Kathryn C. Davis

Nominated for a Lifetime Position to:
The United States Court of Federal Claims
Nomination Status:

Nominated by President Trump on February 4, 2020

Senate Judiciary Committee Hearing: February 12, 2020

Senate Judiciary Committee Markup: May 14, 2020 (Read NCJW’s letter to the Senate opposing Kathryn C. Davis)

Cloture Filed: November 18, 2020

Senate Floor Vote: Confirmed on November 30, 2020

Fair? No
Independent? No
Qualified? No

NCJW opposes Kathryn C. Davis. Here’s why:

During Kathryn C. Davis’ time as senior counsel in the Federal Programs Branch of the US Department of Justice’s Civil Division, she has defended extreme immigration and human rights policies. She served as lead counsel on two cases in which she defended President Trump’s decision to rescind the Deferred Action for Childhood Arrivals (DACA) program. Almost 700,000 people currently rely on DACA, which helps children brought illegally to the United States become eligible for work permits and defers deportation. Davis also defended the administration’s decision to fund a border wall through the declaration of a national emergency, a move widely condemned as unconstitutional, lawless, and an abuse of power. 

Across the Bush, Obama, and Trump Administrations, Davis handled a number of challenges to detention brought by detainees held in the Guantanamo Bay Detention Facility. Notably, she defended the government’s policy of force-feeding Guantanamo Bay detainees who were on hunger strikes to protest government policies. Force-feeding is considered cruel, inhuman, and degrading punishment by the International Red Cross, the World Medical Association, and the United Nations. 

Davis’s clear commitment to anti-immigration policies is abhorrent and she should not be rewarded by an appointment to the United States Court of Federal Claims. 

It is critical to have federal judges who are committed to our standards of being fair, independent, and qualified. Davis has spent her career confirming that she is neither of those things and instead is deeply committed to pushing partisan, ultraconservative politics. NCJW deeply opposes her appointment to the federal bench. 

Because #CourtsMatter, NCJW believes all federal judges must be:


Do they respect equality and justice for all and understand the impact of the law on everyone?


Are they impartial, nonpartisan, and not influenced by outside parties or interests?


Have they been objectively assessed for their experience, competence, principles, and temperament?

I want federal judges who are fair, independent, and qualified.