As one observer put it: “When the Senate ceases to engage nominees in meaningful discussion of legal issues, the confirmation process takes on an air of vacuity and farce, and the Senate becomes incapable of either properly evaluating nominees or appropriately educating the public”. The judge who led the majority said Judge Gorsuch’s opinion “mischaracterizes this litigation and the panel opinion at several turns”. Patty Murray, D-Wa., said at a recent event, as quoted by the New York Times. Democrats can seek to use a procedural maneuver to block a confirmation vote if Gorsuch’s supporters cannot muster 60 votes, although Republicans could change the Senate rules. “So it’s unsurprising that a lot of Native American tribes have come out in support of Judge Gorsuch”, said David Feder, another former law clerk for Gorsuch.
Gorsuch going down in defeat, according to Malcolm, is not probable.
Gorsuch’s hearings will start Monday before the Senate Judiciary Committee, which includes Sen.
Judge Gorsuch broke ranks with colleagues who ruled that the Republican governor had overstepped his authority.
Democrat Bennet has not said whether he will support Gorsuch, who was nominated by President Donald Trump on January 31. So instead of approving or rejecting the nominee, the committee will usually report the nomination favorably, unfavorably or without recommendation.
But it is also a sign of Gorsuch’s profile and mainstream credibility.
“It’s too bad that we have to deal with this, because when you have more money, you have a bigger megaphone to get your message out”, said Marge Baker of People for the American Way, one of just two anti-Gorsuch groups spending money on the air. He’s so secretive, in fact, that one of the largest medical facilities in the state is named after him. Every Supreme Court nominee has to appear before the Senate Judiciary Committee before being considered by the entire Senate.
Judging from some letters we received and published throughout 2016, a driving motive behind the quest for Republican victory was the fear Hillary Clinton as president would upset the balance of power on the U.S. Supreme Court, tilting it to the left, possibly for a generation or more.
“This case is a tale of two statutes“, the Affordable Care Act and the Religious Freedom Restoration Act, wrote Gorsuch. Some have even held out the prospect of voting for a Trump nominee if he or she were more in the mold of Judge Garland. “I don’t recall that conversation, but if they had mentioned it to me I would have told them to send it to whomever (at the White House) was responsible for reviewing that application”, Allard added.
Given the complexity of the law and the complexity involved in saying what really happened in a given dispute, all judges, and especially those on the Supreme Court, often have to exercise a quasi-legislative power: They have to decide what should be done based on their own moral and political values, since existing legal standards conflict, or are indeterminate, or are silent on the problems they confront.
“Judge Gorsuch is extremely intelligent and hardworking”, Turbiville said.
“It would be no surprise to me if senators in red states who are up for re-election in 2018 voted with the interest of their constituents rather than embracing the partisan gridlock [Senate Minority Leader] Chuck Schumer is advocating”, Severino said. Gorsuch wrote a 2006 book called “The Future of Assisted Suicide and Euthanasia” in which he lays out his arguments in opposition to giving those diagnosed with a terminal illness drugs to bring about their death. Sen.
Still, they are trying – and it doesn’t take much for confirmation hearings to take an unexpected turn. Eastern time on Monday, March 20 and could last for days.
The committee will then have a second round of questioning, which might be as long as 20 minutes per senator (or almost seven hours total).