After a full day allotted for "opening statements" yesterday, Neil Gorsuch once again takes the stand before the Senate Judiciary Committee today but this time he'll actually be entertaining questions rather than sitting in awkward silence as Democrats takes potshots at his professional career. Grab your popcorn because today's festivities are scheduled for 10 hours of mind-numbing fun.
* * *
Updates from testimony:
On his independence as a judge:
“I don’t believe in litmus tests for judges. I’ve written about that years ago. I wasn’t about to become party to such a thing."
“I’m hear to report that you should be reassured. There was no one in the process, from the time I was contacted to the expression of interest for a potential interview to the time I was nominated — no one in that process, Mr. Chairman, asked me for any commitments or promises about how I’d rule in any kind of case."
“I have offered no promises on how I’d rule in any case to any one and I don’t think it’s appropriate for a judge to do so, no matter who is doing the asking.”
Apparently Chuck Schumer disagrees with Gorsuch:
It is not only acceptable to ask a SCOTUS nominee questions & expect specific answers; it is necessary. Time for Judge Gorsuch to do so.
— Chuck Schumer (@SenSchumer) March 21, 2017
On potentially having to rule against the Trump administration:
"I have no difficulty ruling against any party."
"I’m heartened by the support I have received from people who recognize there is no such thing as a Republican judge or a Democrat judge. We just have judges in this country."
* * *
In his opening statement yesterday, Gorsuch focused on defining his role as a Supreme Court Justice as one based on independent interpretation of the law, absent any partisan filters. Per the New York Times:
“I will do all in my power,” he said, “to be a faithful servant of the Constitution and laws of this great nation.”
Judge Gorsuch said he tried to follow the example of Justice Byron R. White, for whom he served as law clerk “He modeled for me judicial courage,” Judge Gorsuch said of his mentor. “He followed the law wherever it took him.”
Pledging to dispense equal justice to “poor and rich,” Judge Gorsuch said the judicial role was “not about politics.”
Rather, he said, a judge’s plain black robes reflect a different role, representing independence. “The robe does mean something to me,” he said, “and not just that I can hide the coffee stains on my shirt.”
Predictably, Republicans defended Gorsuch's many accomplishments while Democrats questioned his independence and lamented over the loss of the seat they believe was stolen from Obama's nominee Merrick Garland.
- Senator Richard J. Durbin, Democrat of Illinois, said he wanted to know what Judge Gorsuch would do when “called upon to stand up to this president.” Mr. Durbin said, “You going to have your hands full with this president.”
- Senator Michael Bennet, Democrat of Colorado, introduced Mr. Gorsuch, his fellow Coloradan, with high praise but stayed studiously ambiguous about how he would vote.
- Senator Lindsey Graham, Republican of South Carolina, said, “if you believe this has been a great plan to get a Trump nominee on the court, then you had to believe Trump was going to win to begin with.”
- Senator Patrick J. Leahy, Democrat of Vermont, said Mr. Gorsuch was “selected by interest groups.”
- Two of the most frequently mentioned people at Monday’s hearing weren’t even in the room: Judge Merrick B. Garland, the Obama administration nominee who never got a hearing, and Senator Mitch McConnell, the Republican leader who led the blockade of Judge Garland.
Meanwhile, Senate majority leader Mitch McConnell of Kentucky has vowed that the Senate will vote on the Gorsuch nomination before leaving April 8 for its Easter recess. If confirmed, Gorsuch would take the bench in time to hear the last two weeks of courtroom argument left in the current Supreme Court term.
For now, Gorsuch needs the support of at least eight Democrats to avoid a filibuster and win confirmation in the 52-48 GOP majority Senate. If Republicans can’t get Gorsuch past the 60-vote filibuster threshold, they could go “nuclear” by removing the filibuster and eliminating not only Democrats’ ability to filibuster Gorsuch but other Supreme Court nominations to come.