Durbin: “The 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 a willingness to rule in favor of him and his Administration.”
WASHINGTON – In a speech on the Senate floor, U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, spoke about the trends of judicial nominations during the second Trump Administration, ahead of the vote to confirm its first judicial nominee.
Before the vote to confirm Whitney Hermandorfer to the U.S. Court of Appeals for the Sixth Circuit, Durbin provided a synopsis of President Trump’s judicial picks thus far.
“In May, the President announced Ms. Hermandorfer as 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 nominees’ 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,” said Durbin.
Durbin then highlighted Ms. Hermandorfer’s unyielding loyalty to President Trump and willingness to rule in his favor over the rule of law.
“At the Office of the 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 into 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 … 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 will continue to enable—rather than check—an Administration that has repeatedly exceeded its authority,” said Durbin.
Durbin then admonished Ms. Hermandorfer’s election denialism.
“Ms. Hermandorfer also refuses to acknowledge that President Trump lost the 2020 election … In response to a 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 historical realities as well. But President Trump’s nominees, including Ms. Hermandorfer, have been afraid to admit that he lost the 2020 election … because it will make him angry and he may dump their nominations. 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,” said Durbin.
Durbin then described how Ms. Hermandorfer’s overt partisanship is out of step with what should be expected of judicial nominees.
“Ms. Hermandorfer also has strong ties to a range of right-wing organizations. They include the fabled Federalist Society and the Teneo Network, a new conservative group funded by Leonard Leo and his affiliated organizations … Membership in such organizations has been a litmus test for years for Republican nominees. It’s the secret handshake, my friends. If you belong to the Federalist Society or the Teneo Network, you’re in. It means that 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 Republicans’ preferred outcome. Ms. Hermandorfer has followed this playbook to a tee in the Tennessee Attorney General’s Office. She has opposed LGBTQ rights and reproductive rights, as well as environmental and anti-discrimination policies that protect the most vulnerable in America. I believe we need judges on the bench who will follow the law and the Constitution, not politicians in robes who will rule in favor of the President and wealthy special interests,” said Durbin.
Durbin continued by highlighting Ms. Hermandorfer’s inexperience.
“I’d like to note that while Ms. Hermandorfer’s academic record—though impressive—and legal record—though extreme—is short. She graduated from law school in 2015, meaning she has fewer than 10 years of legal experience—and outside of her clerkships, she has only practiced law for six years … She has never served as sole or chief counsel in any case tried to verdict, judgment, or final decision. That is a shocking lack of experience for someone nominated to a lifetime position … Unfortunately, this kind of inexperience is common among President Trump’s judicial nominees. Make no mistake: Experience is still important. Robust litigation experience ensures that judicial nominees will be equipped to fulfill their duties,” said Durbin.
Durbin concluded by urging his colleagues to oppose Ms. Hermandorfer’s nomination.
“Ms. Hermandorfer is the first judicial nominee we have considered this Congress, but 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,” said Durbin.
Video of Durbin’s remarks on the Senate floor is available here.
Audio of Durbin’s remarks on the Senate floor is available here.
Footage of Durbin’s remarks on the Senate floor is available here for TV Stations.
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