The case for the conservative court
From the chaos of the new Trump administration, amid court challenges and nose diving approval ratings, an incredibly smart and well-informed nominee has emerged. No, I’m not talking about “Mad Dog” Mattis or even Guns’n Grizzlies Devos. I speak of Judge Neil Gorsuch, Trump’s nominee to the Supreme Court. In the name of preserving the rule of law and protecting the Constitution, Democrats should join the Republican majority in Congress and confirm Gorsuch with the full sixty votes.
One main argument put forward in opposition to Gorsuch is that the GOP “stole” the nomination. However, the American people gave Republicans a pass on Election Day and has given them a mandate to fill Justice Scalia’s seat. It’s time for Democrats to move past their bitterness and leave behind vindictive obstructionism. The court simply cannot function withought nine members. Instead of a childish tit-for-tat attempt at revenge, Democrats should grow up and do their jobs.
Senate Minority Leader Chuck Schumer has vowed to oppose any nominee that was out of the “mainstream.” Now, conveniently, Schumer has designated Gorsuch as out of that mainstream. The fact is, Gorsuch is a scholarly, extremely qualified candidate, well-versed in, and well within, the originalist mainstream. This legal philosophy of interpreting the Constitution as it was written by the founding fathers is a widely accepted position in the legal world. This nomination has drawn comparisons with the Bork nomination of the Eighties. Robert Bork, the colorful conservative nominated to the court by Ronald Reagan, was called an extremist and had his nomination rejected. Gorsuch is not Bork, he has never had an opinion reversed or significantly criticized, and his nomination to the tenth circuit by President Bush had not one vote cast against it.
The most important part of any Supreme Court nomination is the judge in question’s legal philosophy. Gorsuch closely fits with the man whose seat he is taking; the late, great Justice Antonin Scalia. His originalism will protect the Constitution and restrain abusive government decisions. At a time when separation of powers is challenged, and President Trump shows open disdain for the judiciary, someone who will stand up to the executive branch is a must. Gorsuch meets this need perfectly, as he has repeatedly ruled against the executive branch in cases of overreach. Previously he has ruled against the government when it attempted to interpret the law to disfavor immigrants. This willingness to stand up to executive overreach is important not just for the long term, but in terms of the Muslim travel ban.
With the Republican majority in Congress, Judge Gorsuch will be confirmed to the court either way, but making this a bipartisan confirmation is invaluable. While President Trump has been open to pushing Gorsuch through with only a slim majority, Senate Majority Leader Mitch McConnell, has expressed dissent. To show government is working within its constitutional bounds, and that the unified Republican government is not running roughshod over norms and rules, sixty votes should be attained. However, that can only happen when Democratic Senators put country over party and in a bipartisan vote, confirm Gorsuch to the highest court in the land.
Judge Neil Gorsuch is an incredibly intelligent, mainstream judge who will uphold the laws and Constitution of the United States as an associate Justice. He deserves a seat on the Supreme Court of United States, and of a bipartisan confirmation with sixty votes.
By Kerry Soropoulos