Neil Gorsuch, Judge Neil Gorsuch, SCOTUS, Supreme Court, Supreme Court Nominee, Donald Trump, US Senate, Chuck Schumer, Diane Feinstein
This report is intended to rally the GOP members of the Senate to not simply vote for Judge Neil Gorsuch, but to openly and assertively rally to support him and win over as many Democratic colleagues as they can to confirm this mainstream judge. The argument I will make is this, if THIS judge does not warrant an all-out stand, an all-out push, then no Constitutional Judge will ever be confirmed by the Senate again and the party of Lincoln will further fade in irrelevance. It’s time to put up or shut up, GOP.
A Call to Arms for the GOP, Fight for Gorsuch or Go Home
Why the GOP must do everything it can do to confirm Judge Gorsuch. Anything short of a full-out effort will reveal the GOP to be a feckless agent of the kind of change Americans want.
President Donald Trump made a promise during his campaign that he would nominate for the Supreme Court someone who was “exceptionally qualified” and had a similar originalist record of judging cases that Justice Scalia had. In Judge Neil Gorsuch, we believe President Trump fulfilled that promise. In Judge Gorsuch, you will find the personification of “Mainstream Judge.”
We understand why some Democrats would wish to stop this nomination. For them, nothing short of another Ruth Bader Ginsberg will do, someone who puts their ideals ahead of a strict, originalist interpretation of the Constitution. Many Democrats wish for a “living, breathing” Constitution, or one whose meaning can shift according to the whims of the judges. For those Democrats, a mainstream judge is extreme, will ALWAYS be extreme. But not ALL Democrats look at the Constitution in this post-modern way. It is to THEM that I speak, and it is to THEM that I urge the GOP members of the Senate to speak.
What I do not understand is why there would be any wavering, any buckling by Republicans in the Senate on supporting this nominee. I am not just talking about their intentions to vote for Gorsuch, but the efforts they put into swaying votes from among those moderate Democrats, especially the ones from states where President Trump won.
If the party of the Constitution cannot support a man, cannot fight for a mainstream judge with such credentials, such a track record of being an originalist, then that party should cease from calling itself the party of the Constitution. If a mainstream Judge is too extreme for any Republican to spend their political capital fighting for, then no Constitutional Judge will ever merit support of any significant level by this party.
In point of fact, the SCOTUS selection was a major focus of the campaign, so the fact that President Trump won gives credibility to the claim that most of the regions in this county want that type of SCOTUS nominee, an originalist, not a ‘make-it-up-as-you-go-alongist’ activist judge out to push your own agenda.
This is a defining moment for the Republican Party. Have they heard the voice of the people, especially within their own party, the people who are sick and tired of being ignored, of being dismissed, of having their concerns for their own liberties being labelled extreme and radical? The Party of Lincoln has an opportunity to define itself as the party of Liberty once again, else continue its slide towards being perceived, rightly or wrongly, as nothing more than token opposition to the Progressives.
The Democrats know what a mainstream judge he is. This is why, in 2006, Judge Gorsuch was confirmed by a voice vote only. As a matter of fact, 11 Democrats, including Senate Minority Leader Chuck Schumer, as well as Senators Patrick Leahy and Diane Feinstein, all joined in that confirmation. 20 current Republican Senators also were a part of that confirmation process that featured no opposition. You don’t get that kind of support if you’re not a mainstream Judge.
This fact hasn’t stopped radicals within the Democratic Party for calling for boycotting a vote on Gorsuch entirely, as a way to delegitimize the Presidency. We covered Robert Reich’s assault on the republic, but he doesn’t speak alone. There are plenty within the Democratic Party who take that same approach to this nomination process. These radicals are unreachable. But those radicals do not represent the Democrats the GOP members of the Senate can reach.
Now, who is Neil Gorsuch? Who is this alleged extremist? First, let’s start with his qualifications. President Trump promised he would pick a candidate that was eminently qualified. Let’s look at where he started and follow his career up to this current time.
