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Congressional Daily Record
This section covers nominations, confirmations, or other executive branch business. It mentions members such as Richard Joseph Durbin.
Official title: Nomination of Andrew B. Davis (Executive Session)
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April 20, 2026
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Download official Senate Record PDFReturn to issue contextMr. DURBIN. Madam President, today, the Senate will vote on the nomination of Andrew Bray Davis to the U.S. District Court for the Western District of Texas. I am deeply concerned Mr. Davis will not be able to put aside his partisan advocacy if he is confirmed to the bench.
Mr. Davis has repeatedly argued that the qui tam provision of the False Claims Act, FCA—a law that Senate Judiciary Chairman Chuck Grassley has championed for many years—violates the Constitution.
holding accountable those who defraud the Federal Government. Of $6.8 billion in FCA settlements and judgments last year, qui tam actions comprised $5.3 billion in recoveries.
I am also troubled by Mr. Davis' refusal to disavow his controversial college writings. As just one example, he defended racist commentary from conservative pundit and former Republican official Bill Bennett, who said, “I do know that it's true that if you wanted to reduce crime, you could, if that were your sole purpose, you could abort every black baby in this country, and your crime rate would go down.”
Mr. Davis defended this statement as “essentially accurate.” I recognize that nominees often write things in college that no longer reflect their views today. However, when I asked Mr. Davis whether he still believed that Mr. Bennett's statement was “essentially accurate,” Mr. Davis refused to answer.
Mr. Davis' failure to disavow his article is unacceptable. How can people of color have faith that Mr. Davis will treat them fairly in his courtroom if he is confirmed?
I urge my colleagues to oppose this nomination.