[Congressional Record Volume 171, Number 207 (Tuesday, December 9, 2025)]
[Senate]
[Page S8566]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                   Nomination of James D. Maxwell II

  Mr. DURBIN. Mr. President, today, the Senate will vote to confirm 
James Donald Maxwell to the U.S. District Court for the Northern 
District of Mississippi.
  I will vote in opposition to Judge Maxwell's confirmation to a 
lifetime appointment on the Federal bench.
  During his tenure on the Mississippi Supreme Court, he authored two 
opinions that raise serious concerns. In Nash v. State, Justice Maxwell 
wrote for the majority in upholding a 12-year sentence for a man 
convicted of possessing a cell phone in jail.
  Although agreeing with the outcome in the case, another Mississippi 
Supreme Court justice wrote separately to highlight how the case 
``seem[ed] to demonstrate a failure of our criminal justice system on 
multiple levels.''
  Among other things, the facts suggested the crime was accidental and 
likely caused by a failure in booking procedures. In addition, the 
concurring justice noted that the crime was victimless and that the 
defendant had three children and a wife depending on him.
  I asked Justice Maxwell whether he agreed with this characterization 
of the case. Instead of answering my question, he only summarized the 
case and cited the relevant statute, which authorized a sentence 
ranging from 3 to 15 years.
  If confirmed as a district judge, Justice Maxwell will be in a 
position to exercise judicial discretion when sentencing a defendant. 
His lack of responsiveness to my questions does not give me comfort 
that he understands the gravity of sentencing.
  In another case, Justice Maxwell affirmed the denial of a name change 
petition for a teenager who had the support of their parents. The lower 
court denied the petition, finding that the petitioner should mature 
further before the name change was granted.
  Justice Maxwell upheld the lower court's decision, asserting without 
evidence that denying the name change petition was in the teenager's 
best interest due to a lack of maturity.
  I asked Justice Maxwell about the insufficiency of the evidentiary 
record to determine the teenager's maturity level. He once again dodged 
my question.
  For these reasons, I will be opposing Justice Maxwell's nomination.
  The PRESIDING OFFICER. The Senator from Texas.
  Mr. CORNYN. Mr. President, I ask that the vote scheduled here soon 
occur immediately.