Progressive Groups Are Trying To Sink One Of Biden's Judicial Nominees

More than 20 progressive organizations are launching a campaign to try to sink one of President Joe Biden ’s judicial nominees, Jennifer Rearden, who they say has “worked against the interests of historically oppressed members of our communities.”

Groups including Sunrise Movement, the Center for Biological Diversity and New York Public Interest Research Group wrote to Democrats on the Senate Judiciary Committee on Monday urging them to oppose Rearden’s nomination to the U.S. District Court for the Southern District of New York. They noted that Rearden was previously nominated by President Donald Trump , and accused her of routinely putting corporate interests above everyday people in her work as a partner at the international law firm Gibson, Dunn & Crutcher.

“Rearden’s record litigating cases defending housing discrimination, seeking to overturn worker protections, and challenging improved access to transportation for wheelchair users makes her unsuitable for this appointment,” the groups said.

They point to Rearden’s responses in the 2020 nomination questionnaire she submitted to the Judiciary Committee when she was nominated by Trump. In one section, where she was asked to list 10 important litigation matters, Rearden highlighted a case in which she represented a New York real estate company against allegations that it had discriminated against tenants with HIV/AIDS. In another section about her pro bono work, Rearden listed her help for a charter school organization in overturning a state Department of Labor ruling that charter schools were subject to “prevailing wage” requirements.

Rearden also represented Uber in a case challenging a rule requiring improved access to transportation for wheelchair users, the groups said. That case resulted in a new rule in which the average estimated wait times for wheelchair-accessible vehicles for Lyft and Uber grew worse, “up to five times longer than for inaccessible vehicles.”

“President Biden has committed to nominating judges that ‘represent the best of America’ and whose legal experiences have been historically underrepresented on the federal bench, including those who are public defenders, civil rights and legal aid attorneys, and those who represent Americans in every walk of life,” the groups said in the letter. “Based on a review of her own litigation record and her firm’s representation of corporate interests as opposed to the interests of everyday Americans, we believe Rearden’s confirmation would accomplish the opposite of the president’s laudable aspiration.”

Here’s a copy of their seven-page letter:

The progressive groups’ letter marks the first time in Biden’s presidency when factions of his own party are trying to tank one of his court picks. Biden has otherwise enjoyed a smooth confirmation process for dozens of his judicial nominees. Many of his judges are historic firsts , not only in terms of racial and gender demographics but also in professional backgrounds. Progressive have largely hailed his judicial nominations so far.

But one advocate associated with the organizations that signed onto the letter said Rearden crossed a line for them and they are prepared to wage a full-blown campaign against her nomination, well beyond the letter they sent to Democrats on the Judiciary Committee.

“Groups [are] just getting started,” this advocate said in a Thursday email.

A spokesperson for Sen. Dick Durbin (D-Ill.), chair of the Judiciary Committee, did not respond to a request for comment.

A White House spokesperson did not respond to a request for comment.

Sen. Kristen Gillibrand (D-N.Y.) recommended Rearden to Biden for the court seat, and introduced her at her confirmation hearing last week.

“Ms. Rearden’s legal knowledge, proven analytical skills and temperament make her extremely qualified to serve as a district court judge,” Gillibrand said at the time. “For the last 15 years, Ms. Rearden has served as a partner at Gibson Dunn in New York, where she gained experience and expertise that she will bring to the federal bench.”

A Gillibrand spokesperson did not respond to a request for comment on the progressive groups’ criticisms of Rearden. 

Instead, her office pointed to public letters of support for Rearden submitted to the Judiciary Committee. One is from Jeffrey Gracer , who served as co-counsel with Rearden in an environmental cost recovery case. Another is from Michael Gerrard , a professor of environmental law at Columbia Law School.

Rearden has regularly helped raise money for Gillibrand. She notes in her nomination questionnaire  submitted to the committee that she has “co-hosted several fundraisers for Senator Kirsten Gillibrand at the offices of Gibson, Dunn & Crutcher LLP.”

“For all of those fundraisers, my responsibilities principally consisted of arranging for the use of Gibson Dunn space, inviting Gibson Dunn attorneys (and sometimes others), and asking invitees to make a donation,” Rearden wrote.

Rearden’s confirmation hearing came and went with little fanfare. The only pushback she got was from Sen. John Kennedy (R-La.), who berated her and two other judicial nominees for declining to take the bait on a political question designed to elicit criticism of Democrats.

It’s now up to the committee to vote on whether to send Rearden’s nomination to the Senate floor, which is likely to happen in the next week or two.

This article has been updated with details about Sen. Kirsten Gillibrand’s connection to Rearden.