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"Divine's confirmation makes clear that Trump lied to voters when he said he would 'leave it to the states,' and he is actively working to eliminate abortion access nationwide," said a prominent reproductive rights advocate.
Several advocacy groups expressed outrage on Tuesday after the United States Senate voted to confirm Missouri Solicitor General Joshua Divine to be a United States District Judge for the Eastern and Western Districts of Missouri.
Divine, who was confirmed by a vote of 51 in favor to 46 against, is one of several judicial nominees of U.S. President Donald Trump who has been singled out by advocates for what they describe as his extreme record on a number of issues ranging from reproductive freedoms to LGBTQ rights to relief for student loan borrowers.
Every member of the Senate Democratic caucus voted against Divine’s confirmation with the exception of Sen. Angus King (I-Maine), who voted in favor. All Republicans voting in the Senate on Tuesday supported Divine’s confirmation, while three GOP senators—John Kennedy of Louisiana, Markwayne Mullin of Oklahoma, and Mitch McConnell of Kentucky—did not vote.
Mini Timmaraju, president and CEO of abortion rights advocacy organization Reproductive Freedom for All, argued that Divine's nomination and confirmation were a sign that Trump and the GOP would not be content to leave abortion rights up to individual states.
"Divine's confirmation makes clear that Trump lied to voters when he said he would 'leave it to the states,' and he is actively working to eliminate abortion access nationwide," she said. "Federal courts are a critical line of defense to preserve reproductive healthcare, and these appointments are a dangerous sign of what's to come."
Winston Berkman-Breen, legal director of the Student Borrower Protection Center (SBPC), accused Divine of building a political career on the backs of student loan borrowers who were in dire need of relief from the massive debts they incurred while pursuing an education.
"Time and time again in his lawsuits challenging legal student loan payment and relief programs, Divine took extreme positions at odds with traditional judicial interpretations related to injury, standing, and venue," he said. "Because of Divine, millions of student loan borrowers remain buried in crushing debt. Divine's actions exceeded the bounds of zealous advocacy and were a direct affront to judicial procedure. Americans deserve a judge who will review the facts of the case before them and apply the law under the Constitution and as passed by Congress—not an ideologue who will manipulate those laws to obtain the outcome he prefers."
Lena Zwarensteyn, senior director of the fair courts program and an advisor at The Leadership Conference on Civil and Human Rights, didn't focus on any specific issue and instead took an all-of-the-above approach to condemning what she described as Divine's unfitness for the federal bench.
"The Senate's confirmation of Joshua Divine to the federal bench in Missouri... installs into a lifetime judgeship an individual who does not possess the requisite experience to be a federal judge and who has time and time again demonstrated significant hostility to our civil and human rights," she argued. "His limited legal career—which includes a record of intense opposition to reproductive rights, LGBTQ equality, student loan borrowers, and more—is disqualifying. Our courts, our communities, and our democracy deserve better. Senators must ensure that judicial nominees are fair-minded, actually qualified for the job, and faithful to the rule of law and Constitution rather than to an anti-civil rights agenda."
"If confirmed," said one watchdog leader, "these nominees would be expected to not only look the other way as the building blocks of America's democracy are gutted, but to pave the way for Trump's radical agenda."
U.S. President Donald Trump worked to force the federal judiciary to the far right with 234 confirmed nominees during his previous term, and he continued that mission on Wednesday, when the first slate of his second-term selections attended a Senate hearing.
Trump has announced 11 nominees, but only Whitney Hermandorfer, his pick to serve on the Cincinnati, Ohio-based U.S. Court of Appeals for the 6th Circuit, and four candidates to be district court judges in Missouri—Zachary Bluestone, Joshua Divine, Maria Lanahan, and Cristian Stevens—came before the Senate Judiciary Committee, which considers them before a full floor vote.
Just hours before the hearing began, Maggie Jo Buchanan, interim executive director of the advocacy group Demand Justice, wrote for Salon that "Trump's judicial nominees are key to the far right's crusade against our courts."
