Sen. John Kennedy, R-Louisiana, stated that Kasubhai seemed to be “obsessed with race and sexuality.”
On 10/4/2023, Sen. John Kennedy grilled an Oregon judge, though their questions dealt little with the nominee’s legal career and instead focused on culture war issues.
Mustafa Kasubhai has served as a federal magistrate in Eugene since 2018 and is seeking a lifetime appointment as a U.S. District Court judge. Throughout the hearing, Republican Senators focused less on his judicial record and philosophy and more on comments he’s made outside of the courtroom about race, diversity and gender.
Last month, President Joe Biden nominated Kasubhai to take over for U.S. District Court Judge Ann Aiken, who is taking senior status, a form of semi-retirement in which judges often dramatically reduce their caseload.
“So, all issues have one set of proof, which has been handed down by our state supreme courts or U.S. Supreme Court,” said Louisiana Senator John Kennedy, “except you think we ought to have a different set of proof when equity, diversity and inclusion are issues?”
Kasubhai tried to set the record straight. “What I was referring to was the idea of sitting down and talking with a friend from a different background,” he told lawmakers. “Oftentimes, lawyers can be accused of always trying a case, no matter who they might be talking to.”
Kennedy, for his part, did not seem convinced, overstepping his allotted questioning time to push Kasubhai.
“You seem to be obsessed with race and sexuality,” he said. “You even go so far as to say that when race and sexuality or diversity and inclusion are an issue, we need a separate standard of proof in the United States. How are defendants going to be able to trust you?”
“Senator, that’s not what I’ve said,” Kasubhai replied. “There is no different standard.”
Kasubhai pointed to his decision record, arguing that the rule of law is “absolute.” “In ruling the cases of people that have appeared in front of me from all backgrounds and all faiths, you’ll find that I have upheld the rule of law and upheld the precedent of our Constitution,” he said.
Kennedy pushed back, and Kasubhai doubled down: “The work that I’ve done on the bench in ruling over all the people’s cases that have occurred in front of me from all backgrounds of all faiths, you’ll find that I have upheld the rule of law and upheld the precedent of our Constitution and our Supreme Court and the Ninth Circuit,” Kasubhai said.
“I just don’t see how you can be a fair-minded judge,” Kennedy said.
Asked by Kennedy about a policy Kasubhai adopted encouraging parties and counsel before him to identify their pronouns and talk in gender-neutral ways, the nominee called it “an invitation for people to identify their pronouns or their honorifics.”
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Kennedy to Kasubhai: you obsessed with race & pronouns, different set of proof when equity & diversity