Joshua Divine

Josh Divine is a U.S. District Court judge for the Eastern and Western Districts of Missouri. Before taking the bench, he was Solicitor General of Missouri, where he oversaw the office’s appellate and special litigation divisions. Before serving as Solicitor General, Mr. Divine was Chief Counsel to U.S. Senator Josh Hawley, where he oversaw all legal issues, managed matters related to the Judiciary Committee, and developed tech policy. Mr. Divine clerked on the Supreme Court for Justice Clarence Thomas and on the Eleventh Circuit for Judge William Pryor. He received a J.D. from Yale Law School and a Bachelor of Science degree in mathematics from the University of Northern Colorado. His recent legal scholarship has appeared in the Virginia Law Review and the Hastings Law Journal. 

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What is your current position?

United States District Judge for the Eastern and Western Districts of Missouri.

What inspired you to choose this career path?

I would not say I chose this career path in the traditional meaning of the word. Instead, I answered the call of the President and the Senate to serve the American people in this role. It was tough leaving my previous position as a state solicitor general, which had been my dream job since my first year in law school. But the rule of law is a pillar of society, and maintaining that pillar requires judges who are faithful to the Constitution. It was an honor to be selected by the President and the Senate to dedicate my career to upholding that pillar.

How did you first hear about the Claremont Institute?

Much of my success has come from following the sage advice of friends who are a few years older, and several friends who participated in the program encouraged me to apply.

What is your fondest memory of the time you spent in the John Marshall Fellowship?

By far, the after-hours conversations (spilling early into the morning) about originalism, political philosophy, and ideas that shaped American history.

If you could have a fireside chat with an American Founder, or any great thinker, who would it be, why, and what would you discuss?

There is an old joke that Catholics and Protestants agree on at least 66 books of the Bible, the Nicene Creed, and the collected works of C.S. Lewis. Lewis emphasized the need to read old books; by doing so, a person can escape the biases of the current age. That insight can be extended to persons from related, but different, cultures. I anticipate Lewis, as a British man, would produce an extraordinarily thought-provoking conversation from the somewhat-outside perspective of a person who is not an American but understands many of the political institutions because of the historical political link between America and Britain.

Who do you believe was more important for their time, George Washington or Abraham Lincoln? Why?

That is like asking which is more important: inhaling or exhaling. Institutions are extraordinarily difficult to build, yet easy to tear down. Washington was exactly what the country needed for bringing stability to a new political institution, and Lincoln was exactly what was needed to prevent destruction of that institution.

Looking back on history, in which one of the original 13 colonies would you have wanted to live and why?

I have always been fascinated by Rhode Island, which was somewhat of a maverick in early American history. The colony was founded expressly on principles of religious liberty by a refugee fleeing persecution in Massachusetts, and it was the last state to join the Union.

What qualities do you believe will make outstanding statesmen/women in this century?

With advanced AI on the horizon, the internet age promises continued revolution. Leaders will need to be rooted in history, committed to timeless principles, and innovative enough to channel these new technologies toward uses that promote, rather than inhibit, human flourishing. Finally, they will need courage. Some of the most destructive ideas in history took root in the 20th century and were advanced by respected, elite society. It took courage to resist the socially popular but destructive ideas in the 20th century, and the same will be true this century.

What do you believe is the greatest challenge facing the United States today?

The last 15 years have seen a sustained attack on the idea of America itself and its institutions, with activists seeking to undermine their legitimacy. A country not loved by her own people is a country at risk.

What books are you currently reading?

Team of Rivals: The Political Genius of Abraham Lincoln (Doris Kearns Goodwin) and Family Unfriendly: How Our Culture Made Raising Kids Much Harder Than It Needs to Be (Timothy P. Carney). I also regularly read books with (or right before) my older children. Recently, I finished Lord of the Flies before giving it to my oldest.