NCJW opposes Joshua Divine. Here’s why:
Joshua Divine lacks the experience, qualifications, and impartiality required for a lifetime seat on the federal bench. With fewer than 10 years of legal experience — falling short of the nonpartisan American Bar Association’s minimum for a qualified rating — Mr. Divine has used his role as Missouri Solicitor General to lead efforts that undermine reproductive freedom, voting rights, LGBTQ+ equality, and gun safety. His record includes promoting anti-abortion misinformation, attempting to block a voter-approved constitutional amendment on reproductive rights, and defending dangerous, fringe legal positions far outside the mainstream.
Joshua Divine’s stance on important issues:
Abortion:
Mr. Divine has been instrumental in ongoing litigation challenging the Food and Drug Administration’s (FDA) approval of mifepristone, one of the two medications typically used in medication abortion. He represented Missouri in a request to intervene in a Texas case where an extremist, anti-abortion group sought to drastically restrict access to this safe and effective medication. Mr. Divine submitted an amicus brief, riddled with anti-abortion misinformation, to the Supreme Court in support of the anti-abortion group’s baseless claims. The Court found that the anti-abortion group did not have standing to challenge the FDA’s approval of mifepristone, and they dropped their claim earlier this year. Nevertheless, Mr. Divine continues to push this unfounded litigation forward in the Texas court on behalf of the state of Missouri, alleging that Missouri has standing in the case despite having no connection to the district where it was filed. He also led efforts to challenge Missouri’s “Right to Reproductive Freedom Initiative,” even after a majority of Missourians voted to enshrine reproductive freedom into the state’s constitution in 2024.
Civil Rights:
Mr. Divine has expressed alarmingly extreme support for voter ID laws and discriminatory literacy tests at the polls. In addition to defending Missouri’s ban on gender-affirming care for youth, he holds views against marriage equality that are far outside of the mainstream.
Executive Supremacy:
During the 2024 election cycle, Mr. Divine filed a lawsuit that attempted to allow Missouri to interfere in New York’s criminal prosecution of Donald Trump for state crimes committed entirely within New York.
Gun Violence Protection:
Mr. Divine defended a Missouri law that tried to circumvent all federal gun violence protections.
Immigration:
Mr. Divine played a central role in Missouri and Texas v. Biden, a case that challenged the Biden administration’s decision to halt construction of the southern border wall.
Education and Career Highlights:
Joshua Divine is the Solicitor General of the State of Missouri and Director of Special Litigation in the Missouri Attorney General’s Office. Mr. Divine previously served as the Chief Counsel to United States Senator Josh Hawley and as a Deputy Solicitor General within the Missouri Attorney General’s Office. Mr. Divine also served as a law clerk to Justice Clarence Thomas of the United States Supreme Court and to Chief Judge William H. Pryor of the United States Court of Appeals for the Eleventh Circuit. Mr. Divine received his BS, summa cum laude, from the University of Northern Colorado, and received his JD from Yale Law School, where he was a member of the Yale Law Journal and the Yale Law & Policy Review.