Tag Archives: Neil Gorsuch

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Principle pushes against politics

I just hate it when principle runs smack head-on into real-time politics.

The nomination of Neil Gorsuch to the U.S. Supreme Court has created just such a conundrum — at least for me.

The principle involves whether to fill the ninth seat on the nation’s highest court, an argument I made when President Barack Obama nominated Judge Merrick Garland to fill the vacancy created by the death of Justice Antonin Scalia.

It wasn’t to be for the Garland and the president; Senate Republicans threw up their roadblock and obstructed the nomination by refusing even to consider it.

They were wrong!

Now a new president has nominated Gorsuch to Scalia’s vacant seat. Senate Democrats are threatening to do all they can to obstruct it, to block Donald Trump’s nominee from taking his seat on the bench.

I’m swallowing real hard as I write this, but it is just as wrong for Democrats to obstruct this nominee as it was for Republicans to obstruct Merrick Garland.

The principle of presidential prerogative stands firm in my view.

So does the need for the Supreme Court to be whole. It needs nine seats occupied to avoid tie votes that in effect send important cases back to lower-court rulings.

At one level, I sympathize with Democrats’ rage at the way their GOP “friends” played raw politics with Garland’s nomination. The GOP leadership took a huge gamble on the hope that a Republican would be elected president. The odds of that gamble paying off seemed to lengthen considerably when Donald Trump won the GOP presidential nomination this past summer.

Trump fooled a lot of us by defeating Hillary Rodham Clinton.

Now it’s Donald Trump’s turn to nominate people to become justices on the highest court in America.

By all accounts, Gorsuch is qualified. He’s not my ideal justice candidate. To be candid, given Trump’s seeming lack of ideological conviction, I’m not at all certain he even fits whatever core values inform the president’s thinking.

The fundamental point, though, is whether it is right for Democrats to threaten to keep the seat vacant for another year — or perhaps for the entire length of time a Republican president is recommending potential justices.

It is not right!

Judge Gorsuch deserves a Senate committee hearing and a full vote in the Senate — just as Judge Garland did.

Principle ought to matter more than politics — even when one’s political sensibilities are being trampled.

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GOP’s amnesia surely must be cured

I cannot believe a Republican U.S. senator from Pennsylvania actually said this. But he did.

“We did not inflict this kind of obstructionism on President Obama.”

That came from Patrick Toomey.

It takes my breath away. I might need some smelling salts before I get done with this blog post.

Oh … yes you did, senator!

I get that Donald Trump’s selection of Neil Gorsuch as the next Supreme Court justice has angered Democrats. I also get that the president is entitled to nominate someone of his choosing.

What I do not get is the crass, brassy and classless argument from Senate Republicans — namely Sen. Toomey — that they didn’t obstruct President Barack Obama’s efforts to govern.

Good grief, dude! You made it your top priority!

The hands-down example of obstruction occurred after Antonin Scalia died suddenly while vacationing nearly a year ago in Texas. The Supreme Court justice’s corpse was still warm when Senate Majority Leader Mitch McConnell declared that the Senate GOP would block anyone selected by the then-president to succeed Scalia.

President Obama unveiled Merrick Garland as his nominee to the Supreme Court. McConnell held firm on his pledge. He blocked the nomination. He obstructed the president from fulfilling his constitutional duty to nominate a candidate for a federal judgeship.

Then, as if he had forgotten what he had done, McConnell accused the president and Senate Democrats of “playing politics.”

Are you bleeping kidding me, Mr. Majority Leader?

So here we are. Another president has picked another judge to the highest court. Democrats are furious at the treatment an earlier nominee got from their Republican colleagues.

And Republicans now are saying out loud — and apparently without a hint of shame — that, by golly, they didn’t obstruct a president from the opposing party.

They need treatment for their selective amnesia.

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Hold on! Court balance won’t change

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All this hyperventilating over Donald Trump’s choice for the U.S. Supreme Court is making me dizzy.

The president tonight brought out Neil Gorsuch, a judge on the 10th Circuit of Appeals, as his nominee for the nation’s highest court.

He’s a conservative, just as Trump promised. He is a “strict constitutional constructionist,” again as Trump vowed. He’s also a disciple of the late Justice Antonin Scalia, as Trump pledged.

Now we’re hearing talk about the “nuclear option” that Senate Democrats might employ to stop Gorsuch’s confirmation. They’ll oppose this fellow, seemingly as payback for the shabby treatment Senate Republicans leveled against President Obama’s choice to succeed Obama. Remember that? Senate GOPers said within hours of Scalia’s death that they would block anyone the president nominated. Obama selected Merrick Garland and the Senate didn’t even give him a hearing and a vote.

Let’s take a deep breath here.

I want to make a couple of points.

One, I detest the notion of Donald Trump nominating anyone to the court. But he won the presidency without my vote. He won enough electoral votes to take the oath of office. Thus, he earned the right to choose anyone he wants.

Gorsuch isn’t my kind of justice. But someone else is the president.

Two, the ideological balance of the U.S. Supreme Court is not going to change when — or if — Gorsuch is confirmed. Scalia was a conservative icon. He was a heroic figure among political conservatives. Placing another judicial conservative on the high court restores the court’s narrow 5-4 conservative bent.

I feel compelled to note that the court — with that narrow conservative majority — made two decisions that riled conservatives, um, bigly. It upheld the Affordable Care Act and it declared same-sex marriage to be legal under the 14th Amendment’s equal protection clause.

Would a Justice Gorsuch change that equation? I don’t see it. A nominee to succeed, say, one of the liberals on the court would most assuredly prompt a titanic political battle … as it should.

None of this will matter, of course, to Senate Democrats who are enraged at the president over many — seemingly countless — issues. His behavior in the first 10 days of his presidency, culminating with his firing of an acting attorney general over her refusal to defend Trump’s paranoid refugee ban, has angered Democrats to their core.

Thus, the fight is on.

It pains me to acknowledge it, but I must. Donald Trump vowed to nominate someone from a list of 20 or so jurists he revealed during his campaign. He has delivered on his pledge.

Judge Gorsuch isn’t to my liking. Moreover, my candidate lost. The other guy won. As they say, elections do have consequences.