On November 6, 2019, President Trump announced his intent to nominate Andrew Brasher to the United States Court of Appeals for the Eleventh Circuit. Brasher is nominated to replace George H.W. Bush appointee Edward Carnes, and if confirmed would be the sixth Trump nominated judge to the thirteen-person Eleventh Circuit. With the recent confirmations of Robert Luck and Barbara Lagoa, there are now seven Republican appointed judges and six Democratic appointed judges on the court.
Brasher is just 38 years old. He has only been a district court judge for six months. In that time, he has presided over just three trials that have gone to judgment; none of which were criminal matters. He has not written a published decision or an opinion concerning significant constitutional issues.
In other words, it is clear that Brasher was not nominated because of his long career as a lawyer or his experience as a judge. He was nominated because he will be a reliable vote on the bench to advance ultraconservative policies. In his short career as a lawyer, Brasher fought against voting rights, rights for women, communities of color, and the LGBTQ community and zealously worked to dismantle consumer, worker, and environmental protections.
Throughout his career, Andrew Brasher has advocated for ideologically extreme positions and his record suggests that he will not be a neutral and fair-minded judge. For these reasons, Alliance for Justice strongly opposes his confirmation to a lifetime seat on the Eleventh Circuit.
Alliance for Justice also compiled this early look at Brasher’s record when he was nominated to the District Court for the Middle District of Alabama in 2018.