In 2003, Governor Ted Kulongoski nominated Kasubhai to serve on the Oregon Workers' Compensation Board as one of its labor members in Salem, Oregon.[2] He remained there until joining the state bench 2007.[4]
Judicial career
Governor Kulongoski appointed Kasubhai as a judge on the Lane CountyCircuit Court in 2007.[3] He was re-elected to another six-year term in 2014.[2]
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.[5]
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.[23]