Senate Democrats' Incoherence on Gorsuch and Executive Power

Remigio Civitarese
Marzo 21, 2017

He said in a statement last month that he has "real concerns" about Gorsuch's judicial philosophy and some of his past opinions.

This will be the first time that most Americans have have heard from Gorsuch - a judge for the USA 10th Circuit Court of Appeals in Denver - since he was introduced to the public by President Trump at the end of January to replace conservative Justice Antonin Scalia, who died more than a year ago.

And beware of senators, Republican or Democrat, trying to pin Gorsuch down on hot-button issues such as abortion or gun rights.

The committee is set to begin confirmation hearings on Monday.

Ms Perry gave the example of President Lyndon B Johnson's nomination of Justice William Fortis to be promoted to the Chief Justice position was filibustered by both Republicans and Democrats at the time, but Mr Fortis was still given a proper hearing.

But most of Monday will be taken up by the opening statements of the committee's 11 Republican senators and nine Democratic senators as they lay out the case for and against Gorsuch's confirmation. Considering how little anyone knew about the 49 year-old Colorado Appeals Court judge it is a hasty timeline, and one that some Democrats say isn't long enough. They joined advocacy organizations for an event in front of the Supreme Court last week.

The Senate has confirmed 124 Supreme Court justices since the United States was founded.

Hatch said when taking his seat on the appeals court, Gorsuch swore to administer justice without respect to persons and to impartially discharge his judicial duties.

The disclaimer (and covering fire) follows an intense examination of Gorscuh and his record in the aftermath of his January 31 nomination to the U.S. Supreme Court by President Donald Trump.

But even if the Democrats do come out swinging, all of their efforts could be for naught if Gorsuch doesn't answer their questions.

Grassley argued that Gorsuch's body of professional work is defined by an unfailing commitment to the principles of constitutional order and the separation of powers. For those of us on this side, our job is not to theoretically evaluate this or that legal doctrine, or to review Judge Gorsuch's record in a vacuum.

The looming questions for some are whether Senate Democrats will actually initiate a filibuster to block the nomination and whether Kentucky Senator and Majority Leader Mitch McConnell will shuttle such an attempt.

Democrats will also use the hearing to go after Trump's early actions such as his travel ban for people from seven - then revised to six - majority-Muslim countries, which has been blocked by federal courts from coast to coast. "Judge Gorsuch's comments implied that women intentionally manipulate companies and plan to disadvantage their companies from the first interview". "And if you are concerned about these things, as you should be: I want you to meet Judge Neil Gorsuch". "It's a lifetime appointment on the nation's highest court".

"Remember, after I voted for Ms. Kagan, all the headlines were that 'this will ensure Graham is primaried, '" he said, talking about increased opposition at election time.

Justices do not pass judgement on the people before them, Gorsuch said, but on the law.

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