Mustafa T. Kasubhai Explained

Mustafa T. Kasubhai
Office:Judge of the United States District Court for the District of Oregon
Term Start:November 22, 2024
Appointer:Joe Biden
Predecessor:Ann Aiken
Office1:Magistrate Judge of the United States District Court for the District of Oregon
Term Start1:September 21, 2018
Term End1:November 22, 2024
Predecessor1:Jolie A. Russo
Office2:Judge for the Lane County Circuit Court
Term Start2:2007
Term End2:2018
Appointer2:Ted Kulongoski
Education:University of California, Berkeley (BS)
University of Oregon (JD)
Birth Place:Reseda, California, U.S.
Website:District Court Webpage

Mustafa Taher Kasubhai (born 1970)[1] is an American lawyer who has served as a United States district judge of the United States District Court for the District of Oregon since 2024. He previously served as a United States magistrate judge of the same court from 2018 to 2024 as well as a judge on the Lane County Circuit Court from 2007 to 2018. He is the first Muslim to serve as a federal judge in the United States.[2]

Early life and career

Kasubhai was born in the Los Angeles suburb of Reseda in the San Fernando Valley in 1970,[1] and grew up in the Los Angeles suburb of Canoga Park. His parents were Indian immigrants, having moved to the United States from Mumbai in the 1960s.[3]

Kasubhai graduated from the University of California, Berkeley in 1992 with a degree in business administration. He completed his Juris Doctor degree at the University of Oregon School of Law in 1996.[4] Kasubhai began his private legal career in a small civil plaintiff's firm until he opened his own practice, the Law Offices of Mustafa T. Kasubhai.[4] He worked primarily between Klamath Falls and Eugene, Oregon, representing workers and unions in workers compensation cases and plaintiffs in civil cases primarily involving torts and work-related injuries.[5] In 2003, Governor Ted Kulongoski nominated Kasubhai to serve on the Oregon Workers' Compensation Board as one of its labor members in Salem, Oregon. He remained there until joining the state bench 2007.

Judicial career

Governor Kulongoski appointed Kasubhai as a judge on the Lane County Circuit Court in 2007.[4] He was re-elected to another six-year term in 2014. Kasubhai is the first Muslim-American to serve on the federal bench in the United States and was the first South Asian-American and Muslim-American judge to be appointed to the Lane County Circuit Court.[6]

Federal judicial service

On June 1, 2023, Kasubhai was one of six names U.S. senators Ron Wyden and Jeff Merkley submitted to the White House for a vacancy on the United States District Court for the District of Oregon created by Marco A. Hernandez, who subsequently assumed senior status on August 21, 2024.

On September 6, 2023, President Joe Biden announced his intent to nominate Kasubhai to serve as a United States district judge of the United States District Court for the District of Oregon.[7] On September 18, 2023, his nomination was sent to the Senate. President Biden nominated Kasubhai to the seat being vacated by Judge Ann Aiken, who subsequently assumed senior status on December 29, 2023.[8] On October 4, 2023, a hearing on his nomination was held before the Senate Judiciary Committee.[9] During his confirmation hearing, Republican senators questioned him over a ruling that he made in 2020 regarding the George Floyd protests and his statements and writings about diversity, equity, and inclusion.[10] Kasubhai was also questioned on guidance he created for the use of preferred pronouns and honorifics in his courtroom, and whether he was a Marxist based on his past writings.[11] On November 9, 2023, his nomination was favorably reported out of committee by a party-line 11–10 vote.[12] [13] On November 13, 2023, his nomination was returned to the Judiciary Committee because of issues regarding proxy voting in committee.[14] On November 30, 2023, his nomination was reported out committee by an 11–0–8 vote with all committee Republicans in attendance not voting.[15] On January 3, 2024, his nomination was returned to the president under Rule XXXI, Paragraph 6 of the United States Senate[16] and he was renominated on January 8, 2024.[17] On January 18, 2024, his nomination was reported out of committee by an 11–10 party-line vote.[18] [19] In June 2024, a cloture vote to advance Kasubhai's nomination was set to take place in the U.S. Senate. Majority Leader Chuck Schumer cancelled the planned vote, citing attendance issues. According to Bloomberg Law, "Kasubhai has faced intense opposition from GOP lawmakers who've said that he's too radical for the federal bench."[20] On November 19, 2024, the Senate invoked cloture on his nomination by a 51–43 vote.[21] Later that day, his nomination was confirmed by a 51–44 vote.[22] He received his judicial commission on November 22, 2024.

