Austin News

U.S. Senator John Cornyn (R-TX) addressed the Senate floor today, criticizing Judge Mustafa Kasubhai, President Biden’s nominee for the U.S. District Court for the District of Oregon. The Majority Leader postponed Judge Kasubhai’s confirmation vote due to insufficient support.

Cornyn, drawing on his 13 years of experience as a state court judge in Texas, voiced concerns about Judge Kasubhai's judicial philosophy. "For 13 years, I was a judge myself on the state court bench in Texas, so I have some strong views about the qualities that make for a good judge," he stated.

He highlighted the controversy surrounding Kasubhai’s nomination: "The Senate was expected to vote on Judge Mustafa Kasubhai, who was nominated to serve on the U.S. District Court for the District of Oregon." He added that even poor attendance in the Senate would not secure enough votes for confirmation.

Cornyn criticized Judge Kasubhai's past statements regarding equity and diversity: “Judges have to set aside their personal beliefs and apply the law as written. Judge Kasubhai has proven that he cannot and will not do that.” He referenced an interview where Kasubhai said, "We have to set aside conventional ideas of proof when we’re dealing with the interpersonal work of equity, diversity, and inclusion."

The Senator argued against this perspective: "Now, the standard of proof and what qualifies as evidence is things that you learn about in law school that’s applied to every single case. But now for the Judge to say we need to set aside those conventional ideas of proof when we’re dealing with equity, diversity, and inclusion sends a very troubling signal.”

He also noted another statement from Kasubhai: “He later referred to diversity, equity, and inclusion as the ‘heart and soul of the court system.’ I would argue that the ‘heart and soul’ of our court system is pursuit of justice and equal treatment under the law, not pursuit of diversity for its own sake.”

Cornyn concluded by emphasizing Democratic leadership's inability to garner sufficient support for Kasubhai’s nomination: “The fact that Democratic leadership can’t rally the votes among their own members says everything you need to know about this nominee. The American people—no matter where they live—deserve to have fair and unbiased judges on the bench, and they certainly deserve better than this nominee.”