Biden Trial Pick Kasubhai Confirmed Following Contentious Senate Process.

The U.S. Senate has confirmed Oregon Magistrate Judge Mustafa Kasubhai for a lifetime position on the U.S. District Court for Oregon, with a narrow vote on Tuesday. Nominated by President Joe Biden over a year ago, Kasubhai has a wealth of experience, having served as a state circuit court judge for 17 years.

The Senate’s confirmation came with a vote of 51-44, largely along party lines. Oregon’s Senators, Ron Wyden and Jeff Merkley, celebrated the decision, stating in a joint statement that it marked a significant day for justice in the nation.

A Historic Nomination: First Asian American and Muslim Judge for Oregon

“Judge Kasubhai brings an impressive background of legal expertise, a commendable judicial demeanor, and strong personal integrity to the U.S. District Court,” the Democratic senators expressed. “We are pleased that the Senate has confirmed this remarkable jurist and are confident that this exceptional Oregonian will greatly contribute to our federal court.” Wyden shared on the Senate floor that Kasubhai’s nomination held special significance for him, recalling how his parents escaped the Holocaust and dedicated their lives to combating antisemitism.

He highlighted Kasubhai’s decision to keep a man in custody who had vandalized a Eugene synagogue with white supremacist messages, noting that the man recently pleaded guilty to three federal hate crimes. “When antisemitism resurfaced in my community earlier this year, Judge Kasubhai took a firm stand against it,” Wyden remarked. “When a white supremacist targeted one of our synagogues, Judge Kasubhai recognized the danger when others did not and ordered that the suspect be held without bail.”

The Leadership Conference on Civil and Human Rights, which backed Kasubhai’s nomination, commended his confirmation in a statement. Lena Zwarensteyn, the senior director of the conference’s fair courts program, expressed gratitude to Biden, Wyden, and Merkley for prioritizing Kasubhai’s appointment.

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Judge Kasubhai has extensive experience in advocating for the rights of workers and is known for his commitment to equity, inclusion, and fairness as a magistrate judge, according to Zwarensteyn. He is making history as the first Asian American and first Muslim lifetime judge in the District of Oregon. This diversity, both personal and professional, enhances our democracy by enriching judicial decision-making and allowing a broader range of individuals to see themselves represented in the courtroom. In 2018, Kasubhai became the first Muslim American judge on the federal bench when he was appointed as a magistrate judge. He will now also be the first Asian American judge in the District of Oregon and only the third Muslim American district court judge nationwide.

Meanwhile, the appointment of another Muslim American, Adeel Mangi, to the federal appellate court has faced delays due to Republican opposition. Kasubhai, the son of Indian immigrants, grew up in California and earned a bachelor’s degree in business administration from the University of California-Berkeley in 1992. He later moved to Oregon, where he graduated from the University of Oregon’s law school in 1996. He practiced civil law until 2003, focusing on representing injured workers and union members in employment matters. In 2003, former Governor Ted Kulongoski appointed him to a full-time role on the Oregon Workers’ Compensation Board. Kulongoski appointed Kasubhai to a circuit court judgeship in Lane County in 2007, a position he held until becoming a federal magistrate judge in 2018.

That same year, he received trailblazer awards from the Oregon Asian Pacific American Bar Association and the National Asian Pacific American Bar Association.

Challenges in Confirmation: A Focus on GOP Scrutiny

Biden put forward Kasubhai’s nomination for a district judge position in September 2023, filling the vacancy left by U.S. District Judge Ann Aiken, who opted for senior status and a lighter caseload. Within a month, he became a focal point for Republicans on the Senate Judiciary Committee, with Senator Ted Cruz from Texas claiming that Kasubhai’s record was “so far out of the mainstream” that it led to intense scrutiny during an October 2023 hearing.

Opponents of Kasubhai’s nomination highlighted a ruling he made in 2023 as a magistrate judge, which overturned Eugene’s citywide curfew that was implemented during the protests and riots in 2020 related to police brutality. They also took issue with his courtroom policies, which require attorneys and parties involved in cases to share their pronouns and honorifics—such as Mr., Ms., or Mx.—and to use these terms when addressing others in the courtroom.

Kasubhai’s Influence on Oregon’s Legal Landscape

During his Senate Judiciary Committee hearing, Kasubhai explained that he established these rules to ensure that everyone appearing in court is recognized and referred to in a respectful manner. He pointed out that similar policies are adopted by other judges in Oregon. Carl Tobias, a law professor at the University of Richmond who specializes in judicial studies, has been closely following Kasubhai’s nomination.

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While he monitors all nominees, he expressed particular interest in Kasubhai due to personal ties to Oregon: a high school friend, Eugene legal aid attorney John VanLandingham IV, is married to former Oregon Supreme Court Chief Justice Martha Walters, and Tobias is friends with both. “The vast majority of nominees experience a much smoother confirmation process than he did,” Tobias remarked. “This was largely unrelated to him, but the GOP senators were relentless in their questioning, especially during his hearing. They pressed him on numerous issues, many of which were irrelevant and some inappropriate. Nevertheless, he stood firm, and he will become an Article III judge.”