[Congressional Record Volume 171, Number 146 (Monday, September 8, 2025)]
[Senate]
[Page S6397]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                     Nomination of Edward L. Artau

  Mr. DURBIN. Mr. President, today the Senate will vote to confirm 
Edward L. Artau to the U.S. District Court for the Southern District of 
Florida.
  I will vote in opposition to Judge Artau's confirmation to a lifetime 
appointment on the Federal bench. There are several reasons why I 
cannot support his nomination. Based on Judge Artau's record, I do not 
believe that he will be a neutral arbiter on the Federal bench. In a 
case involving President Trump's lawsuit against the individual members 
of the Pulitzer Prize Board for defamation and conspiracy, Judge Artau 
went beyond ruling on the jurisdictional question at issue. In Judge 
Artau's concurring opinion, he took it upon himself to zealously make 
the President's case, opening and closing his opinion echoing the 
President's own words, ``FAKE NEWS.''
  The partisan tone of Judge Artau's writing and his zealous advocacy 
of President Trump's case from the bench leaves the public with no 
question about his political preferences and raises concerns about his 
ability to be a neutral arbiter of the law. At a time when this 
administration's actions are being challenged in courtrooms across the 
country, it is critical to confirm judges who can assess the merits of 
each case without favor to any litigant. Judge Artau's concurring 
opinion makes clear that he would not be able to do this.
  I am also troubled by the timing of his nomination and this highly 
partisan opinion. Judge Artau had been in contact with Senator Scott's 
office about his interest in filling a judicial vacancy in November 
2024, a month before he was assigned to this case.
  Despite actively seeking President Trump's nomination, Judge Artau 
claimed that he did not need to recuse himself or inform the parties in 
the litigation.
  Two days after Judge Artau proved his allegiance to President Trump 
with his opinion, Judge Artau was advised his name would be recommended 
to the White House. Eight days after the opinion was issued, Judge 
Artau was contacted by the White House for an interview.
  It is hard to believe that the hyperpartisan tone of Judge Artau's 
opinion and the timing of his nomination is just a coincidence.
  I cannot support Judge Artau's nomination and urge my colleagues to 
reject this overt attempt to install another MAGA loyalist to the 
bench.