By Ann G. Daniels

The bad news: Steven Menashi, nominated to the super-important Second Circuit Federal Court of Appeals, thinks it’s “obvious” that Western culture, government, science, etc. is superior to everything else, especially everything Muslim; was a top legal advisor on Betsy DeVos’ plan to protect for-profit colleges that ripped off their students; and has denounced feminists, LGBTQ+ rights, and diversity efforts. The good news: he’s so bad that even Sen. Susan Collins has said she’ll oppose him, and his supporters in the administration and the Senate repeatedly had to postpone the Senate Judiciary Committee vote on his nomination before the Committee passed the nomination 12-10 on party lines on November 7. The bad news: now the nomination proceeds. And while we don’t yet have a date for the next vote, and trying to predict what the Senate will do is a little like trying to predict the future by reading chicken entrails, we have to be ready.

More good news, though: Senators Feinstein and Harris – both of whom voted no in the Senate Judiciary Committee – have already spoken out on this appalling nominee. And there’s a chance that Sen. Collins and other Republicans will cross party lines when the full Senate votes.

Senator Feinstein has expressed her concerns about Menashi’s “role at the White House” and his lack of disclosure about his work there, including on issues including family separation; and about his work under Betsy DeVos and the Department of Education’s efforts to reverse sexual assault protections, use federal funds to buy guns for teachers, and reverse attempts to crack down on deceptive for-profit colleges. She has also expressed deep concern over his racist statements, since a judge – especially in an area as diverse as that governed by the Second Circuit – must be impartial toward all who come before him

Similarly, Senator Harris has stressed that Menashihas refused to answer questions” about his work in the White House or whether he was “involved in Trump’s call with Ukrainian President Zelensky,” and she has also cited his work for Betsy DeVos on “predatory for-profit colleges.” She finds his nomination “Unacceptable.” 

We agree. As the NAACP so eloquently says: “Steven Menashi has a vile, offensive record … Under no scenario should he sit in Thurgood Marshall’s former seat on the Second Circuit and preside in the Thurgood Marshall Courthouse.”

What to do:

Please thank our Senators for speaking out on this unacceptable nominee, and urge them to stand strong and keep speaking out.

What to say:

My name is ___, my zip code  is ______, and I’m a member of Indivisible East Bay. I want to thank Senator _____ for speaking out with her concerns about Steven Menashi, and I want to urge her to keep speaking out. I trust she will vote NO on Menashi’s confirmation to the U.S. Court of Appeals and I hope she’ll do everything possible to persuade her colleagues to vote NO. Menashi has shown that he’s hostile towards Muslims, women, the LGBTQ+ community, lower-income families, and immigrants. He cannot be trusted to fairly decide matters before the court. 

  • Sen. Dianne Feinstein: (email); (415) 393-0707 • DC: (202) 224-3841
  • Sen. Kamala Harris: (email); (415) 981-9369 • DC: (202) 224-3553

Do you live outside California, or have friends or family in other states? Use this link to find contact info for your Senators: Or call the Capitol Hill switchboard at (202) 224-3121, ask to be transferred to your Senator, and say this:

Hello, my name is ____ and my zip code is _____. Please vote NO on Steven Menashi’s confirmation to the U.S. Court of Appeals. Menashi has shown that he’s hostile towards Muslims, women, the LGBTQ+ community, lower-income families, and immigrants. He cannot be trusted to fairly decide matters before the court. 


Ann G. Daniels’ checkered professional background includes practicing law, reproductive rights advocacy, creating web content for nonprofits and educational organizations, and teaching adult and family literacy. She also designs jewelry, teaches knitting, and sings second soprano.

“Thurgood Marshall U.S. Courthouse”, photograph by Ken Lund



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