Why Did Angus King Back a Strongly Anti-Abortion Judge?

A Surprising Alliance in the Senate

Senate Republicans achieved a significant victory on Tuesday by confirming Josh Divine, one of President Donald Trump’s early judicial nominees. This decision marked a win for the former president, as Divine will now serve a lifetime seat on a U.S. district court in Missouri. However, this confirmation was not solely the result of Republican efforts. An unexpected ally played a crucial role: Senator Angus King, an independent from Maine who typically aligns with Democrats.

Divine, 35, has a controversial record that drew strong opposition from Democrats and civil rights organizations. His history includes litigation against women's reproductive rights, such as leading a major challenge to the FDA’s approval of mifepristone, commonly known as the abortion pill. In 2010, he also advocated for the return of literacy tests for voting, a practice outlawed in the 1960s due to its discriminatory nature.

The reasons behind King’s support for Divine remain unclear. As a supporter of abortion rights and voting rights, King usually adheres to Democratic leadership on judicial nominations. His office did not provide any comment on the matter. However, it appears that Senator Josh Hawley (R-Mo.), who previously served as Divine’s boss, persuaded King to support his former chief counsel during the Senate vote.

CSPAN footage captured King engaging in a friendly conversation with Hawley during the vote on Divine’s nomination. King later confirmed to Law360 that he had spoken with Hawley about Divine, stating that Hawley convinced him that Divine would be a capable judge.

King’s decision has sparked frustration and confusion among progressive groups. Maggie Jo Buchanan, interim director of Demand Justice, expressed her surprise at King’s vote, emphasizing that anyone who values reproductive rights would not support an anti-abortion extremist in a federal judicial position. She called on King to explain his decision to his constituents.

What makes King’s vote even more perplexing is that he had previously opposed a procedural step to advance Divine’s nomination. The question remains: what did Hawley say to change King’s mind on a nominee who contradicts many of King’s core beliefs?

King has consistently supported abortion rights and has been vocal about his opposition to the Supreme Court’s decision to overturn Roe v. Wade in 2022. He linked the ruling to a broader conservative campaign to fill the courts with ideologically driven judges who would restrict abortion access. Despite this, King has also been a strong advocate for LGBTQ rights, voting against banning transgender athletes from school sports and supporting the Equality Act, which aims to ban discrimination against LGBTQ individuals.

In contrast, Divine has defended Missouri’s ban on gender-affirming care for minors and represented the state in cases challenging conversion therapy bans. Additionally, Divine has strongly supported Trump’s actions and power. Last year, he attempted to block Trump’s felony convictions in his hush money case and recently defended the unitary executive theory, which could grant even more power to future presidents.

It is uncertain whether King was aware of all these aspects of Divine’s record before casting his vote. His office did not respond to follow-up inquiries about his conversation with Hawley. Similarly, a spokesperson for Hawley did not provide a response.

Reproductive Freedom for All, a national abortion rights group, did not directly criticize King but condemned Divine’s confirmation. The group pointed out that Divine’s appointment highlights Trump’s failure to honor his promise to “leave it to the states” regarding abortion access. They warned that such appointments signal a dangerous trend that could limit reproductive healthcare nationwide.