10156513458332228/

[3] https://www.booker.senate.gov/?p=press_release&id=531

[4] RCV No. 223: https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=115&session=2&vote=00223

[5] https://thehill.com/homenews/senate/398681-booker-those-who-dont-oppose-kavanaugh-are-complicit-in-the-evil

[6] https://www.washingtonpost.com/opinions/cory-bookers-spartacus-moment/2018/09/07/8c97eaee-b2f6-11e8-aed9-001309990777_story.html

[7] https://twitter.com/CoryBooker/status/ 1047860627933421568

[8] https://www.booker.senate.gov/?p=press_release&id=823