[Congressional Record Volume 171, Number 120 (Monday, July 14, 2025)]
[Senate]
[Pages S4326-S4327]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 NOMINATION OF WHITNEY D. HERMANDORFER

  Mr. DURBIN. Mr. President, the Senate will soon vote on the 
nomination of Whitney Hermandorfer, President Trump's nominee to serve 
as judge on the U.S. Court of Appeals for the Sixth Circuit.
  In May, the President announced Ms. Hermandorfer was the very first 
judicial nominee of his second term. And now she is the President's 
first judicial nominee to come to the floor of the Senate.
  The President has been clear that his primary concern is not about 
his judicial nominee's experience, competence, or integrity. This 
President is not focused on temperament, independence, or respect for 
the rule of law. He is focused on a nominee's perceived loyalty to him 
and his agenda and a willingness to rule in favor of him and his 
administration.
  When we consider the President's priorities and Ms. Hermandorfer's 
record, it is easy to understand why the President nominated her to 
serve on the Sixth Circuit. At the Office of Tennessee Attorney 
General, Ms. Hermandorfer leads the Strategic Litigation Unit. Why is 
that significant? She is not just defending State laws in Tennessee. 
She has turned the Attorney General's Office to an advocacy arm for the 
Trump agenda.
  She has argued in support of President Trump's unconstitutional 
Executive order that purports to end birthright citizenship. This 
Executive order has been blocked by every judge who has considered it. 
One judge--appointed by President Ronald Reagan, I might add--said:

       I've been on the bench for over four decades. I can't 
     remember another case where the question presented was as 
     clear as this one . . . This is a blatantly unconstitutional 
     order.

  And yet Ms. Hermandorfer signed amicus briefs in support of the 
President's unlawful efforts to fire inspectors general and heads of 
independent Agencies.
  Her record makes it clear that, if confirmed, she would continue to 
enable, rather than check, an administration that has repeatedly 
exceeded its authority.
  Ms. Hermandorfer also refuses to acknowledge that President Trump 
lost the 2020 election. Let me repeat that: This nominee who seeks a 
lifetime appointment to the Federal bench, when asked the basic 
question as to whether Donald Trump won or lost the 2020 election, gave 
the stock answer. She refuses to acknowledge that Donald Trump lost. In 
response to this simple question: Did President Trump lose the 2020 
election? All she could say was:

       President Biden was certified as the winner of the 2020 
     presidential election and served as the 46th President of the 
     United States.

  This is the standard response from this administration's nominees 
seeking positions on the Federal bench. It is an embarrassing 
genuflection before the Big Lie. The question of who won the 2020 
election is not a matter of political opinion; it is a matter of 
historical fact. The overwhelming majority of my Republican colleagues 
have correctly recognized that reality, and we have a right to expect 
nominees to acknowledge such historic realities as well.
  Both President Trump's nominees, including Ms. Hermandorfer, have 
been afraid to admit he lost the 2020 election. Why are they afraid of 
it? It is a fact. They are afraid because it will make him angry. He 
may dump their nominations because of the answer to that question.
  The fact that she is willing to condone President Trump's false 
claims further demonstrates a level of partisanship and deference to 
this President that is unacceptable for someone seeking a lifetime 
position on the Federal bench.
  And just in case her political leanings aren't clear enough for the 
record, Ms. Hermandorfer has strong ties to a range of rightwing 
organizations. They include the fabled Federalist Society and Teneo 
Network. Teneo Network is a new conservative group funded by Leonard 
Leo and his affiliated organizations. You may have heard the name 
Leonard Leo recently when President Trump called Mr. Leo a 
``sleazebag.''
  Membership in such organizations has been a litmus test for years for 
Republican nominees. It is the secret handshake, my friends. If you 
belong to the Federalist Society or now this Teneo Network, you are in. 
It means a nominee will use the Republican playbook for deciding 
important Federal cases. How does it work? You claim to be neutral, 
but, in fact, you contort history and overturn precedents to reach the 
Republicans' preferred outcome.
  Ms. Hermandorfer followed this playbook to a tee in the Tennessee 
Attorney General's Office. She opposed LGBTQ rights and reproductive 
rights as well as environmental and anti-discrimination policies to 
protect the most vulnerable in America.
  I believe we need judges on the bench who follow the law and the 
Constitution, not politicians in robes who rule in favor of the 
President and wealthy special interests.
  Finally, I would like to note that Ms. Hermandorfer's academic 
record, although impressive, and legal record, although extreme, is 
short. She graduated from law school in 2015--has fewer than 10 years 
of legal experience. Outside of clerkships, she has only practiced law 
for 6 years, and she is seeking a lifetime appointment to the circuit 
court--one of the highest in the land. She has never served as sole or 
chief counsel in any case--any case--tried to verdict, judgment, or 
final decision.
  That is a shocking lack of experience for someone nominated for a 
lifetime position. She will be watching trials for the first time as a 
judge. But, unfortunately, this kind of inexperience is common with 
President Trump's judicial nominees.
  Make no mistake, experience is still important. Robust litigation 
experience ensures judicial nominees will be equipped to fulfill their 
duties. As an appellate judge, she is going to be standing in judgment 
of many trial courts. She has limited experience in that field.
  Ms. Hermandorfer is the first judicial nominee we have considered 
this Congress. She won't be the last. In every instance, we must 
carefully examine the nominee's record as we consider them for a 
lifetime appointment. After carefully reviewing her record, I have

[[Page S4327]]

serious concerns. I think my colleagues, if they look at her honestly, 
will as well. I urge them to join me in opposing her nomination.
  (Mrs. Britt assumed the Chair.)

                          ____________________