But it seemed to pay off for the GOP when Donald Trump was elected, and then picked Neil Gorsuch.
Grassley said to the judge at the start of the hearing: "If you hear that you're for some business or against some plaintiff - don't worry". "How he ends up getting confirmed could be a bloody battle for a little while and that's unfortunate". However, through an audacious and historically unprecedented act of grand theft judiciary, the Republicans stole the seat out from under the Democrats and now have the chance to put a radical, young conservative on the Court for the next several decades. A recent survey showed that 91 percent of Democratic congressional staffers expect him to be confirmed, as Democratic senators have failed to find any salient items that would merit disqualification.
This is the 14th confirmation process for a Supreme Court nominee in which I have participated. Instead, they will be competing for attention during a manic moment on Capitol Hill: The House Intelligence Committee will meet publicly Monday regarding Russia's role in the presidential election, with FBI Director James Comey set to testify; and House Republican leaders are hammering out the final details of their health care reform bill, which is expected to come to a vote Thursday.
"A fellow Coloradan, Judge Gorsuch is an exceptional jurist who will bring a Western perspective to the Supreme Court".
"He interrupted our class discussion to ask students how many of us knew women who used their companies for maternity benefits, who used their companies to - in order to have a baby and then leave right away", Sisk said. "I could be wrong, though, because [the] Democratic base is furious and may demand that the Democrats go after Gorsuch with everything they've got". In writing them, he routinely draws on law review articles and other scholarship, and he manifests a deep and nuanced understanding of the doctrines he applies. After all, a real originalist would have to take unpopular positions, such as that the Constitution does not protect women from discrimination and that states can ban interracial marriage.
But the record reveals Judge Gorsuch is far from that, finding him to be far to the right on almost every issue. They believe Democrats should hold their fire in the expectation of another vacancy.
Barring some kind of disaster, it looks like Gorsuch likely will get the nomination, whether Democrats like it or not.
The decision is politically fraught for Democrats, with liberals pressuring them to reject Gorsuch in part because Republican senators did not allow a hearing on former President Barack Obama's nominee, Merrick Garland, in the waning days of his administration. But I hope that Gorsuch can come as close as possible to showing that that's not true.
It's up to the committee's Democrats to make sure Gorsuch does not get away with dodging questions in this fashion. 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.
Other justices, included Chief Justice John Roberts, referred to the "Ginsburg standard" in order to avoid answering questions about current cases and controversies.
"The seriousness with which the judge asked us to consider these realities reflected his desire to make us aware of them, not any animus against a career or group", he wrote.
In 2007, with the Democrats having recently regained the majority, Schumer said, regarding potential Supreme Court nominees "we should reverse the presumption of confirmation". It's hard to imagine Gorsuch coming off as anything but a respectable, smart and nice guy.