Durbin Questions Judicial Nominees During A Senate Judiciary Committee Nominations Hearing

WASHINGTON - U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, today questioned nominees at a Senate Judiciary Committee nominations hearing. Durbin first questioned Justin Ross Olson, nominated to the U.S District Court for the Southern District of Indiana, about the Deferred Action for Childhood Arrivals (DACA) program. Mr. Olson previously worked pro bono to assist two individuals seeking status under DACA.

"What was your impression of those clients?" Durbin asked.

"Those clients were good people, and I was happy to help them," Mr. Olson responded.

"Did you have any question as to whether they had an aspiration to be part of the future of the United States?" Durbin asked.

"Based on the legal work that I did for them, I assumed that was the case. I didn't know them on a personal level, but I think that's a fair assumption to make," Mr. Olson replied.

"I have been involved in this [DACA] for a while. [Over the last] 24 years, I introduced the Dream Act that led to DACA under President Obama. There are still some 800,000 [people] out there protected by DACA who are in question as to their future disposition. If a case came before you considering the legality or constitutionality of DACA, what would you do?" Durbin asked.

Mr. Olson responded that he "will apply all applicable law to that question and uphold the rights of the individuals who come before me."

Durbin also asked if he would recuse himself if he had a case with DACA recipients. Mr. Olson responded that he would consider it on a case-by-case basis.

Durbin and U.S. Senator Lisa Murkowski (R-AK) introduced the Dream Act of 2025 earlier this month. The bill would allow noncitizens without lawful status who were brought to the United States as children and meet certain education, military service, or work requirements to earn lawful permanent residence.

Durbin then asked Brian Charles Lea, nominated to the U.S. District Court for the Western District of Tennessee, about his work representing a major tobacco company-R.J. Reynolds-in product liability and wrongful death actions. In those cases, he defended the company against claims brought by plaintiffs and sought the reduction or vacatur of judgments to plaintiffs. In one petition he drafted, he went so far as to challenge the connection between the cigarettes a woman smoked and the larynx cancer she was diagnosed with at age 36.

"As you sit before us today, can you acknowledge that cigarettes and other products made by tobacco companies can-and do-cause cancer?" Durbin asked.

Mr. Lea responded, "yes, Senator."

Durbin then asked Mr. Lea about the Second Amendment. Between 2017 and 2022, Mr. Lea represented several individuals and groups in challenges to Georgia's then-recently enacted gun laws. In one case, he filed suit on behalf of six Georgia college professors against Georgia's Governor and the Attorney General to enjoin a new law requiring the university system to permit students to carry guns on the state's public university campuses. In his brief in the Georgia Supreme Court, he wrote that "the Guns on Campus Laws are directly interfering with [p]laintiffs' work as educators by prohibiting them from barring guns." He also wrote that "the Laws are chilling classroom discussion, causing an injury of constitutional magnitude to Plaintiffs' professional activities."

"Did that [case] color your judgment as to the Second Amendment rights individuals have?" Durbin asked.

Mr. Lea responded that the case itself "did not involve the Second Amendment. It was a state law right. There was no connection. Obviously, I would faithfully apply any binding precedent involving the Constitution."

Durbin asked, "Did that experience influence your reaction to the Brown University incident over the weekend?"

Mr. Lea responded, "No, that was obviously a tragedy… I kept my legal position and view separate from acknowledging the clear tragedy of Brown."

Durbin then asked Daniel Edward Burrows, nominated to be Assistant Attorney General for the Office of Legal Policy (OLP), about a leaked text thread from a group of young Republican leaders from across the country who sent racist, misogynist, and antisemitic language. Two of the individuals who sent those messages include William Hendrix and Alex Dwyer from the Kansas Young Republicans chapter. Mr. Hendrix was fired from his job because of the messages.

"Do you know, or have you worked with them [Mr. Hednrix or Mr. Dwyer]?" Durbin asked.

Mr. Burrows responded that he believed Mr. Hendrix was hired when he worked at the Kansas Attorney General's office and that he knew him.

"What is your reaction to the quotes?" Durbin asked.

Mr. Burrows responded that "it is problematic… I reject any racism, division of people by characteristics immutable, religion, anything like that. I think that they were right to fire him."

Video of Durbin's questions in Committee is available here.

Audio of Durbin's questions in Committee is available here.

Footage of Durbin's questions in Committee is available herefor TV Stations.

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