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Floor Speech

Date: Feb. 5, 2026
Location: Washington, DC

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Mr. DURBIN. Mr. President, today the Senate will vote to confirm Justin Olson to the U.S. District Court for the Southern District of Indiana.

Mr. Olson currently serves as associate counsel in multiple matters involving challenges to trans individuals participating in college sports. This is obviously an issue of national concern, as we saw at the Supreme Court recently.

However, I was disturbed by Mr. Olson's refusal to condemn the hateful, inflammatory rhetoric used by one of the plaintiffs in his cases. I asked him about his client's statement claiming that a transgender woman wearing women's clothing is ``akin to blackface.'' I also asked him about his client's statement that the trans rights movement is ``an attempt to normalize pedophilia.'' And I asked him about his client's statement regarding the University of Pennsylvania, which included a slur I will not repeat. In each instance, Mr. Olson stated that he lacked the ``full context'' for this language. I am unaware of any context that could possibly make such rhetoric acceptable.

He refused to condemn this language and would not even go so far as to say that these hateful statements include language he personally would not use. Further, he expressed no concern or regret upon being informed that his client's rhetoric has led to death threats against high school students.

A nominee representing a polarizing client is not disqualifying. But the lack of concern Mr. Olson showed for hateful, inflammatory language--involving an issue that often impacts young students--is incredibly disappointing.

For these reasons, I strongly oppose Mr. Olson's nomination.

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