Nomination of Mustafa Taher Kasubhai
Floor Speech
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Mr. McCONNELL. Madam President, unfortunately, the Democratic leader has decided that instead of taking up the critical annual Defense authorization, the Senate will dedicate floor time this week to the latest in the Biden administration's parade of unfit nominations to the Federal bench.
The latest example is a judge nominated to the Federal district court in Oregon named Mustafa Kasubhai. Judge Kasubhai's record and judicial philosophy put him well outside the mainstream.
This nominee has bragged about his lack of commitment to standard jurisprudential practices. During his time as a magistrate judge, he said we have to ``set aside conventional ideas of proof''--of proof-- ``when we are dealing with the . . . interpersonal work of equity, diversity and inclusion.''
Now, if by ``conventional ideas of proof,'' he is referring to things like clear evidence or sworn witnesses and their testimony, then I think I tend to prefer conventional ideas.
Unfortunately, this only scratches the surface. This judge also sounds like a committed Marxist. He has authored an article promoting the integration of Marxist theory into property law and claimed that the notion of scarcity of natural resources was a myth promoted by a privileged elite.
He has heaped high praise on the disgraced racist prophet known for insisting that ``the only remedy to past discrimination is present discrimination. The only remedy to present discrimination is future discrimination.''
As many of our colleagues know, I was fortunate to be here in Washington when Martin Luther King, Jr., delivered his famous ``I Have a Dream'' speech, and I don't recall Dr. King calling for retribution. In fact, his name has become nearly synonymous with the exact opposite.
But apparently this is just one more subject on which this judge would prefer to leave ``conventional ideas'' behind. Well, when it comes to judicial nominations, I subscribe to conventional wisdom: A judge's job is to follow the law, not the passing fads of woke politics.
So I urge my colleagues to join me in rejecting this nomination.
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