Letter to express strong opposition to the nomination of Stephen S. Schwartz to the US Court of Federal Claims

The Honorable Mitch McConnell
United States Senate
S230 US Capitol
Washington, DC 20510

The Honorable Charles Grassley
Senate Committee on the Judiciary
224 Dirksen Senate Office Building
Washington, DC 20510

The Honorable Charles Schumer
United States Senate
5221 US Capitol
Washington, DC 20510

The Honorable Dianne Feinstein
Senate Committee on the Judiciary
152 Dirksen Senate Office Building
Washington, DC 20510

Dear Leader McConnell, Leader Schumer, Chairman Grassley, and Ranking Member Feinstein:

The National Council of Jewish Women (NCJW) writes to express its strong opposition to the nomination of Stephen S. Schwartz to the US Court of Federal Claims. Schwartz has worked to uphold voter suppression in North Carolina, fight against immigrant rights in Florida, and resist transgender rights in Virginia. Currently, he is defending the state of Louisiana against constitutional challenges to seven bills that severely restrict access to abortion care enacted in 2016 by the state legislature. He also represents Louisiana’s efforts to restrict women’s access to abortion care by requiring physicians to have admitting privileges at a local hospital if they perform abortions, even though the Supreme Court has already struck down a similar Texas law.

At his Senate Judiciary Committee hearing, Schwartz refused to discuss the ideological bent of his career. Indeed, his alliance with the right would severely undermine the court’s appearance of neutrality. Until last year, Schwartz worked at the far-right Cause of Action Institute, a nonprofit legal advocacy group funded by the Koch brothers.

Notably, Schwartz has no experience practicing before the Court of Claims. Given the unique nature of this court, having practiced before it should at least be a baseline for consideration. This career opponent of civil rights lacks the requisite experience to be elevated to the federal bench. While his term would be set at 15 years, a seat on that court could be a stepping stone to a lifetime appointment. Accordingly, we strongly urge the Senate Judiciary Committee to vote against his confirmation to the Court of Federal Claims.

Sincerely,

Sheila Katz

CEO, National Council of Jewish Women