SCOTUS Nominee Neil Gorsuch

"Presidents come and go, but the Supreme Court goes on forever." -William Howard Taft

I've been wanting to blog about SCROTUS's SCOTUS pick, Neil Gorsuch (Haha, autocorrect makes him "Grouch"), just about since the inception of this blog.  Now that the confirmation hearings are scheduled to begin Monday March 20, the urgency is upon me to read, gel my thoughts, and tell my Senators what to do.

Part of me wants the Democrats to get retribution and block ANY of SCROTUS's nominees, but I also fundamentally disagree with the Republicans' tactic against President Obama and his nominee Merrick Garland. Two wrongs do not make a right. There ain't no way SCROTUS will nominate Garland, and we need a functioning Supreme Court. To have them hobble along for four years with eight justices just does not feel right.  So, we need to let the process happen. And pray to the gods that the Notorious RBG stays alive for four more years.

This man is 49 years old and the decision to confirm him or not is probably the most important question we'll deal with during these four years.  The potential that he helps shape America for decades to come is a very serious issue.

This op-ed from the New York Times caught my eye back at his nomination, a lifetime ago (6 weeks feels like multiple lifetimes under this administration).

The author, an acting solicitor general in the Obama administration, worked with Gorsuch during the Obama administration and found the judge's temperament to be suited to the post. He wrote that Gorsuch "brings a sense of fairness and decency to the job, and a temperament that suits the nation’s highest court."  He has confidence that Gorsuch would bring renewed confidence to the rule of law.  We need that in these times. The rule of law is just about the only thing that can reign in this apocolypse-horse-drawn carriage we are riding in.  We are counting on you, Judicial Branch!

A couple weeks later, Senate Minority Leader, Chuck Schumar (D-NY)  wrote a scathing op-ed about Gorsuch outlining his serious concerns about Judge Gorsuch's abilities to be independent, criticizing the judge's refusal to publicly condemn SCROTUS's comments about the judiciary,  and comparing Gorsuch's demeanor and hedging to (then-Judge) Roberts before his confirmation hearings.

Here is a video clip of Senator Schemer discussing these concerns with Rachel Maddow.





Today I've been reading more about Judge Gorsuch.

There was an excellent op-ed in today's Los Angeles Times.  Please read it and help formulate some  questions for your Senators to ask of the judge.  As an "originalist" Gorsuch should be questioned about his basic attitudes about the Constitution and precedents.

I encourage you to read about Judge Gorsuch's jurisprudence on the SCOTUS Blog.  Reading there may help you decide if you would like to encourage your Senators to support his nomination or filibuster. But whatever you do, you need to contact your Senators by email TODAY and TOMORROW, as hearings start Monday and a vote could take place as early as Thursday.  Here is how to contact your senator. 

My quick-n-dirty about Gorsuch:

He doesn't have a clear record on abortion, but he did favor Hobby Lobby in their case as plaintiffs wanting to restrict their obligation to allow their female employees' coverage for birth control. Read more here.

His 4th Amendment rulings have been thoughtful, in my opinion. Read and make your own conclusions.

His attitudes on Civil Rights seem to be quite conservative. 

There's another concern.  Judge Gorsuch has been cozy with a Colorado billionaire, Philip Anshutz.  Of course he should recuse himself from cases involving Mr. Anshutz or his companies, but as this article outlines, the association with the billionaire is more like a web, with many individuals and entities coming in to play.  The Senate should delve into this question, and you should ask them to do so.

After my admittedly brief reading, my conclusion is that the Democrats should filibuster this nominee. SCROTUS should nominate another judge, one more centrist, which is a move that may start to heal the deep chasm of differences in this country. The most obvious choice is Garland, of course.

For your part, join me in emailing your senators some tough questions to ask the judge next week. And after you hear his answers, ask your Senators to take action in whatever way you think is fit. Be a part of the process!

Thanks again for reading.