An Independent Judiciary

Opening the Courthouse Doors

Senator Casey believes a strong and independent judiciary is fundamental to our democracy, and he is committed to protecting access to the courthouse for all citizens. Whether through ensuring the federal bench is fully staffed with judges who reflect the diversity of their communities, or through ensuring that everyday Americans are not unfairly deprived of their day in court, Senator Casey believes that equal justice is our common project. While he has a long record of working in a bipartisan way with his Senate colleagues and three Presidential Administrations to support qualified, mainstream judges for seats on the federal courts in Pennsylvania, Senator Casey takes seriously his Constitutional duty to advise and consent and will not rubber-stamp unqualified or ideological nominees.

  • Senator Casey has worked to confirm 18 judges to District Courts in Pennsylvania since entering the Senate, and he is pushing to confirm additional District Court judges. One of his top priorities has been bringing greater diversity to the Courts in Pennsylvania so that the federal bench better reflects the diversity of the Commonwealth. He is proud to have supported the confirmation of numerous African American, Latino and female judges and will continue in his efforts to increase diversity and representation on the courts. Senator Casey has supported Senate consideration of 5 individuals who have been confirmed to Third Circuit Court of Appeals seats in Pennsylvania, including one Latino and one female judge. While he continues to work in good faith with his Senate colleagues and the White House on judicial nominations, Senator Casey has also exercised his right to object to the nomination of individuals who he believes will put the interests of the wealthy and the powerful ahead of ordinary Americans on issues like health care, civil rights and workers' rights.
  • Senator Casey introduced the bipartisan Protecting Older Workers Against Discrimination Act, which would restore the standard, eroded by the Supreme Court’s 2009 decision in Gross v. FBL Financial Service, Inc., that allows plaintiffs to bring workplace age discrimination claims as long as discrimination was a motivating factor, even if not the sole or overriding factor in an adverse employment decision.
  • Senator Casey is the author of the bipartisan Pregnant Workers Fairness Act to protect pregnant workers from discrimination and ensure that they are given reasonable accommodations in the workplace.
  • Senator Casey cosponsored the Arbitration Fairness Act, which would invalidate pre-dispute forced arbitration clauses in consumer and employment contracts. These clauses often prevent those who feel their rights have been violated from seeking redress in court.
  • Senator Casey signed a letter to the Consumer Financial Protection Bureau (CFPB) expressing support for its proposal to put new restrictions on the use of pre-dispute forced arbitration clauses in financial services contracts.
  • Senator Casey signed a letter to the Centers for Medicare and Medicaid Services (CMS), urging the agency to ban pre-dispute forced arbitration clauses in long-term care facility contracts.

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