[Congressional Record Volume 172, Number 26 (Thursday, February 5, 2026)]
[Senate]
[Pages S505-S506]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                     Nomination of Justin R. Olson

  Mr. DURBIN. Mr. President, today the Senate will vote to confirm 
Justin Olson to the U.S. District Court for the Southern District of 
Indiana.
  Mr. Olson currently serves as associate counsel in multiple matters 
involving challenges to trans individuals participating in college 
sports. This is obviously an issue of national concern, as we saw at 
the Supreme Court recently.
  However, I was disturbed by Mr. Olson's refusal to condemn the 
hateful, inflammatory rhetoric used by one of the plaintiffs in his 
cases. I asked him about his client's statement claiming that a 
transgender woman wearing women's clothing is ``akin to blackface.'' I 
also asked him about his

[[Page S506]]

client's statement that the trans rights movement is ``an attempt to 
normalize pedophilia.'' And I asked him about his client's statement 
regarding the University of Pennsylvania, which included a slur I will 
not repeat. In each instance, Mr. Olson stated that he lacked the 
``full context'' for this language. I am unaware of any context that 
could possibly make such rhetoric acceptable.
  He refused to condemn this language and would not even go so far as 
to say that these hateful statements include language he personally 
would not use. Further, he expressed no concern or regret upon being 
informed that his client's rhetoric has led to death threats against 
high school students.
  A nominee representing a polarizing client is not disqualifying. But 
the lack of concern Mr. Olson showed for hateful, inflammatory 
language--involving an issue that often impacts young students--is 
incredibly disappointing.
  For these reasons, I strongly oppose Mr. Olson's nomination.
  The PRESIDING OFFICER. The Senator from Indiana.
  Mr. BANKS. Mr. President, we are about to vote on the confirmation of 
Mr. Justin Olson, President Trump's nominee to serve as a judge on the 
U.S. District Court for the Southern District of Indiana. Justin is 
President Trump's first judicial nominee in Indiana of the second Trump 
administration.
  I hope all of my colleagues will join me in voting to confirm Justin. 
He is more than qualified for this position.
  I had never met or heard of Justin before this process, but let me 
just say that, from the very first time that I met with him, I knew he 
would make a great judge. I was really impressed by him, and I am 
grateful that President Trump nominated him.
  Together with his wife Leah, Justin is the proud father of five young 
children. I enjoyed spending time with them recently, when they were 
here to visit DC for Justin's hearing.
  Outside of his impressive legal career, Justin is an active member of 
his church, his community, and his community where he served as an 
elder and taught children Sunday school.
  Justin is a graduate of Grove City College and the Maurer School of 
Law at Indiana University Bloomington. After graduating, he served his 
country in the U.S. Attorney's Office in Indianapolis. During his time 
in the U.S. Attorney's Office, Justin earned a stellar reputation for 
his incredible work ethic and his character. Before his time in the 
U.S. Attorney's Office, Justin earned a prestigious clerkship with the 
chief justice of the Indiana Supreme Court.
  It is very clear that Justin has all of the qualifications to serve 
on the bench. But beyond his paper resume, Justin has the qualities 
that I think are most important in a judge. He cares deeply about 
America and American values. He especially cares about equality.
  We all watched as the University of Pennsylvania and the NCAA allowed 
a man to dominate women's swimming. We all saw just how unfair and 
disgraceful that was. Justin has been part of the legal team that is 
suing Penn and the NCAA and other schools that have allowed men to 
compete in women's sports.
  Justin has also been part of the team that is representing Riley 
Gaines and other female athletes who have been forced to compete 
against those men and to share private spaces with them.
  Justin and his legal team have sought justice for those young women 
who have been robbed of medals, of dignity, and their safety. In fact, 
I think it is really incredible that Justin's confirmation comes one 
day after National Girls and Women in Sports Day. I can think of no one 
better prepared to make sure that women's sports are only for women 
than him, Justin Olson.
  Justin has also represented a group that is very important to me, and 
that is the Turning Point USA's chapter at IU Bloomington, my alma 
mater. Justin has defended that group's right to express conservative 
ideas on college campuses. I have no doubt that Justin would make 
Charlie Kirk proud.
  Earlier in Justin's career, before he even graduated from law school, 
Justin was already writing scholarly papers in support of States' 
rights to protect unborn children.
  What I want in a judge, above all else, is courage. I want judges, 
especially in my home State of Indiana, who are not afraid to stand up 
for truth and who are willing to say things that others are afraid to 
say.
  Really, anyone can say the right thing, but I want judges who have 
done the right thing, especially when it is hard or unpopular.
  Well, look no further than Justin Olson. He has always done the right 
thing, even when it is hard. He has fought for women's rights, for the 
equal application of civil rights law, and for American liberties.
  Our Nation is at a turning point. We need judges who believe in the 
American project and its goodness, judges that are just like Justice 
Thomas and Justice Alito. And we need judges who will not just uphold 
the Constitution but who will cherish it. Justin Olson is that type of 
person.
  I am very pleased that President Trump nominated Justin to serve on 
the U.S. District Court for the Southern District of Indiana. It was my 
honor to introduce him at his confirmation hearing, and it will be my 
honor to vote in favor of his nomination in just a few moments. He is 
the right person for the job. I can't wait to call him Judge Olson.
  Mr. President, I ask unanimous consent that the previously scheduled 
rollcall vote begin immediately.
  The PRESIDING OFFICER. Without objection, it is so ordered.