As a firm believer in presidential prerogative, I feel compelled to say that the American Bar Association likely has given Donald J. Trump’s pick for the U.S. Supreme Court the boost he needs to take his seat.
The ABA has declared that U.S. District Judge Neil Gorsuch is “well qualified” to take his seat on the nation’s highest court.
Does this guarantee Gorsuch’s confirmation by the U.S. Senate? No, of course not. The Senate Judiciary Committee has to recommend his approval and the entire Senate has to vote to confirm the judge.
Gorsuch’s nomination is important for a couple of reasons.
First, he would take the seat vacated by the death one year ago of conservative judicial icon Antonin Scalia. The president told us he would select a conservative to the court if he were elected; Trump did what he pledged to do.
Is he my favorite judge? Would I have selected Gorsuch? No. But I am not the president. Neither is anyone else. That title belongs to Donald Trump.
He is qualified, though, to become a member of the Supreme Court.
Second, a Justice Gorsuch would not change the ideological balance on the court — presuming he follows through on his reputation as a “conservative jurist.” The court’s slim conservative majority remains intact with Gorsuch’s confirmation.
“The ABA’s ringing endorsement is no surprise given Judge Gorsuch’s sterling credentials and his distinguished decade-long record on the Tenth Circuit,” Judiciary Committee Chairman Chuck Grassley said. “Former Chairman [Patrick] Leahy and Minority Leader [Chuck] Schumer have called the ABA’s assessment the ‘gold standard’ in evaluating federal judicial nominations. In light of Judge Gorsuch’s impeccable record, it’s hard to imagine any other result from the ABA’s consideration.”
Every reader of this blog knows how much I detest Donald J. Trump. I cannot stand the sound of his voice, nor can I stand to watch him perform the duties of the office for which I continue to believe he is unfit to occupy. High Plains Blogger readers also know that I was enraged at Senate Republicans’ decision to block Barack Obama’s selection of Merrick Garland to fill the vacant Supreme Court seat.
But Donald Trump is the president of the United States. Just as I have argued for decades in favor of presidential prerogative, I also believe he has made a predictable choice to fill the nation’s high court.
Judge Gorsuch also is well-qualified. If the ABA provides such a decision, that’s good enough for me.
Now, as for Senate critics of Gorsuch, my advice would be for them to save their ammo for the fight that is sure to erupt when one of the liberal justices leaves the Supreme Court.
