Fact Sheet | Legislation | Take Action
Courts and judges across the country make many important and vital decisions that affect women and families. Judges have the ability to make landmark decisions that have national implications on laws affecting women’s rights, civil rights, the rights of individuals with disabilities, workers rights, immigrant rights and more.
While most people understand the role of the Supreme Court and the importance of a Supreme Court judge, fewer pay attention to the lower federal courts. Yet these courts can have an even greater impact on the law than the Supreme Court. While the Supreme Court typically hears fewer than 100 cases a year, the U.S. courts of appeal – the federal courts immediately below the Supreme Court – decide almost 30,000 cases a year. Further, the judges in these courts are appointed for life and have the power to change our nation’s laws for decades to come.
Federal judges across the country issue many significant verdicts that affect women and families. These judges have the ability to make landmark decisions that have national implications on laws affecting the rights of women, minorities, individuals with disabilities, workers, immigrants and others.
The president plays the lead role in choosing Supreme Court justices as well as federal judges. Presidents frequently have the opportunity to appoint at least one new member to the United States Supreme Court, and the legislative philosophy of that individual has a significant impact how our country’s laws are interpreted.
When it comes to making appointments, some argue that the president should support judges who will uphold a strict interpretation of the law based on what the founders intended when the United States Constitution was written. This philosophy is called strict constructionism. Strict constructionists also believe that the judicial branch of government should not interpret the law in a way that makes public policy decisions. They argue that such a function belongs to the legislative branch.
Others argue that it’s not prudent for the president to choose judges who confine their judicial analysis to the way laws were interpreted hundreds of years ago. These individuals believe that a judge should look at the history of the issue and the intent of the elected officials who wrote the law, but also consider how the law works in modern day society and with modern day practices and policies.
YWCA Position
Racial Justice includes policies that contribute to the elimination of racism. This includes but is not limited to policies that address immigrant rights, judicial nominations and voter protection.
The judicial branch of government plays an important role in protecting the rights of all. The YWCA supports judicial nominees who will help ensure that the rights of all Americans are protected.