Trump Judicial Nominee Defended Discriminatory Voting Practice

A judicial nominee selected by Donald Trump advocated for the reinstatement of literacy tests for voting – a practice with a deeply discriminatory past – while a student, according to a report by HuffPost. Josh Divine, currently Missouri’s Solicitor General and Director of Special Litigation, penned an opinion piece in 2010 while at the University of Northern Colorado arguing for state-administered literacy tests as a prerequisite for voting, despite their historical use to disenfranchise minority groups.

Divine, who previously clerked for Supreme Court Justice Clarence Thomas and served as chief counsel to Senator Josh Hawley, wrote that voters should be required to demonstrate literacy, particularly given the ease of accessing information today. The proposal directly echoes a tactic employed for decades to suppress the vote of Black Americans and other marginalized communities.

Literacy tests were widely used from the late 19th century until the passage of the Voting Rights Act of 1965. These tests weren’t designed to assess genuine reading ability, but rather to create a barrier to participation, often requiring voters to interpret complex constitutional provisions or answer subjective questions. Southern states particularly utilized these tests to effectively block Black citizens from exercising their right to vote. The Voting Rights Act ultimately outlawed literacy tests, leading to a significant increase in Black voter registration.

The HuffPost report raises questions about Divine’s current views on voting rights, though it notes it’s unclear whether he still supports the implementation of literacy tests. The White House has not yet responded to a request for comment.

This nomination is deeply concerning. While proponents might frame literacy tests as a means of ensuring informed voters, their historical context is undeniable. To advocate for their return, even as a thought experiment, demonstrates a troubling lack of awareness regarding the systemic disenfranchisement faced by Black Americans and the ongoing fight for equal voting rights. The Senate should thoroughly scrutinize Divine’s views on this matter before confirming him to a lifetime federal judgeship. His past statements suggest a potential disregard for the fundamental principles of equal access to the ballot box, a cornerstone of American democracy.