Here is a man who has been at the ground level, as it were. He comes from Colorado, where he worked various blue collar jobs, including running his own paper route as a child, mowing lawns, and as a front desk clerk at a Howard Johnson,
He is an outdoorsman. He even has a barn in his home where he raises animals. He has a sense of what people who don’t live in ivory towers behind gates and guards experience in their everyday lives.
He is eminently qualified. He went to a host of prestigious schools, including Columbia University, where he graduated with honors and as a member of Phi Beta Kappa. He went to Harvard Law School where he graduated cum laude, and also earned a Truman Scholarship. He then went to Oxford University, where he earned a Marshal Scholarship.
His past work experiences include working in the Department of Justice as a Principle Deputy Associate Attorney General, a Supreme Court Clerk for both Justices Byron White and Anthony Kennedy. He was also a court clerk for D.C Circuit Court Judge David Sentelle.
He has experience in the private sector, working ten years as a private attorney, where he dedicated much time doing pro bono work to represent the poor and disadvantaged. When he was nominated for the Tenth Circuit, the American Bar Association gave him a unanimous “well qualified” rating.
Now, how about who he is as a Judge, does he fit the bill as an originalist? The left will have you believe he’s a radical, but the only thing radical about Judge Gorsuch is he’s not a ‘make-it-up-as-you-go-alongist.’
He is an originalist when it comes to the Constitution and bases his rulings on that strict interpretation. He is, in the truest sense of the term, a mainstream judge. As a matter of fact, he was viewed as such a mainstream judge that he was confirmed to the Tenth Circuit Court of Appeals by a voice vote only, as I documented earlier.
The man who stood before the Senate in 2006 promised to be a strict Constitutionalist. He followed through with that promise in his rulings. So why do progressives, many of whom actually voted for his confirmation, suddenly find him to be anything but the mainstream judge that he is if he hasn’t changed since his confirmation to the 10th circuit court of appeals?
Judge Gorsuch once wrote that “a judge who likes every result he reaches is very likely a bad judge, reaching for results he prefers rather than those the law compels.” This is the philosophy that underlies Judge Gorsuch’s approach to adjudication.
On statutes, Judge Gorsuch wrote, “statutes are a product of compromise.” This, again, reflects that respect for Rule of Law over a Judge’s preference for what Rule of Law SHOULD be.
If you look at Judge Gorsuch’s record, you will find rulings that respect the basic principles of the constitution, that of limited government, individual rights, and religious liberty. On religious liberty, Judge Gorsuch upheld the rights of both Hobby Lobby and the Little Sisters of the Poor against government intrusion against their religious liberties. He also extended that religious right to religious minorities, including for Native Americans.
If Judge Gorsuch is too extreme to be a Justice of the Supreme Court, then no one but a progressive ‘make-it-up-as-you-go-alongist’ judge will do.
In war, there is a saying that goes something like this, ‘this is not a hill worth dying for.’ There are times and places to stand, and sometimes the effort to stand, to hold a hill, will warrant more or less commitment. I believe that THIS is a hill worth standing for, come what may, that if the Democrats can effectively prevent a man like Judge Gorsuch from becoming the next Supreme Court Justice, then the Republicans have no hope of ever returning the Judicial Branch to the Constitutional foundation on which it rests.
Judge Gorsuch is a mainstream judge for anyone who rejects the idea of using the courts to change the meaning of the Constitution to allow for their favorite law to be upheld or a law they despise to be struck down.
We’ve had enough of judges being too happy with their rulings. It’s time to return the court to the good stewardship hands of mainstream Judges like Neil Gorsuch. It’s time to end the ‘make-it-up-as-you-go-alongist’ culture that sits on our courts today.
If we cannot rely on Republicans, and moderate Democrats who hail from states where President Trump won, to stand on this hill, decisively, then we cannot rely on them for anything. In other words, Republicans, fight for Judge Gorsuch or Go Home. We don’t need you anymore.