Hawley: Religious People Pose Greater Risk Than Defunders — “I Will Not Support Your Nomination”

Senator Josh Hawley (R-MO) confronted a Biden judicial nominee during a June 2023 Senate Judiciary hearing over arguments the nominee had made as a city attorney during COVID-19 — specifically defending religious-gathering restrictions while permitting protest gatherings for defunding the police. Hawley pressed the nominee on why religious people were treated as more infectious than ideological protesters: “This seems like a strange argument to me that religious people are somehow more infectious than folks who have other ideological positions.” Hawley cited the district court ruling: “you engaged in and your client engaged in and you defended discrimination on the basis of religious belief that you offered no scientific evidence for it, that you pressed these arguments over and over and over without any foundation.” Hawley closed: “I will not support your nomination.”

The Defunders Gathered Reference

Hawley framing: “Then people gathered to argue for defunding the police.”
Editorial reach: The framing positioned ideological gathering as permitted.
Hearing record: The framing is now in the formal record.
Long arc: The framing fed broader debates.
Long arc: The framing remained central to coverage.

The Mayor And Epidemiologists Reference

Nominee framing: “I was representing my client, the mayor and consulting epidemiologists had issued orders.”
Editorial reach: The framing positioned client defense.
Hearing record: The framing is now in the formal record.
Long arc: The framing fed broader debates.
Long arc: The framing remained central to coverage.

The Public Health Defense

Nominee framing: “Orders that she thought were going to protect public health.”
Editorial reach: The framing positioned health rationale.
Hearing record: The framing is now in the formal record.
Long arc: The framing fed broader debates.
Long arc: The framing remained central to coverage.

The Defend As Measure

Nominee framing: “It was my role to defend those as a measure.”
Editorial reach: The framing positioned advocacy duty.
Hearing record: The framing is now in the formal record.
Long arc: The framing fed broader debates.
Long arc: The framing remained central to coverage.

The Strange Argument Framing

Hawley framing: “This seems like a strange argument to me that religious people are somehow more infectious than folks who have other ideological positions.”
Editorial reach: The framing dramatized core asymmetry.
Hearing record: The framing is now in the formal record.
Long arc: The framing fed broader debates.
Long arc: The framing remained central to coverage.

The I Don’t Get It

Hawley framing: “I don’t get it.”
Editorial reach: The framing personalized incredulity.
Hearing record: The framing is now in the formal record.
Long arc: The framing fed broader debates.
Long arc: The framing remained central to coverage.

The Singing Reference

Nominee framing: “My understanding was the nature of singing and other things.”
Editorial reach: The framing positioned transmission rationale.
Hearing record: The framing is now in the formal record.
Long arc: The framing fed broader debates.
Long arc: The framing remained central to coverage.

The Higher Rate Transmission

Nominee framing: “Epidemiologists thought could transmit COVID at a higher rate.”
Editorial reach: The framing positioned epidemiological rationale.
Hearing record: The framing is now in the formal record.
Long arc: The framing fed broader debates.
Long arc: The framing remained central to coverage.

The No Scientific Evidence

Hawley framing: “You didn’t put any scientific evidence in the record for it.”
Editorial reach: The framing dramatized record gap.
Hearing record: The framing is now in the formal record.
Long arc: The framing fed broader debates.
Long arc: The framing remained central to coverage.

The Fast Moving Cases

Nominee framing: “Senator, those were fast moving cases and they weren’t going to full briefing and full summary judgment with a record.”
Editorial reach: The framing positioned procedural defense.
Hearing record: The framing is now in the formal record.
Long arc: The framing fed broader debates.
Long arc: The framing remained central to coverage.

The District Court Said

Hawley framing: “It’s not what the district court said.”
Editorial reach: The framing dramatized court finding.
Hearing record: The framing is now in the formal record.
Long arc: The framing fed broader debates.
Long arc: The framing remained central to coverage.

The Discrimination Finding

Hawley framing: “You engaged in and your client engaged in and you defended discrimination on the basis of religious belief.”
Editorial reach: The framing positioned court finding.
Hearing record: The framing is now in the formal record.
Long arc: The framing fed broader debates.
Long arc: The framing remained central to coverage.

The Pressed Without Foundation

Hawley framing: “You pressed these arguments over and over and over without any foundation.”
Editorial reach: The framing dramatized persistence.
Hearing record: The framing is now in the formal record.
Long arc: The framing fed broader debates.
Long arc: The framing remained central to coverage.

