Senate Democrats can feel in their bones the dwindling of the precious few days they have left being in control of the chamber, and desperate Democrats tend to do stupid things. Case in point: Their determination to push through a slate of judicial candidates who were nominated by Joe Biden, the lamest of lame ducks, and are as radical and activistic as they come. 

RedState reported last week on one such nominee, United States Magistrate Judge Mustafa T. Kasubhai of Oregon, who is seeking a lifetime appointment to the U.S. District Court. Kasubhai, who is the first Muslim to be appointed to the federal bench, made waves at a recent Senate Judiciary Committee hearing for his edict that encourages participants in his courtroom to introduce themselves by announcing their preferred pronouns. 

This led to a funny back-and-forth between Judge Kasubhai and Republican Senator John Kennedy of Louisiana, who was bemused about the made-up honorific "Mx." Kennedy had his seatmate, Senator Tom Cotton (R-AR), in stitches over the absurdity of Kasubhai's inclusion of "Mx." and exclusion of "Mrs." as honorifics.

What's not so amusing is the attempt by Senate Democrats to fill the federal bench with radical, activist judges who will seek to cause chaos in this new Age of the Republicans. 

One such candidate, Embry Kidd, is being voted on by the Senate Monday evening; Kidd, who is currently a judge in the U.S. District Court for the Middle District of Florida, is nominated to be a U.S. Circuit Judge for the Eleventh Circuit. Kidd is as soft on crime as they come and also has an issue with being forthcoming about his judicial record.

🚨Embry Kidd helped shape a law review article that argued “child rape statutes, though not laden with the exact same racial baggage as more general rape statutes, are still racialized.”

Senate Democrats are trying to confirm him to the Eleventh Circuit today.

He must be… https://t.co/EJqjLdUvZC pic.twitter.com/mGJawV8AIp

— Carrie Severino (@JCNSeverino) November 18, 2024

Republicans, though currently in the minority, have successfully stalled the vote on Judge Kidd for some months over concerns about his failure to disclose that two of his rulings had been reversed; both cases involved predatory sexual behavior against children. It is required of judicial nominees to submit a completed questionnaire to the Senate Judiciary Committee in order for the members to properly vet the candidates, something Embry Kidd conveniently failed to do.

The Senate Judiciary Committee’s questionnaire includes a section asking nominees to provide a summary and citations for any of their prior court opinions “reversed by a reviewing court” or where their “judgment was affirmed with significant criticism of your substantive or procedural rulings.” The purpose of this section is for lawmakers to be able to vet nominees fully, many of whom have past ties that are ripe for scrutiny and, in some cases, lead to rejection from the upper chamber.

The two cases that were reversed were U.S. v. D’Haiti and U.S. v. King.

In U.S. v. D’Haiti, a male high school cheerleading coach was arrested for possessing child pornography and, in one instance, reaching "his hands up a minor’s sports bra" and fondling her. But Judge Kidd released him, citing the defendant's “high character,” “ties to the community,” and “lack of criminal history.” This case was reversed, and a district judge sentenced the defendant to 29 years in prison.