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Americans deserve independent pick for Supreme Court

20 March, 2017, 06:45 | Author: Mae Harvey
  • Chuck Schumer Neil Gorsuch presser sot_00001425

The Court's most solemn responsibility is to uphold the rule of law, and the most crucial votes in the Senate are the ones we cast in confirming the right justices to bear this responsibility.

"It's always hard to say how a judge is going to affect the ideology of the Supreme Court", attorney Mark Champoux told Anne Trujillo on this week's Politics Unplugged. When asked about a particular area of law or case the Supreme Court has decided, the stock answers are, "That case is established precedent", "That issue may come before the Court, so I can not comment at this time" and "Let me give you a lecture about this area of the law" - the equivalent of laughing in the face of the question-asker.

"If we end up with that gridlock I would say, 'If you can, Mitch, go nuclear, '" Trump said in early February according to Time Magazine.

A series of events last week leading up to the confirmation hearings also homed in on Gorsuch's record of ruling against the little guy, a suggestion Gorsuch backers say is nitpicking, the Times reported.

When Neil Gorsuch appears before the judiciary committee for his confirmation hearing as nominee for the U.S. Supreme Court, Sen. "I can't dictate what the Democrats are doing, but I don't hear it [discussed] very much". If the hearings suggest that yes, Judge Gorsuch is an admirer — or follower — of Professor Hamburger, then the Senate should confirm him forthwith.

Gardner, a Republican, has been supportive of Gorsuch's nomination.

However, Gorsuch is expected to face tough questions about his past opinions and writings as well as his biography with the Justice Department.

But even for Senators who think taking a judge's legal views into account is somehow inappropriate, a perfectly principled reason to oppose the Gorsuch nomination is to avoid rewarding Senate Republicans' 2016 assault on constitutional governance and the Obama presidency.

For critics of the nominee - any nominee - the object is drama, even confrontation. Drawing on the work of conservative legal scholar Robert Bork, Gorsuch argued that the Due Process Clause has been stretched "beyond recognition" when the Court interpreted it to be "the repository of other substantive rights not expressly enumerated in the text of the Constitution or its amendments".

As the world's greatest deliberative body takes up consideration of a nominee for the highest court in the land, it is time to put into action the reverence we share for the United States Constitution.

"In Employment Division v. Smith, Justice Scalia wrote that the First Amendment has never given individuals a right to opt out of laws that, in their view, burden their exercise of religion".

But traditional Democratic big spenders, such as the super PAC Priorities USA and the advocacy network led by Democratic operative David Brock, have not spent any money on paid media to defeat Gorsuch, and as of Thursday they had no plans to.

But the record reveals Judge Gorsuch is far from that, finding him to be far to the right on almost every issue. "You know why? Justices of the Supreme Court". The Supreme Court is different from other choices Trump will make, she said, because "this is forever, or at least for the rest of my lifetime".

Some of the issues that normally animate Supreme Court confirmation hearings won't depend upon Gorsuch. He wrote separately, however, to say that making a political contribution was a "fundamental" right deserving the highest level of constitutional protection, known as "strict scrutiny review". Tobi Young, a former Gorsuch clerk now practicing law in Texas, said Gorsuch adhered to the tenet that "any judge who likes every conclusion he reaches is a bad judge".

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