The Independent

Gorsuch reassures senators of his independen­ce from the White House

- MYTHILI SAMPATHKUM­AR IN NEW YORK

Donald Trump's pick for the Supreme Court, Neil Gorsuch, has assured a Senate committee that he has never been asked to make any promises on rulings by the President's administra­tion; and that that he would have "walked out the door" if he had been asked to overturn the groundbrea­king abortion-rights case, Roe v. Wade.

The Senate Judiciary Committee are meeting for the second day of Mr Gorsuch’s confirmati­on hearing for a Supreme Court seat, amid concerns from Democrats that Mr Gorsuch will be beholden to the man that nominated him. Republican Senator Chuck Grassley of Iowa, chair of the Judiciary Committee, began by questionin­g Mr Gorsuch on his independen­ce from politics.

Mr Gorsuch said that was a “softball” question, easy for him to answer definitive­ly. “I decide cases... it makes me think of [Supreme Court Justice] Byron White,” Mr Gorsuch said. He noted that he admired Mr White’s “fierce, rugged independen­ce.”

Mr Gorsuch went on to cite the Oath of Supreme Court Justices, saying “[I will] administer justice without respect to persons, and do equal right to the poor and to the rich.”

“I leave all the other stuff at home,” said Mr Gorsuch.

“When I became a judge, they gave me a gavel not a rubber stamp,” Mr Gorsuch said, adding that no one, including the President, was “above the law.” One of the biggest concerns for Democrats and women’s rights advocates groups is President Trump’s promise to nominate a Supreme Court judge that would overturn Roe v. Wade.

The Supreme Court in part makes decisions on new cases based on rulings in past Supreme Court cases, and Mr Grassley questioned Mr Gorsuch regarding precedent.

Mr Gorsuch said Supreme Court precedents deserve respect, even as he sidesteppe­d answering whether he thought a series of contentiou­s cases from the past had been decided correctly. He said it would be "beginning of the end" of the independen­t judiciary if judges had to indicate how they would rule in future cases. Bringing in Roe v Wade, Mr Gorsuch said “precedent is like judges’ shared family history, it deserves respect.”

He noted that he would not sit in front of the committee and say what was his “favourite or least favourite precedent,” noting that good judges would not do that because it signals pre-judgement rather than ruling on the facts presented in a case. “I didn’t want that kind of judge as a lawyer,” Mr Gorsuch said.

California Democrat Senator Dianne Feinstein pushed Mr Gorsuch on whether he thinks Roe v. Wade had “super precedent.” Mr Gorsuch said following precedent “adds to the determinac­y of law… it’s part of the reason the rule of law works so well” in the US.

Roe v. Wade has been “reaffirmed.. .dozens of times” when challenged in subsequent Supreme Court cases, Ms Feinstein pushed again. Mr Gorsuch agreed, “it has been reaffirmed several times.”

Mr Trump has repeatedly assailed the judiciary both as a candidate and since taking office. Mr Trump condemned federal judges who have put on hold his two executive orders to ban the entry into the United States of people from several Muslim-majority countries.

In a Twitter post during the hearing on Tuesday, Mr Trump praised Mr Gorsuch as “the kind of judge we need” for the high court.

Democratic Senator Sheldon Whitehouse pressed Mr Gorsuch to call for the anonymous financial backers behind the Judicial Crisis Network conservati­ve legal advocacy group's $10m campaign supporting his nomination to identify themselves, but the nominee refused to do so, saying he would not engage in politics. But Mr Gorsuch added, “Nobody speaks for me.”

If Mr Gorsuch is confirmed by the Senate, as expected, he would restore a narrow 5-4 conservati­ve court majority. The seat has been vacant for 13 months, since the death of conservati­ve justice Antonin Scalia. Democrats have only a slim chance of blocking his nomination in the Republican-led Senate. Some Democrats have said Republican­s “stole” a Supreme Court seat last year when the Senate refused to

consider Democratic former President Barack Obama's nominee to replace

The Court's ideologica­l leaning could help determine the outcome of cases involving the death penalty, abortion, gun control, environmen­tal regulation­s, transgende­r rights, voting rights, immigratio­n, religious liberty, presidenti­al powers and more.

 ??  ?? Neil Gorsuch appears before the Senate Judiciary Committee hearing on his nomination to be an associate justice of the Supreme Court (EPA)
Neil Gorsuch appears before the Senate Judiciary Committee hearing on his nomination to be an associate justice of the Supreme Court (EPA)

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