Senate Republicans temporarily block appointment of judge who advocated using Marxist theory and was nominated by Joe Biden

Senate Republicans temporarily block appointment of judge who advocated using Marxist theory and was nominated by Joe Biden

Should someone who advocates using Marxism in applying property law become a federal judge? Especially if he disagrees with “conventional ideas of proof” used in our legal system? President Biden and Democratic leaders think so, but Republicans don’t. So Mustafa Kasubhai’s appointment to the federal judiciary has temporarily been blocked. The Hill reports:

Senate Majority Leader Chuck Schumer (D-N.Y.) on Tuesday pulled a planned vote on Mustafa Kasubhai’s nomination to be a district court judge in Oregon.

Republicans had lined up in opposition to Kasubhai’s nomination, and Democratic absences forced Schumer’s hand. Sens. Dick Durbin (D-Ill.), John Fetterman (D-Pa.), Kyrsten Sinema (I-Ariz.) and Bob Menendez (D-N.J.) were all absent Tuesday, with Menendez having been absent for weeks due to his trial in New York.

The Democratic leader is expected to try to get Kasubhai’s nomination across the finish line when they have full attendance.

Democrats need all hands on deck because Sen. Joe Manchin (I-W.Va.) has said he will not vote for any nominee that does not have bipartisan support. That means they need all 50 remaining Democrats or Independents who vote with Democrats to be present.

Kasubhai has garnered intense opposition among Republicans, who are hoping to tank his nomination. Senate Minority Leader Mitch McConnell (R-Ky.) panned Schumer on Monday, saying that instead of using floor time on the annual National Defense Authorization Act, he “will dedicate floor time this week to the latest in the Biden administration’s parade of unfit nominations to the federal bench.”

“Judge Kasubhai’s record and judicial philosophy put him well outside the mainstream,” McConnell said.

The Republican leader also labeled him a “committed Marxist” who is more interested in “passing fads of woke politics” than following the law.

Senate Minority Leader Mitch McConnell (R-KY) delivered the following remarks yesterday on the Senate floor regarding Kasubhai’s judicial nomination:

“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.

“The 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 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. Judge Kasubhai also sounds like a committed Marxist. He’s authored an article promoting the integration of Marxist theory into property law….

“He’s 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.’…

“But apparently, this is just one more subject on which Judge Kasubhai 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’ll urge our colleagues to join me in rejecting this nomination.”

The “racist prophet” Kasubhai heaped high praise on is the left-wing racist Ibram Kendi. “To love capitalism is to end up loving racism. To love racism is to end up loving capitalism…Capitalism is essentially racist; racism is essentially capitalist,” says Kendi’s best-selling book, How to Be An Antiracist. That book is a “comprehensive introduction to critical race theory,” gushes the leading progressive media organ Slate.

The “key concept” in Ibram Kendi’s book How to Be an Antiracist was that discrimination against whites is the only way to achieve equality: “The only remedy to past discrimination is present discrimination. The only remedy to present discrimination is future discrimination,” wrote Kendi in that book. Kendi has been described by progressive publications as a leading “critical race theorist.”

Jerome Woehrle

Jerome Woehrle

Jerome Woehrle is a retired attorney and author, who writes about politics.

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