Judiciary Panel Unexpectedly Delays Votes on Biden Judge Picks

The Senate Judiciary Committee abruptly postponed votes on two Biden trial court nominees after Democrats waited weeks for their majority finally to be at full strength to ensure they’d advance.

Eumi Lee and Mustafa Kasubhai were expected to move ahead along party lines on Thursday but votes on their nominations have now been delayed for another week at least.

Chair Dick Durbin (D-Ill.) announced the Democratic-led panel’s intention to vote on Kasubhai and Lee after consideration was deferred previously. But he unexpectedly reversed course and announced a Democrat had left the hearing for a floor vote.

Durbin didn’t identify the senator, but Richard Blumenthal (D-Conn.) had been at the hearing and stepped away around the time of the scheduled vote. He then appeared on the floor to speak ahead of a vote on a military nominee. Blumenthal also is a member of the Armed Services Committee and has been pushing to end to Sen. Tommy Tuberville’s (R-Ala.) hold on Biden military nominations.

Democrats hold a one-seat advantage in the Judiciary Committee and need all 11 of their members voting to advance nominees along party lines.

Lee, tapped for the San Francisco-based Northern District of California, and Kasubhai, nominated to the District of Oregon, were not expected to gain GOP support in committee as Republicans amplified their disdain for both, characterizing them as too radical for the federal bench.

“I don’t trust these two nominees to give me a fair trial. They are so indoctrinated in their liberal thoughts and their attitudes toward life. It oozes from their pores,” said Lindsey Graham of South Carolina, the top Republican on the panel. Graham has approved most of Democratic President Joe Biden’s judicial nominees.

Votes on the nominees had previously been delayed by the absence of Sen. Dianne Feinstein before the California Democrat’s death was announced, and later the health-related absences of Sen. Laphonza Butler (D-Calif.)—appointed to replace Feinstein—and Durbin. Sen. Alex Padilla (D-Calif.) had been out most recently with Covid.

Sen. Mike Lee (R-Utah) had questioned Lee during her confirmation hearing on a journal article she wrote regarding a conference panel discussion on the treatment of transgender, immigrant, and women prisoners in California.

Lee, a former professor at what’s now the University of California’s College of Law, San Francisco, defended that the article was a summary of the panel’s remarks and not her own opinions.

Judiciary Republicans had probed Kasubhai during his confirmation hearing on his views on diversity, equity, and inclusion and guidance he created for the use of preferred pronouns and honorifics in his courtroom. Kasubhai is a magistrate judge for the district.

They also questioned whether he was a Marxist based on his past writings, some of which date back to his time as a law school student.

Durbin defended Kasubhai’s “ample record” as a judge, and said some of the allegations against him were “wildly unsubstantiated.”

Durbin read a written response from Kasubhai that said he’s never been a Marxist or subscribed to Marxist theories.

Sen. Ted Cruz said on Thursday that “he longed” for the Obama-era when the Texas Republican said he disagreed with many nominees who were “comparatively” moderate to the “radicals” put forward by Biden.

—With assistance from Zach Cohen.