“Democracy needs our help, but I’m here to tell you that I have faith”

WASHINGTON, D.C. — U.S. Senator Alex Padilla (D-Calif.), a member of the Senate Judiciary Committee, delivered the welcome address at the opening dinner of the American Constitution Society’s 2022 National Convention. During his address, Senator Padilla spoke on the work being done to build a more diverse and representative federal judiciary and the importance of protecting and strengthening our democracy. Padilla shared his moving interaction with Judge Ketanji Brown Jackson during her Supreme Court confirmation hearings and called on the next generation of leaders to continue to persevere.

Key Excerpts:

• As a member of the Senate Judiciary Committee, I’m proud of the work we have done, and will continue to do to make our courts better reflect the America they serve. And I’m especially proud of the nominees we’re confirming for the federal district and circuit courts in California.

• Judge Jackson’s confirmation was a moment of incredible pride and hope for our nation. I asked Judge Jackson what she would say to the young people watching—what advice she had for their moments of trial and doubt. Judge Jackson passed on a powerful message she received from a stranger during her first year at Harvard when another Black woman saw her in a moment of self-doubt. She said, “I would tell them to persevere.”

• That charge—to persevere—just about sums up Judge Jackson’s testimony. But more than that, it lies at the heart of American democracy.

• From Gettysburg to Seneca Falls. From a bridge in Selma to a bar called Stonewall. From the East LA Walkouts to the Capitol Crawl for disability rights. Our democracy grows through the faith and power of people who persevere. None of that progress has come easily. Every fight for justice is marked by setbacks. We are still working to realize the truth that ALL are created equal… Today, it’s our turn to persevere in a critical moment.

• Now, we’re seeing just how close we came to losing our democracy as the bipartisan Select Committee presents their findings on the insurrection of January 6th…Despite the failure of January 6th, President Trump and his allies are undeterred. They’re already rallying to intimidate voters with partisan poll watchers. They’re working to put election deniers into office as election administrators and secretaries of state.

• So I need each of you to ask yourself: How will you step up for our democracy? In the spirit of Justice Ketanji Brown Jackson, how will YOU persevere?

• This work is not easy. Strengthening our democracy has never been easy. But you have the tools and resources to make a difference. And this is a fight that no one can afford to sit out.

The ACS 2022 Convention is the premier progressive legal gathering of the year, bringing together lawyers, law students, scholars, judges, advocates, and policymakers to address some of the most urgent and challenging issues confronting our nation. Through its diverse nationwide network of progressive lawyers, law students, judges, and scholars, ACS works to uphold the Constitution in the 21st Century by ensuring that law is a force for protecting our democracy and the public interest and for improving people’s lives.

A transcript of Padilla’s remarks as prepared for delivery are below:

Hello and good evening. I’m honored to be with you for this National Convention. Let me first say, I join you in celebrating the work of this evening’s honorees and award winners. I also want to thank ACS for the critical work you do on behalf of our democracy and the rule of law.

In the past year and a half, you have played a vital role in reshaping our federal bench. ACS has spoken out on the need for a fairer and more representative judiciary. I’m proud to say that the Senate Judiciary Committee and the President of the United States have heard your call.

In the previous administration, 230 judges were appointed to the federal courts. More than 80 percent were white, and nearly 80 percent were men. Lawyers with significant private practice and prosecutorial experience were vastly overrepresented.

But over the last year and a half, the Senate, working with President Biden, has turned that course around. Of the 116 nominees announced so far, nearly two-thirds have been people of color, and about three-quarters are women. More than half also add professional diversity to our courts.

As a member of the Senate Judiciary Committee, I’m proud of the work we have done, and will continue to do to make our courts better reflect the America they serve. And I’m especially proud of the nominees we’re confirming for the federal district and circuit courts in California.

Our victories also extend to our nation’s highest court. This summer, Judge Ketanji Brown Jackson will join the Supreme Court. A brilliant legal mind. A former public defender. And, after more than two hundred years, the first Black woman to sit on the Supreme Court. Judge Jackson’s confirmation was a moment of incredible pride and hope for our nation.

It has been a highlight of my career to participate in her Senate hearing, and to strongly support her bipartisan confirmation on the Senate floor. And yet, for many of us, Judge Jackson’s confirmation process was also deeply troubling.

During her hearings, Judge Jackson faced down relentless hostility and bad faith attacks from several of my Republican colleagues. Many Americans saw their own experiences reflected in hers. In response to this unfair antagonism, Judge Jackson gave a masterclass on grace. On Day Three of her long hearings, I asked Judge Jackson what she would say to the young people watching—what advice she had for their moments of trial and doubt. Judge Jackson passed on a powerful message she received from a stranger during her first year at Harvard when another Black woman saw her in a moment of self-doubt.

She said, “I would tell them to persevere.”

