[Congressional Record Volume 170, Number 102 (Monday, June 17, 2024)]
[Senate]
[Page S4101]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  NOMINATION OF MUSTAFA TAHER KASUBHAI

  Mr. McCONNELL. Madam President, unfortunately, the Democratic leader 
has decided that instead of taking up the critical annual Defense 
authorization, the Senate will dedicate floor time this week to the 
latest in the Biden administration's parade of unfit nominations to the 
Federal bench.
  The latest example is a judge nominated to the Federal district court 
in Oregon named Mustafa Kasubhai. Judge Kasubhai's record and judicial 
philosophy put him well outside the mainstream.
  This nominee has bragged about his lack of commitment to standard 
jurisprudential practices. During his time as a magistrate judge, he 
said we have to ``set aside conventional ideas of proof''--of proof--
``when we are dealing with the . . . interpersonal work of equity, 
diversity and inclusion.''
  Now, if by ``conventional ideas of proof,'' he is referring to things 
like clear evidence or sworn witnesses and their testimony, then I 
think I tend to prefer conventional ideas.
  Unfortunately, this only scratches the surface. This judge also 
sounds like a committed Marxist. He has authored an article promoting 
the integration of Marxist theory into property law and claimed that 
the notion of scarcity of natural resources was a myth promoted by a 
privileged elite.
  He has heaped high praise on the disgraced racist prophet known for 
insisting that ``the only remedy to past discrimination is present 
discrimination. The only remedy to present discrimination is future 
discrimination.''
  As many of our colleagues know, I was fortunate to be here in 
Washington when Martin Luther King, Jr., delivered his famous ``I Have 
a Dream'' speech, and I don't recall Dr. King calling for retribution. 
In fact, his name has become nearly synonymous with the exact opposite.
  But apparently this is just one more subject on which this judge 
would prefer to leave ``conventional ideas'' behind. Well, when it 
comes to judicial nominations, I subscribe to conventional wisdom: A 
judge's job is to follow the law, not the passing fads of woke 
politics.
  So I urge my colleagues to join me in rejecting this nomination.
  I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The senior assistant executive clerk proceeded to call the roll.
  Mrs. BLACKBURN. Madam President, I ask unanimous consent that the 
order for the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.

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