Nomination of Whitney D. Hermandorfer

Floor Speech

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Mr. DURBIN. Mr. President, the Senate will soon vote on the nomination of Whitney Hermandorfer, President Trump's nominee to serve as judge on the U.S. Court of Appeals for the Sixth Circuit.

In May, the President announced Ms. Hermandorfer was the very first judicial nominee of his second term. And now she is the President's first judicial nominee to come to the floor of the Senate.

The President has been clear that his primary concern is not about his judicial nominee's experience, competence, or integrity. This President is not focused on temperament, independence, or respect for the rule of law. He is focused on a nominee's perceived loyalty to him and his agenda and a willingness to rule in favor of him and his administration.

When we consider the President's priorities and Ms. Hermandorfer's record, it is easy to understand why the President nominated her to serve on the Sixth Circuit. At the Office of Tennessee Attorney General, Ms. Hermandorfer leads the Strategic Litigation Unit. Why is that significant? She is not just defending State laws in Tennessee. She has turned the Attorney General's Office to an advocacy arm for the Trump agenda.

She has argued in support of President Trump's unconstitutional Executive order that purports to end birthright citizenship. This Executive order has been blocked by every judge who has considered it. One judge--appointed by President Ronald Reagan, I might add--said:

I've been on the bench for over four decades. I can't remember another case where the question presented was as clear as this one . . . This is a blatantly unconstitutional order.

And yet Ms. Hermandorfer signed amicus briefs in support of the President's unlawful efforts to fire inspectors general and heads of independent Agencies.

Her record makes it clear that, if confirmed, she would continue to enable, rather than check, an administration that has repeatedly exceeded its authority.

Ms. Hermandorfer also refuses to acknowledge that President Trump lost the 2020 election. Let me repeat that: This nominee who seeks a lifetime appointment to the Federal bench, when asked the basic question as to whether Donald Trump won or lost the 2020 election, gave the stock answer. She refuses to acknowledge that Donald Trump lost. In response to this simple question: Did President Trump lose the 2020 election? All she could say was:

President Biden was certified as the winner of the 2020 presidential election and served as the 46th President of the United States.

This is the standard response from this administration's nominees seeking positions on the Federal bench. It is an embarrassing genuflection before the Big Lie. The question of who won the 2020 election is not a matter of political opinion; it is a matter of historical fact. The overwhelming majority of my Republican colleagues have correctly recognized that reality, and we have a right to expect nominees to acknowledge such historic realities as well.

Both President Trump's nominees, including Ms. Hermandorfer, have been afraid to admit he lost the 2020 election. Why are they afraid of it? It is a fact. They are afraid because it will make him angry. He may dump their nominations because of the answer to that question.

The fact that she is willing to condone President Trump's false claims further demonstrates a level of partisanship and deference to this President that is unacceptable for someone seeking a lifetime position on the Federal bench.

And just in case her political leanings aren't clear enough for the record, Ms. Hermandorfer has strong ties to a range of rightwing organizations. They include the fabled Federalist Society and Teneo Network. Teneo Network is a new conservative group funded by Leonard Leo and his affiliated organizations. You may have heard the name Leonard Leo recently when President Trump called Mr. Leo a ``sleazebag.''

Membership in such organizations has been a litmus test for years for Republican nominees. It is the secret handshake, my friends. If you belong to the Federalist Society or now this Teneo Network, you are in. It means a nominee will use the Republican playbook for deciding important Federal cases. How does it work? You claim to be neutral, but, in fact, you contort history and overturn precedents to reach the Republicans' preferred outcome.

Ms. Hermandorfer followed this playbook to a tee in the Tennessee Attorney General's Office. She opposed LGBTQ rights and reproductive rights as well as environmental and anti-discrimination policies to protect the most vulnerable in America.

I believe we need judges on the bench who follow the law and the Constitution, not politicians in robes who rule in favor of the President and wealthy special interests.

Finally, I would like to note that Ms. Hermandorfer's academic record, although impressive, and legal record, although extreme, is short. She graduated from law school in 2015--has fewer than 10 years of legal experience. Outside of clerkships, she has only practiced law for 6 years, and she is seeking a lifetime appointment to the circuit court--one of the highest in the land. She has never served as sole or chief counsel in any case--any case--tried to verdict, judgment, or final decision.

That is a shocking lack of experience for someone nominated for a lifetime position. She will be watching trials for the first time as a judge. But, unfortunately, this kind of inexperience is common with President Trump's judicial nominees.

Make no mistake, experience is still important. Robust litigation experience ensures judicial nominees will be equipped to fulfill their duties. As an appellate judge, she is going to be standing in judgment of many trial courts. She has limited experience in that field.

Ms. Hermandorfer is the first judicial nominee we have considered this Congress. She won't be the last. In every instance, we must carefully examine the nominee's record as we consider them for a lifetime appointment. After carefully reviewing her record, I have serious concerns. I think my colleagues, if they look at her honestly, will as well. I urge them to join me in opposing her nomination.

(Mrs. Britt assumed the Chair.)

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