The Senate is scheduled to vote on their confirmations this week
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 against the nominations of Joshua Divine to serve as a judge on the Eastern and Western Districts of Missouri and Judge Cristian Stevens to serve as a judge on the Eastern District of Missouri. The Senate is slated to vote on their confirmations this week.
Durbin first spoke out against Mr. Divine who received his law degree only nine years ago. In addition to his lack of experience, Mr. Divine has taken extreme positions on reproductive rights and ballot access.
Durbin said, “Mr. Divine, if you can believe this… has argued in favor of literacy tests at the ballot box… stating that individuals who, ‘aren’t informed about issues or platforms have no business voting.’ The fact that we are even considering his nomination under this circumstance is shocking. Literacy tests are a racist relic of the Jim Crow era that were used to prevent immigrants and minorities from voting. It should not be controversial to say that no one who has argued for reviving racist Jim Crow laws belongs on the federal bench. Mr. Divine has also referred to himself as a, ‘zealot’ for the anti-choice movement... This [zealotry] has been on full display in his role as the Missouri Solicitor General.”
Mr. Divine has challenged women’s ability to access the abortion drug mifepristone and has undermined the decision of Missouri voters to codify abortion access in their state constitution. Previously, Mr. Divine wrote that, “because we know a genetically unique human comes into existence at fertilization, abortion should not be ethically permitted.” Taken at face value, this statement suggests that Mr. Divine also opposes access to in vitro fertilization, or IVF.
“I have some beautiful grandkids who were the product of these IVF procedures… To think this man who is seeking a lifetime appointment to this bench would not even answer the question on IVF is troubling. Joshua Divine is too inexperienced to serve as a district court judge and his radical views I think disqualify him.”
Durbin then spoke out against Judge Cristian Stevens. Following his confirmation hearing, Durbin asked Judge Stevens whether he denounced the January 6 insurrection. He responded that use of the word “insurrection” drew a “legal conclusion,” and that it would be inappropriate for him to comment on a “highly contested political issue.”
“Here is the cold, hard truth—the violent mob that ransacked the Capitol complex in an attempted insurrection to stop the count of the votes of [the 2020] election led to the deaths of five police officers and injuries to more than 140 others. It triggered the largest prosecution in the history of the Department of Justice. Over a thousand individuals were prosecuted for their activity that day. The fact is this nominee couldn’t acknowledge what happened that day and denounced the violence perpetrated against law enforcement is troubling. If you can’t stand up for the men and women [who] keep us safe at this very moment in this building, who risked their lives for the members, their staff, and the visitors of the Capitol, you have no place in a lifetime position as a federal judge,” said Durbin.
Durbin also cited his concerns about a law review article Judge Stevens wrote which defended the infamous 100-to-1 sentencing disparity between crack cocaine and powder cocaine. Judge Stevens wrote, “there may even be evidence to suggest that these kinds of sentencing provisions are beneficial to black communities hardest hit by the crack epidemic.”
“I am disappointed that Judge Stevens continues to stand by an article that defends the crack-powder cocaine sentencing disparity. It was wrong then, it’s wrong now, and he’s certainly doing no one a favor by supporting that kind of penalty,” said Durbin.
“My Republican colleagues will likely vote for both of these nominees I’ve described… But the American people deserve judges who will protect their basic fundamental rights, demonstrate independence and integrity, and remain faithful to the Constitution and rule of law. Neither of these nominees have proven that they embody these attributes. I will vote against both of these nominees and urge my colleagues to do the same,” Durbin concluded.
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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