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Activism 101 Profiles
Matthew Schwartz’ Record Against Reproductive Freedom
We strongly oppose Matthew Schwartz, Trump's Pick for the U.S. Court of Appeals for the Second Circuit
Key Takeaways
- Reproductive Freedom for All strongly opposes Matthew Schwartz for the U.S. Court of Appeals for the Second Circuit.
- Reproductive Freedom for All opposes his nomination due to his record of hostility toward reproductive freedom.
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- Matthew Schwartz has been heavily entangled in highly politicized litigation representing President Trump and members of his family.
- Matthew Schwartz also has a record of attacking other fundamental rights, including LGBTQ+ equality, and racial justice.
- Trump has a deeply troubling track record of nominating judges who oppose reproductive freedom, reflecting the Trump administration’s vision for courts that are hostile to the basic reproductive rights and freedoms of all Americans.
Who is Matthew Schwartz?
Matthew Schwartz was nominated by President Trump to a lifetime appointment to the U.S. Court of Appeals for the Second Circuit. Reproductive Freedom for All strongly opposes his nomination due to his extensive record of hostility toward reproductive freedom.
In his recent private practice work, Schwartz has been heavily entangled in highly politicized litigation representing President Trump and members of his family.
Dive Deeper: Matthew Schwartz’ Anti-Repro Record
Opposition to Reproductive Freedom
Schwartz authored a 1998 article where he criticized Princeton University’s decision to hire a professor based on the professor’s views regarding decisions surrounding the end and start of life for children with severe health conditions.
Schwartz equated the professor’s writings to being a “promotion of infanticide and eugenics.” He falsely alleged that the professor’s arguments about end of life care for infants made it so that there was “no moral difference between abortion and infanticide.”
Clerked for Anti-Abortion Supreme Court Justice
Schwartz clerked for Justice Alito when the Supreme Court upheld anti-abortion legislation in Gonzalez v. Carhart, a decision that greenlit states’ efforts to enforce a ban on a common, safe, and medically proven effective method of abortion over the needs of patients and their medical providers.
Affiliations with Anti-Reproductive Freedom Organizations
Schwartz has been a member of the Federalist Society since 2000. The Federalist Society is a well-funded, conservative legal network that exerts influence through law schools, professional networks, and conferences, and over the judiciary at large. It serves as a talent and influence pipeline for the conservative movement to cultivate young lawyers and then pack the courts with judges who will execute their unpopular agenda, which includes undermining reproductive freedom.
Career
- Bachelor of Arts, Princeton University, 2000
- Juris Doctor, Columbia Law School, 2003
- Intern for the Hon. Richard M. Berman, U.S. District Court for the Southern District of New York, 2001
- Law Clerk to the Hon. Samual Alito, U.S. Court of Appeals for the Third Circuit, 2003-2004
- Cravath, Swaine & Moore LLP, 2002-2006
- Summer Associate, 2002
- Associate, 2004-2006
- Law Clerk to the Hon. Samual Alito, U.S. Supreme Court, 2006-2007
- Sullivan & Cromwell LLP, 2007-present
- Associate, 2007-2012
- Partner, 2012-present
Matthew Schwartz' Record Against LGBTQIA+ Equality
In a Princeton Tory article titled “Married in the Eyes of God?” Schwartz campaigned against same-sex wedding ceremonies, signaling a restrictive view of substantive due process and privacy rights that underpin both LGBTQIA+ and reproductive rights.
Matthew Schwartz' Record Against Racial Justice
As an attorney at Sullivan & Cromwell LLP, Schwartz has defended practices disproportionately harming Black, Latino, and unhoused communities.
- Schwartz authored an amicus brief in City of Grants Pass v. Johnson supporting the right of municipalities to criminalize homelessness and penalize individuals for sleeping on public property.
- Schwartz represented Emigrant Mortgage Company against allegations of “reverse redlining”—the practice of aggressively targeting Black and Latino families with predatory, high-risk loans.
Matthew Schwartz' ties to President Trump and members of his family.
Matthew Schwartz is currently representing Trump in his appeal to overturn his 2024 conviction for concealing hush money payments to Stormy Daniels. Furthermore, Schwartz is also defending Trump and his sons in their appeal of a New York state trial court decision that found them liable for inflating assets, which resulted in a $464 million judgment.
The Big Picture
Trump has a deeply troubling track record of nominating judges who oppose reproductive freedom, reflecting the Trump administration’s vision for courts that are hostile to the basic reproductive rights and freedoms of all Americans.
Decisions made by these judges will impact our health, access to care, and daily lives, and we deserve to know whether these nominees are committed to fairness and equality under the law or if they are beholden to an ideology or agenda opposing reproductive freedom.
Citations and Sources
- Matthew Schwartz, Questionnaire for Judicial Nominees, United States Senate Committee on the Judiciary (April 23, 2026).
- Matthew Schwartz, Attachment Package for the Questionnaire for Judicial Nominees, United States Senate Committee on the Judiciary, p. 466-467 (April 23, 2026).
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- Gonzales v. Carhart, 550 U.S. 124 (2007).
- Matthew Schwartz, Questionnaire for Judicial Nominees, United States Senate Committee on the Judiciary, p. 4 (April 23, 2026).
- Matthew Schwartz, Married in the Eyes of God, Princeton Tory, Oct./Nov. 1997, Vol. XIV, No. 5; Matthew Schwartz, Attachment Package for the Questionnaire for Judicial Nominees, United States Senate Committee on the Judiciary, p. 427-430 (April 23, 2026).
- Brief for Professor John E. Stinneford as Amicus Curiae, City of Grants Pass v. Johnson, No. 23-175 (U.S. Mar. 4, 2024), https://www.supremecourt.gov/DocketPDF/23/23-175/302253/20240304173250501_23-175%20tsac%20Professor%20Stinneford%20Final.pdf?utm_source=substack&utm_medium=email.
- Saint-Jean v. Emigrant Mortg. Co., F.4th, 2025 WL 542335 (2nd Cir. 2025); Matthew Schwartz, Questionnaire for Judicial Nominees, United States Senate Committee on the Judiciary, p. 21 (April 23, 2026).
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