Republicans on the Senate Judiciary Committee warn that Mustafa Taher Kasubhai, nominated to be a federal judge in the District of Oregon, is unqualified and biased.
Sen. Tom Cotton, Arkansas Republican, said during last week’s committee meeting that Mr. Kasubhai wrote in a law review article that “most intercourse is rape” and that “heterosexual relations per se are infused with violence and control.”
“If he were confirmed, I wonder if someone accused of rape or any other sex crime — falsely or otherwise — would feel he or she would ever get a fair hearing in Mr. Kasubhai’s courtroom,” Mr. Cotton said.
He added that in a 2021 interview with the Oregon State Bar, Mr. Kasubhai said, “We have to set aside conventional ideas of proof when we are dealing with the interpersonal work of equity, diversity and inclusion.”
Mr. Cotton called him “uniquely unqualified to be a federal judge.”
“He is not even one of the run-of-the-mill crazy, left-wing nominees,” the senator said.
Sen. John Kennedy, Louisiana Republican, noted that Mr. Kasubhai, who serves as a magistrate judge, gave an order requiring everyone in his courtroom to use preferred pronouns.
“He is from the loon wing of the American bar,” Mr. Kennedy said.
Mr. Kasubhai was nominated to serve on the U.S. District Court for the District of Oregon by President Biden in September. He has served as a magistrate judge since 2018 for the District of Oregon, and as a lawyer he worked on civil cases protecting workers’ rights.
The Senate Judiciary Committee voted last week on party lines — 11 to 10 — to advance his nomination.
A full vote in the Senate for confirmation has not been scheduled.
Liberal groups have praised the nominee for his inclusivity.
Alliance for Justice, a progressive group, said of his call for preferred pronouns, “This practice fosters inclusivity and allows individuals to feel more comfortable in an intimidating setting.”
The Leadership Conference on Civil and Human Rights also backs his nomination, touting the preferred pronoun use as well.