When President Donald Trump’s U.S. Supreme Court nominee Neil Gorsuch is sworn in for his Senate confirmation hearing on Monday, Democrats will make the case that he is a pro-business, social conservative insufficiently independent of the president.
In a bid to place hurdles in the way of Gorsuch’s expected confirmation by the Republican-controlled Senate, Democrats on the judiciary committee have said they will probe him on several fronts based mainly on his record as a federal appeals court judge and a Justice Department appointee under former President George W. Bush.
Gorsuch has served on the Denver-based 10th U.S. Circuit Court of Appeals since 2006. He would replace conservative Justice Antonin Scalia, who died in February 2016. If confirmed by the Senate, Gorsuch would restore a narrow 5-4 conservative majority on the court.
Among questions he will face will be whether he is sufficiently independent from Trump, who has criticized judges for ruling against his bid to restrict travel from Muslim-majority countries.
“The high burden of proof that Judge Gorsuch has to meet is largely a result of the president who nominated him,” Richard Blumenthal, a Democrat from Connecticut who sits on the committee, said last week at an event featuring several plaintiffs who lost cases that came before Gorsuch.
Another line of attack previewed by Democratic leader Chuck Schumer at the same event is to focus on rulings Gorsuch, 49, has authored in which corporate interests won out over individual workers.
“Judge Gorsuch may act like a neutral, calm judge but his record and his career clearly show he harbors a right wing, pro-corporate special interest legal agenda,” Schumer said.
One case involved truck driver Alphonse Maddin, who was fired after he disobeyed a supervisor and abandoned his trailer at the side of a road after the brakes froze. Gorsuch wrote a dissenting opinion as a three-judge panel ruled last year that Maddin was wrongly terminated and had to be reinstated with back pay.
Another issue, set to be pressed by California Democrat Dianne Feinstein, is Gorsuch’s role as a Justice Department lawyer under Bush from 2005 to 2006, when he helped defend controversial policies enacted after the Sept. 11, 2001 attacks, including the administration’s expansive use of aggressive interrogation techniques.
Gorsuch’ views on social issues, including a 2006 book he wrote in which he argued against the legalization of assisted suicide and euthanasia, will be discussed too.
In the book, Gorsuch cited the “inviolability of human life,” calling it a “basic good,” which some conservatives say could indicate that he is also opposed to abortion. Conservative activists have for decades sought to overturn the landmark 1973 ruling Roe v. Wade, which legalized abortion nationwide.
Republicans have praised Gorsuch’s 11-year record on the Denver-based 10th U.S. Circuit Court of Appeals.
“Notwithstanding Gorsuch’s superb qualifications and principled approach to judging, Democrats and their liberal allies strain mightily to find plausible grounds to oppose his nomination,” Hatch said in a newspaper article on Friday.
Known for his genial demeanor and keen intellect, Gorsuch will, like prior nominees, seek to engage with senators as much as possible while declining to answer specific questions.
Much is at stake for Trump and his Republican Party. If confirmed as expected given the Republicans’ control of the 100-member Senate, Gorsuch would restore the court’s conservative tilt. Doing that without too much drama would be Trump’s biggest win so far as president.
With the United States divided sharply between liberals and conservatives, ideological dominance of the Supreme Court, where justices serve for life, is a blue-ribbon prize, with an impact that can last for decades.
For Democrats, the hearing will dredge up bitter feelings. After Scalia died unexpectedly, former Democratic President Barack Obama nominated a replacement, but Republicans for months refused to consider him, blocking a leftward shift on the court.
Since Scalia’s death the court has been divided equally 4-4 between conservatives and liberals.
In some ways, the fight over Gorsuch will be just a preview of an even bigger battle to come over the next vacancy.
“We’ve known for years, before Justice Scalia passed, that this next president would have two or three Supreme Court nominations,” said Carrie Severino, chief counsel of the Judicial Crisis Network, a conservative legal group.
Three court justices are elderly. Ruth Bader Ginsburg just turned 84. Her fellow liberal Stephen Breyer is 78. The court’s frequent swing vote, conservative Anthony Kennedy, is 80.
If any of them was to be replaced by a conservative similar to Gorsuch, the court would have a firm 6-3 conservative majority, possibly for decades.
(Reporting by Lawrence Hurley and Andrew Chung; Editing by Kevin Drawbaugh and Lisa Shumaker)
Chinese fans grieve for NBA superstar Kobe Bryant after helicopter crash
NBA star Kobe Bryant's death triggered an outpouring of grief on Monday in China, where he was beloved by fans, with a hashtag of the news drawing more than a billion views.
Nine people were killed in a helicopter crash including Bryant, 41, and his 13-year-old daughter, Los Angeles officials confirmed on Sunday.
Basketball is arguably the most popular sport in China, and Bryant -- a five-time NBA champion who blogged for Chinese internet giant SINA in 2009 -- was among the first American stars to garner a large fan base in the country.
He remained popular in China after his retirement in 2016, frequently engaging via social media with Chinese fans.
Bolton’s firsthand evidence puts senators in the difficult position of believing ‘bizarro’ Trump team argument: Legal experts
Former Acting Solicitor General Neal Katyal and Harvard Law Professor Laurence Tribe agreed that the recent revelations from John Bolton, puts Republicans in a difficult position. Bolton's manuscript confirmed that President Donald Trump's bribery scheme puts senators in the difficult position of being faced with firsthand witnesses they've tried to block.
Republicans were given multiple opportunities to agree that they would like to hear witnesses and new evidence as part of the impeachment trial in the Senate, but each time, they voted against it. But with the news Bolton released Sunday night, it forces senators to acknowledge they deny even firsthand evidence of Trump's guilt.
Democratic senator says she gets more ‘disheartened’ every day hearing GOP deny evidence and witnesses
Day after day, Republicans senators find new excuses to dismiss the evidence they hear that in any courtroom would convict an ordinary American citizen. It was enough to make normally happy Sen. Debbie Stabenow (R-MI) feel "disheartened" by the whole process.
"As somebody from Michigan, we believe in commonsense, and you can't look at all this and say, 'is this how somebody would act if they were innocent?'" said Stabenow. "And you can't look at this and say, 'Is this how somebody would act if they were innocent?' All of this coming out over and over again. I'll never forget Adam Schiff on the floor saying to all of us, 'Nobody's saying, well, gosh, Donald Trump would never do that.' The truth is it's all about will he get away with it? It's all about, are they going to be successful in hiding it and so on?"