"If confirmed, these nominees would be expected to not only look the other way as the building blocks of America's democracy are gutted, but to pave the way for Trump's radical agenda—gutting reproductive freedoms and allowing the administration to take healthcare away from millions," she warned. "Many of them have histories of defending anti-choice legislation and other radical policies championed by Trump and his MAGA allies in Congress."
"Trump is picking up where he left off in his first term by using judicial nominees to advance an extreme agenda that undermines Americans' fundamental freedoms."
Buchanan wasn't alone in sounding the alarm about threats to healthcare. In anticipation of the hearing, the watchdog Accountable.US published a report detailing how "Trump's first judicial picks have a dangerous record of undermining fundamental freedoms, with a number of them who have a record of directly targeting reproductive rights."
Accountable.US cited Hermandorfer defending Tennessee's near-total ban on abortion as director of strategic litigation for the state attorney general's office, as well as Divine, Missouri's solicitor general, and his deputy, Lanahan, supporting extreme anti-choice efforts in their state.
"Trump is picking up where he left off in his first term by using judicial nominees to advance an extreme agenda that undermines Americans' fundamental freedoms," said Accountable.US president Caroline Ciccone. "But this time, Trump is selecting nominees with personal allegiances to the president, who will go even further in using the bench to cut off Americans' rights. Senators should know a vote to confirm Trump's judicial nominees is a vote to radically undermine reproductive freedom."
Reproductive rights aren't the only topical concern. Buchanan noted that "some of the nominees in this first slate have also supported Trump's attack on birthright citizenship, which has been widely viewed as unconstitutional. And in true loyalist fashion, one worked to defend Trump by seeking to interfere in New York's attempt to hold Trump accountable for state crimes."
The nominee who got involved in the New York case is Divine, who is also under fire for targeting the Biden administration's attempt to provide student debt relief. Student Borrower Protection Center legal director Winston Berkman-Breen said Wednesday that the nominee "built his political brand off the suffering of tens of millions of student loan borrowers across this country, and now the Trump administration is rewarding him with a position that will let him enshrine his personal ideologies into law."
"Time and time again in his lawsuits challenging legal student loan payment and relief programs, Divine took extreme positions at odds with traditional judicial interpretations related to injury, standing, and venue," Berkman-Breen pointed out. "Because of Divine, millions of student loan borrowers remain buried in crushing debt."
"Divine's actions exceeded the bounds of zealous advocacy and were a direct affront to judicial procedure," he added. "Americans deserve a judge who will review the facts of the case before them and apply the law under the Constitution and as passed by Congress—not an ideologue who will manipulate those laws to obtain the outcome he prefers."
The Leadership Conference on Civil and Human Rights, a coalition of more than 240 national organizations, similarly asserted in a Tuesday letter that "at a time when so many of our fundamental civil rights are under attack, we need to trust that our judges will impartially and fairly rule on cases without bias or animus."
The coalition specifically took aim at Trump's 6th Circuit nominee, writing that "unfortunately, a careful review of Ms. Hermandorfer’s record shows a demonstrated hostility towards our civil and human rights that is disqualifying for a judicial nominee. We strongly urge the Senate to oppose her nomination."
Earthjustice Action legislative director of the Access to Justice Program Coby Dolan stressed in a Wednesday statement that "we need principled judges who will uphold the law and serve as a bulwark against this administration's brazen attacks on the rule of law and our environment."
"It is the Senate's constitutional obligation to rigorously scrutinize these nominees, asking tough questions to determine whether they are impartial, believe in the government's ability to tackle our most pressing issues, and understand the difference between facts and politics," Dolan added. "We need oversight, not rubber stamps."
The Senate is controlled by the GOP, but only narrowly. Buchanan argued that "given what we are seeing out of the administration, there is no acceptable reason for Senate Democrats to assist their Republican colleagues in pushing through Trump's judicial nominees."
'Some Senate Dems voiced regret for supporting Trump’s cabinet nominees who were seen as mainstream but went full MAGA once confirmed Senators should not set themselves up for the same feelings of shame in voting for Trump's nominees for lifetime appointments' mmmhmm www.salon.com/2025/06/04/t...
