ibusinesslines.com March 23, 2017

Warren says 'Gorsuch doesn't belong on the Supreme Court' in op-ed

21 March 2017, 02:02 | Erica Roy

Democrats to Probe Gorsuch Views on Campaign Finance

Denver news in 5 minutes: What you need to know today, March 15

President Donald Trump's nominee for the US Supreme Court, Neil Gorsuch, faces tough scrutiny as his Senate confirmation hearings begin on Monday.

A big question is if confirmed, how will conservative Neil Gorsuch change the make-up of the Supreme Court?

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.

The Utah Republican said in his experience, the process reveals the kind of judge senators want to see appointed. Before that, he was a high-ranking official in the Justice Department under President George W. Bush. He added, "Thank goodness that the majority in this case pointed out that common sense and the Oxford dictionary" supported their view that the firing was without merit. Dick Durbin of IL said pointedly. "For the truth is, a judge who likes every outcome he reaches is probably a pretty bad judge, stretching for the policy results he prefers rather than those the law compels".

On the first point, if the Dems spend their time asking Gorsuch softball questions about his judicial philosophy and position on constitutional law, it will be a clear sign that they are not going to oppose his nomination.

The nominee himself, Judge Neil Gorsuch of the Denver-based 10th U.S. Circuit Court of Appeals, seemed nearly an afterthought at times, sitting alone at the witness table, occasionally nodding or taking notes, as the 20 members of the Judiciary Committee took turns delivering lengthy and partisan opening statements. The bar is always high to achieve a seat on the Supreme Court, but in these unusual times - when there is unprecedented stress on our system of checks and balances - the bar is even higher for Judge Neil M. Gorsuch to demonstrate independence. While Republicans showed nothing but respect, more than a few Democrats questioned Gorsuch, suggesting he would favor corporations over people.

Many of the Democrats are ready to put up a fight, having not forgiven the Republicans for blocking a confirmation hearing on Judge Merrick Garland, the highly regarded, liberal appeals court judge who was President Obama's choice to replace Scalia.

Gorsuch now sits on the 10th Circuit Court of Appeals where he has carved out a reputation for being a strong adherent of "textualism", or a literal reading of the Constitution. Pat Toomey do not serve on the Senate Judiciary Committee, which is holding the hearing. They are not doing so out of a sense of altruism - they expect him to deliver.

In addition, the American Civil Liberties Union and the National Education Association have also expressed concern about Gorsuch's record on disability rights issues, particularly in regard to cases involving students with disabilities.

"There is a history here, and it's nearly unique, that Donald Trump has in fact established a litmus test promising, absolutely promising, that he would nominate someone who will overturn Roe v. Wade", Blumenthal said.

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