That charge—to persevere—just about sums up Judge Jackson’s testimony. But more than that, it lies at the heart of American democracy.

Think about it. From Gettysburg to Seneca Falls. From a bridge in Selma to a bar called Stonewall. From the East LA Walkouts to the Capitol Crawl for disability rights. Our democracy grows through the faith and power of people who persevere.

None of that progress has come easily. Every fight for justice is marked by setbacks. We are still working to realize the truth that ALL are created equal. But each of us is here today because of a long line of people who fought for a more inclusive democracy. And it is our responsibility to leave that democracy stronger than we found it for the next generation.

Today, it’s our turn to persevere in a critical moment.

In the previous administration, we saw a president exploit cruelty, weaponize disinformation, and outright lie about even the most basic of truths in order to sow distrust in our institutions. Now, we’re seeing just how close we came to losing our democracy as the bipartisan Select Committee presents their findings on the insurrection of January 6th.

Let me acknowledge my friend, Representative Jamie Raskin, who is here tonight, and is doing the critical work of our democracy as a member of that Select Committee.

Prior to joining the Senate, I served as California’s Chief Elections Officer. I was a firsthand witness on the frontlines against the push to undermine our democracy in advance of the 2020 election. A push that culminated on January 6th. After losing a free and fair election, the former President refused to concede. Instead, he invited and incited a mob to attack our nation’s Capitol and prevent the peaceful transfer of power. What was once my fear is now proving to be true: 2020 was just a warmup.

Despite the failure of January 6th, President Trump and his allies are undeterred. They’re already rallying to intimidate voters with partisan poll watchers. They’re working to put election deniers into office as election administrators and secretaries of state. 

Just this week, we saw an election denier become the Republican nominee for Secretary of State in Nevada, and are witnessing Republican officials in New Mexico baselessly refuse to certify a local election.

Let’s be clear: they’re laying the groundwork to try to sabotage our democracy again, this fall and in 2024. Meanwhile, the Supreme Court continues to chip away at the foundations of our democracy. From Shelby County and Brnovich, to Citizens United and more, the Supreme Court has used its power not to safeguard, but to undermine voting rights and democratic participation.

And at the same time, as it limits the power of Americans to make their voices heard, the Court has used its own power to weaken and dismantle other settled rights. Just six weeks ago, we saw the dangerous draft opinion that will likely overturn Roe v. Wade, and leave this generation of women with fewer rights than their mothers. In decision after decision, an emboldened right-wing majority of the Supreme Court is rewriting history and overturning settled precedents in order to undo hard won progress. 

And, of course, in the Senate, we have seen bill after bill stalled and obstructed by Senate Republicans exploiting the filibuster. They have weaponized this tactic to block popular, common sense bills to protect voting rights and strengthen our democracy. 

Instead of making progress for the people, we are held back by an arcane procedure with no basis in the Constitution. Democracy needs our help.

But I’m here to tell you that I have faith. Just like the generations before us, we must roll up our sleeves and do the work. That is the fight of my life.

I was drawn into politics as a 21-year-old, just months after graduating college with a degree in mechanical engineering. I saw my community threatened by Proposition 187, a California ballot measure that sought to deny public benefits to immigrant families. And I realized quickly that people like me needed our own seat at the table.

That belief drove my work as a city councilmember for Los Angeles and a California state senator. It shaped my approach as California’s secretary of state, because I believe in that most basic lesson of high school civics: that our democracy works best when everyone is included. 

With automatic voter registration and expanded mail-in voting, we set records for the highest percentage of registration and turnout since the 1950s.

Now, in the Senate, I’m fighting to pass the Freedom to Vote Act. To reauthorize the Voting Rights Act. And to end the filibuster to protect our democracy. I’m also working with President Biden to rebuild our federal judiciary with more voices, more perspectives, and more experiences. 

But there is so much more to be done, and clearly, progress doesn’t just come from here in Washington. This fight requires all of us.

So I need each of you to ask yourself: How will you step up for our democracy? In the spirit of Justice Ketanji Brown Jackson, how will YOU persevere?

As lawyers, you have unique abilities to serve. We need you to volunteer for judgeships on state and federal courts—and if you can’t, then help us find good candidates. We need you to represent people who are unheard in our courtrooms, or locked out by a lack of resources. We need your help to realize the promise of equal justice under law.

As citizens, you can and must also join in the work that keeps our democracy running. We need poll workers and election judges. We need civil servants and volunteers. We need people to run for office, at every level, to strengthen our institutions and our communities. 

This work is not easy. Strengthening our democracy has never been easy. But you have the tools and resources to make a difference. And this is a fight that no one can afford to sit out.

I thank you for inviting me here tonight. I thank you for the work you have already done on behalf of our democracy. And I thank you for the ways you will continue to serve.

God bless you. And God bless the United States of America.

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