With high profile Supreme Court cases making the front pages of newspapers around the country, the federal judiciary is getting some attention. But generally, this third branch of government gets little notice and is a bit of a mystery to most people. And yet, the federal judiciary impacts every aspect of our lives to the quality of the water we drink and the air we breathe to safety and fairness in the workplace to whether we can decide when or whether to have children to the very basics of our democratic way of life, like voting. There is almost no aspect of life and our society that isn’t touched by the federal courts.

Here are some basics about this critically important branch of government:

·   The US Constitution, Article III Section 1, says very little about the federal courts. In Article III, Section I, it says: “The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.”

·   The “inferior courts” or lower courts as they are commonly called, include the federal district courts and the circuit courts of appeal. Today, there are 94 district courts across the country with some 677 judges and 13 circuit courts with 179 judges.

·   The nine justices on the US Supreme Court, which is the highest court in the land, hear very few cases each year in comparison with the lower courts which makes the lower courts the last word when it comes to most cases.

·   The US president nominates all federal judges who serve life tenures. Article II, Section 2 of the US Constitution specifies that the US Senate has the right to “advise and consent” to presidential nominations including judges.

·   Every US senator votes on every judicial nominee who must receive a majority of votes in order to be confirmed to their lifetime seat on the court.

We have the power to influence the president and our senators in regards to who will become a judge, sitting for life on a federal court that will decide which state and federal laws are constitutional, what rights we have, and how the laws are applied. We can:

·   Ask presidential and senatorial candidates what kinds of judges they would nominate or approve. The answer to that question can inform our vote.

·   Demand that the president and senators choose judges who represent the full range of demographic and professional diversity — judges who look like America and bring a variety of knowledge and experience to the bench.

·   Demand that the president and senators choose judges with a proven record of fairness, independence, and faithfulness to constitutional values like equality and justice for all.

·   Educate ourselves and others about the federal courts, their actions, and our role influencing the kinds of judges who sit in lifetime positions on these courts.

As grassroots activists we can strengthen our democracy by increasing public awareness and understanding. We can track important cases and know what the consequences are if courts decide one way or the other. Importantly, when we talk about these cases and what’s at stake, we pull back that shroud of mystery and empower the people to understand how our lives are impacted.

And when the courts make decisions with which we disagree or are considering rolling back established rights, remember, the three branches of government are designed to check and balance one another. Congress does have the power to pass federal legislation and we elect Congress! That’s why the Workers Circle has been on the frontlines of legislative advocacy and direct action for generations and continues that important work today.

For more information, see:

https://www.acslaw.org/judicial-nominations/

https://courtsmatter.org/

https://www.afj.org/our-work/judicial-nominations/nominees/