00:00As the ranking Democrat on the Senate Judiciary Committee, I pay closer attention than some
00:06when it comes to the nominees who are suggested for federal positions on their courts.
00:13These are positions that are lifetime positions.
00:17You take a person and you say, we entrust you with this responsibility and authority for as long as you live.
00:24As long as you live.
00:25So it isn't a question of two years or four years and replacing someone if they aren't up to the job.
00:32We've got to look for people that we can trust in the long haul.
00:36The Senate will soon vote on the confirmations of Joshua Devine to serve as judge on the eastern and western districts of Missouri
00:44and Judge Christian Stevens to serve on the eastern district.
00:49I'm concerned about these two nominees.
00:51Mr. Devine is 34 years old.
00:54He received his law degree only nine years ago.
00:59In addition to lack of experience, Mr. Devine has taken some extreme positions on issues that are important to people across the United States,
01:07such as reproductive rights and ballot access.
01:12Mr. Devine, if you can believe this, in this day and age, 2025, has argued in favor of literacy tests at the ballot box.
01:20Let me say that again.
01:21He's argued in favor of literacy tests at the ballot box.
01:25He states, quote,
01:27Individuals who aren't informed about issues or platforms have no business voting.
01:33The fact that we are even considering his nomination under this circumstance is shocking.
01:38Literacy tests have been tried in America.
01:42They are a racist relic from the Jim Crow era that were used to prevent immigrants and minorities from voting.
01:49It should not be controversial to say that no one who has argued for reviving racist Jim Crow laws belongs on the federal bench, let alone for a lifetime.
01:59Mr. Devine also referred to himself as, quote,
02:01A zealot, close quote, for the anti-choice movement.
02:06Now, whether you're pro-choice or pro-life, to think that someone is that blatant and open, declaring himself as a zealot on the issue, should trouble you.
02:15This has been on full display in his role as Missouri Solicitor General.
02:19Mr. Devine has challenged women's ability to access the abortion drug Mifeprestone and has undermined the decision of Missouri voters to codify abortion access in their state constitution.
02:35Previously, Mr. Devine wrote, and I quote him,
02:38Because we know a genetically unique human comes into existence at fertilization.
02:44Abortion should not be ethically permitted, close quote.
02:46I know that's the position of some voters that I represent, and even some members of my family.
02:52I disagree.
02:53Taken at face value, this statement suggests that Mr. Devine opposes access to in vitro fertilization, IVF.
03:01Well, I have some beautiful grandkids who were the product of these IVF procedures.
03:08It was the only way that they could come to this earth, and thank God they did.
03:11To think that this man, who's seeking this lifetime appointment to the bench, would not even answer the question on IVF is troubling.
03:20Joshua Devine is too inexperienced to serve as a district court judge, and his radical views, I think, disqualify him.
03:29I'm also troubled by the nomination of Christian Stevens.
03:31Following his confirmation hearing, I asked Judge Stevens whether he denounced the January 6th insurrection on the Capitol.
03:40For those who don't remember, that was a time when a mob forced Congress to shut down the procedure of counting electoral votes in the 2020 election.
03:50As a result of that decision, they stormed the Capitol, came into this chamber, videotaped themselves, aping by sitting in the chair of the presiding officer,
04:02going through the desk of senators, tearing up the place, and unfortunately attacking a lot of innocent people.
04:10I asked Christian Stevens about the January 6th insurrection.
04:14He said, the use of the word insurrection was a legal conclusion, legal conclusion, and that it would be inappropriate for him to comment on it because it's a highly contested political issue.
04:29Here's the cold, hard truth.
04:31The violent mob that ransacked the Capitol complex in an attempted insurrection to stop the counting of the votes on that election led to the deaths of five police officers and injuries to more than 140 others.
04:44It triggered the largest prosecution in the history of the Department of Justice.
04:53Over 1,000 individuals were convicted and prosecuted for their activity that day.
04:59The fact is, this nominee couldn't acknowledge what happened that day and denounce the violence perpetrated against law enforcement is troubling.
05:06If you can't stand up for the men and women that keep us safe at this very moment in this building, who risk their lives for the members, their staff, and the visitors to the Capitol, you have no place in a lifetime position as a federal judge.
05:23I'm also concerned about a law review article, Judge Christian Stevens wrote, defending the infamous 100-to-1 sentencing disparity between crack cocaine and powder cocaine.
05:35I voted for it in the House of Representatives.
05:37Why?
05:38The idea was that the crack cocaine was such a deadly and threatening narcotic that we were going to pass a sentencing provision that was really tough.
05:50Well, this was tough.
05:51It said if you were convicted of possessing powder cocaine or an exact same amount of cocaine in crack form, crystal form, you would be receiving a sentence for the crack cocaine 100 times powder cocaine.
06:08What happened as a result of it, the result, I'm sorry to say, it didn't work.
06:15You'd think with that kind of sentencing hanging over you, people would think twice, it didn't work.
06:21As a result, more people were using crack cocaine after we passed the law, and the price on the street was going down instead of up.
06:28We filled federal presence primarily with African Americans who had lengthy sentences, some of them over 20 years, for the simple sale of crack cocaine.
06:37We decided that was wrong.
06:40I led the effort here in the Senate side.
06:42I'm proud that I did.
06:44I was joined by Chuck Grassley, Republican of Iowa, and Mike Lee, Republican of Utah.
06:51We passed a bill called the First Step Act, and it was sent to President Trump, who signed it into law in his first term.
06:58Now comes Christian Stevens, Judge Stevens, wanting a seat on the federal bench.
07:03I'm concerned about a law review article he wrote defending the 100-to-1 disparity between crack cocaine and powder cocaine.
07:11He wrote, and I quote him,
07:12There may be evidence to suggest these kinds of sentencing provisions are beneficial to black communities hardest hit by crack epidemic.
07:21I'm disappointed that Judge Stevens continues to stand by an article that defends the crackpot or cocaine sentencing disparity.
07:29It was wrong then, it's wrong now.
07:31And he's certainly doing no one a favor by supporting that kind of penalty.
07:37My Republican colleagues will likely vote for both of these nominees I've described, Mr. Devine and Judge Stevens on the federal bench, without hesitation.
07:45But the American people deserve judges who will protect their basic fundamental rights, demonstrate independence and integrity, and remain faithful to the Constitution and rule of law.
07:58Neither of these nominees have proven that they embody these attributes.
08:02I will vote against both of these nominees, urge my colleagues to do the same.
