Krauthammer: Why Attacking Gorsuch Is a 'Losing Proposition' for Democrats

Posted March 20, 2017

As Judge Gorsuch said in his speech accepting the nomination to the Supreme Court, "A judge who likes every outcome he reaches is very likely a bad judge".

Republicans hope to complete the confirmation process by April.

The Democrats already have telegraphed another aspect of their strategy: If the nomineedodges, or refuses to answer their questions, that will be more fodder for their opposition.

Judge Neil Gorsuch, pictured with Sen. Anytime a major decision is before the United States Senate, the 60 vote majority rule plays a role.

Gorsuch said just previous year that courts must "apply the law as it is, focusing backward, not forward, and looking to the text, structure and history to decide what a reasonable reader at the time of the events in question would have understood the law to be-not to decide cases based on their own moral convictions or policy consequences they believe might serve society best".

Though the critics are loud and the temptations to join them may be many, mark me down too as a believer that the traditional account of the judicial role Justice Scalia defended will endure.

Whitehouse, a member of the Senate Judiciary Committee, spoke on a March 14 press call, less than a week before the committee is set to begin confirmation hearings on Gorsuch on March 20.

"I think he's going to be an independent voice on the court".

Blumenthal said that during that time, Gorsuch corresponded with Michael Davis, an official in the White House Office of Political Affairs. Senators from the president's party toss softballs that let the nominee display his or her erudition, while opposing senators ask "gotcha" questions that anybody skilled enough to be nominated can evade easily.

So far the Democrats have not given much of an indication that they'll do this. Senators could ask real questions, about the meaning of different constitutional or statutory provisions divorced from any pending or hypothetical cases. But the rest of them may be in the George W. Bush Presidential Library of the National Archives. Judge Gorsuch is likely to have that skill as well, unless nerves or something else get the better of him.

Democrats also remain bitter that Republicans blocked former President Barack Obama's nominee for the same high court seat, Judge Merrick Garland, for almost a year.

"Research about the nomination process has been dominated by right-wing groups that stood up a response within hours [of Scalia's death] and had a seven-figure paid media campaign active within days", the proposal said. That almost year-long political stall, she suggests, should be the basis for evaluating the Republican nominee.

Senate Minority Leader Chuck Schumer of N.Y., criticizes the Republican health care plan created to replace Obamacare, March 7, 2017, during a news conference on Capitol Hill.

"This hearing is an opportunity for not only the Senate, but the American people to get answers to these questions, and it's a chance for us to hear directly from the nominee himself", says Senator Grassley in the video.

President Donald Trump urged McConnell last month to "go nuclear" if Democrats try to filibuster his nominee, invoking a procedural move that would allow Gorsuch to be confirmed by a simple majority of 51 votes, instead of 60. These Democrats would rather save the filibuster for if there is a second Supreme Court vacancy during the Trump administration, threatening to fill a seat now occupied by a liberal justice.