The Disappointed Made

Hawley framing: “Frankly, I’m disappointed that you made those arguments.”
Editorial reach: The framing personalized critique.
Hearing record: The framing is now in the formal record.
Long arc: The framing fed broader debates.
Long arc: The framing remained central to coverage.

The Choose Arguments

Hawley framing: “You can choose what arguments to make.”
Editorial reach: The framing positioned advocacy choice.
Hearing record: The framing is now in the formal record.
Long arc: The framing fed broader debates.
Long arc: The framing remained central to coverage.

The Disappointed Persisted

Hawley framing: “I’m disappointed you persisted in defending them here today.”
Editorial reach: The framing escalated critique.
Hearing record: The framing is now in the formal record.
Long arc: The framing fed broader debates.
Long arc: The framing remained central to coverage.

The Will Not Support

Hawley framing: “For that reason, among others, I will not support your nomination.”
Editorial reach: The framing positioned vote commitment.
Hearing record: The framing is now in the formal record.
Long arc: The framing fed broader debates.
Long arc: The framing remained central to coverage.

The COVID Religious Liberty Layer

Editorial reach: COVID religious liberty cases were widespread in 2020-2021.
Hearing record: The COVID religious liberty context is now in the formal record.
Long arc: COVID religious liberty cases continued through 2024.
Long arc: COVID religious liberty cases shaped subsequent debates.
Long arc: COVID religious liberty cases fed broader debates.

The First Amendment Layer

Editorial reach: First Amendment religious liberty was central to COVID cases.
Hearing record: The First Amendment context is now in the formal record.
Long arc: First Amendment cases continued through 2024.
Long arc: First Amendment cases shaped subsequent debates.
Long arc: First Amendment cases fed broader debates.

The Defund Police Layer

Editorial reach: Defund the police gatherings were widespread in 2020.
Hearing record: The defund police context is now in the formal record.
Long arc: Defund police continued through 2024.
Long arc: Defund police shaped subsequent debates.
Long arc: Defund police fed broader debates.

The Hawley Public Posture

Senate role: Hawley held Senate Judiciary role.
Editorial reach: Hawley’s posture shaped Republican critique.
Hearing record: Hawley’s posture is now in the formal record.
Long arc: Hawley continued to be central through 2024.
Long arc: Hawley shaped subsequent debates.

The Republican Critique

Editorial reach: Republicans cite Biden nominee on religious liberty.
Hearing record: The Republican critique context is now in the formal record.
Long arc: The critique continued through 2024.
Long arc: The critique shaped subsequent debates.
Long arc: The critique fed broader debates.

The Public Communication Layer

Soundbite design: The exchange was structured for clip distribution.
Documentary value: The hearing record now contains a clean Hawley framing.
Media uptake: The clip moved on conservative media as a Republican response argument.
Audience targeting: Hawley’s style is built for retail political distribution.
Long arc: The framing remained central to Republican messaging through 2024.

The 2024 Implications

Election positioning: Both parties used judicial nominees for 2024 positioning.
Religious liberty: Religious liberty shapes Senate races.
Long arc: The episode will shape religious liberty debates through 2024 and beyond.
Hearing legacy: The hearing record will be cited in future judicial nominee debates.
Long arc: The framing remains in circulation.

Key Takeaways

Hawley confronted a Biden judicial nominee on COVID religious liberty arguments.
Hawley contrasted religious gathering restrictions with permitted defund police gatherings.
Hawley cited district court finding of discrimination based on religious belief.
Nominee defended arguments as fast-moving COVID public health cases.
Hawley closed: “I will not support your nomination.”
The exchange dramatized COVID religious liberty politics.

Transcript Highlights

The following quotations are drawn from an AI-generated Whisper transcript of the hearing and should be considered unverified pending official transcript release.

“This seems like a strange argument to me that religious people are somehow more infectious than folks who have other ideological positions” — Hawley
“You didn’t put any scientific evidence in the record for it” — Hawley
“Senator, those were fast moving cases and they weren’t going to full briefing and full summary judgment with a record” — nominee
“You engaged in and your client engaged in and you defended discrimination on the basis of religious belief that you offered no scientific evidence for it” — Hawley
“I’m disappointed you persisted in defending them here today” — Hawley
“For that reason, among others, I will not support your nomination” — Hawley

Full transcript: 216 words transcribed via Whisper AI.