See also

Notes and References

  1. Web site: Questionnaire for Judicial Nominees. United States Senate Committee on the Judiciary. October 4, 2023.
  2. Khasubhai became the first Muslim to serve as a federal judge following his appointment as a Magistrate Judge for the District of Oregon. Khasubhai was not the first Muslim Article III judge however, as Zahid Quraishi was confirmed to the District of New Jersey prior to Khasubhai's respective confirmation to the District of Oregon
  3. News: Newton. Cynthia. 2019. Multnomah Bar Lawyer, page 11. Multnomah Bar Association.
  4. News: Voruganti . Harsh . Mustafa Kasubhai – Nominee to the U.S. District Court for the District of Oregon . 25 June 2024 . The Vetting Room . 23 October 2023 . en.
  5. Bailey. Kirk. New judge brings changes to Lane County court.. Oregon Quarterly. Fall 2009. 48.
  6. Web site: Oregon Federal District Court Appoints First Muslim American to be a Federal Judge..
  7. President Biden Names Thirty-Eighth Round of Judicial Nominees . September 6, 2023 . The White House . Washington, D.C. . September 6, 2023.
  8. Nominations Sent to the Senate . September 18, 2023 . The White House . Washington, D.C. .
  9. Web site: Nominations. October 3, 2023. United States Senate Committee on the Judiciary. Washington, D.C..
  10. News: Raymond. Nate. Senate Republicans question Oregon judicial nominee's support for diversity. Reuters. October 4, 2023.
  11. Web site: November 2, 2023 . Judiciary Panel Unexpectedly Delays Votes on Biden Judge . en-US.
  12. Web site: Results of Executive Business Meeting – November 9, 2023. United States Senate Committee on the Judiciary. November 9, 2023.
  13. News: Headley. Tiana. Judiciary Democrats at Full Strength Advance Biden Court Picks. Bloomberg Law. November 9, 2023.
  14. Web site: Senate Returns Two District Court Nominations to Judiciary Panel. Bloomberg Law. November 14, 2023.
  15. Web site: Results of Executive Business Meeting – November 30, 2023. United States Senate Committee on the Judiciary. November 30, 2023.
  16. Web site: January 3, 2024 . PN1024 — Mustafa Taher Kasubhai — The Judiciary . January 9, 2024 . congress.gov.
  17. Nominations Sent to the Senate . January 8, 2024 . The White House . Washington, D.C. .
  18. Web site: Results of Executive Business Meeting – January 18, 2024. United States Senate Committee on the Judiciary. January 19, 2024.
  19. Senate Judiciary Committee Advances Twenty Judicial Nominations, One Executive Nomination to the Full Senate . January 18, 2024 . United States Senate Judiciary Committee . January 18, 2024.
  20. News: Headley . Tiana . Senate Democrats Pull Vote on Trial Court Nominee Kasubhai (1) . 25 June 2024 . news.bloomberglaw.com . June 18, 2024 . en.
  21. Web site: November 19, 2024. On the Cloture Motion (Motion to Invoke Cloture: Mustafa Taher Kasubhai to be United States District Judge for the District of Oregon.). November 19, 2024. United States Senate.
  22. Web site: On the Nomination (Confirmation: Mustafa Taher Kasubhai, of Oregon, to be United States District Judge for the District of Oregon). United States Senate. November 19, 2024. November 19, 2024.