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— Barred and Boujee and NEWLYWED aka Madiba Dennie (@audrelawdamercy.bsky.social) June 4, 2025 at 1:19 PM
The committee's ranking member, Sen. Dick Durbin (D-Ill.) on Wednesday pointed to U.S. Attorney General Pam Bondi's recent decision to limit the American Bar Association's (ABA) access to information about judicial nominees as proof that "the Trump administration is clearly just trying to cover for unqualified and extreme nominees."
Time reported last week that Bondi's "move against the ABA came a day after Trump announced six new judicial nominees, which included top Justice Department official Emil Bove being put forward to serve as a judge on the United States Court of Appeals for the 3rd Circuit."
The other five newly announced nominees—Ed Artau, Kyle Dudek, Anne-Leigh Gaylord Moe, John Guard, and Jordan E. Pratt—are on track to serve as district judges in Florida.
"When any of our organizations are unjustly targeted, we will stand as a unified coalition," the groups said. "An attack on one is an attack on all."
A coalition of 75 civil rights groups on Monday responded to U.S. President Donald Trump's "escalating threats and actions" targeting nonprofit organizations by launching "The Pact: A Civil Rights Coalition Unity Commitment."
Led by the Leadership Conference on Civil and Human Rights, the groups represent "millions of people of every background in every ZIP code across America, exist to serve our communities, protect rights, and advance opportunity for all," the pact explains. "Today we face a campaign by the government to silence and isolate us, stop us from doing our jobs, and hurt the people we serve."
"The administration has made clear it will attack organizations that speak truth to power, defend the vulnerable, petition and sue the government, preserve and share knowledge, and fight for our freedoms," notes the statement, which came amid rumors of an attack on climate groups' tax-exempt status and after a GOP-led effort in Congress attacking anti-genocide campaigners. "They want us to fight alone, hoping we'll stay silent as others are targeted. Not us."
"The administration has made clear it will attack organizations that speak truth to power, defend the vulnerable, petition and sue the government, preserve and share knowledge, and fight for our freedoms."
"Today, we commit to stay united in our shared vision for opportunity, prosperity, dignity, belonging, and for the rights and justice necessary to ensure them," the coalition declared. "We represent people who are Black, White, Latino, Asian, and Indigenous, from cities, suburbs, and rural communities, people with disabilities, LGBTQ+ people, workers, women, immigrants, and people of all ethnicities, faiths, ages, and backgrounds."
Signatories are focused on issues including quality healthcare, fair wages and working conditions, "freedom to learn our full history and celebrate our cultures," quality education, affordable housing, a just justice system, clean air and water, voting rights, discrimination protection, family care, hunger prevention, reproductive freedom, and privacy.
The coalition includes the American Federation of Teachers, Arab American Institute, Bend the Arc: Jewish Action, Brennan Center for Justice, Common Cause, Disability Rights Education and Defense Fund, Lambda Legal, Lawyers' Committee for Civil Rights Under Law, League of United Latin American Citizens, National Women's Law Center, Oxfam America, Public Citizen, Reproductive Freedom for All, and others.
"The government is targeting organizations that help people assert their rights and access basic services," the pact states. "They want to operate without oversight or consequences as they dismantle and privatize public services, attack government workers, and concentrate even more profit and power in the hands of the wealthy."
"We have witnessed outrageous attacks on our work," the statement continues, citing investigations of nonprofits, terminated grants, law firms fearing retribution, threats to revoke tax-exempt status, and the weaponization of civil rights laws. "We will not be divided. We will not be intimidated into silence or abandoning our communities."
The coalition members pledged:
In addition to the pact, the groups shared a pledge that supporters can sign, a mobilization calendar, and an open letter to the American people, which says that "the Trump administration is intentionally attacking any business; law firm; college, university, or school; and organization or government watchdog that disagrees with its policies or challenges its abuses and corruption. And it is scaring into silence legitimate, lawful demands and legal challenges, which are fundamental to our civil rights and our democracy."
"Throughout our history, Americans have resisted power grabs that threaten our rights and freedoms," the letter stresses. "Today, we must resist again—together."