Gorsuch promises to remember the ‘modest station’ of judges in a democracy
WASHINGTON – Judge Neil Gorsuch promised to remember the “modest station we judges are meant to occupy in a democracy” if he is elevated to the nation’s highest court, as the hearing on his nomination to the Supreme Court began Monday among Democratic opposition.
Democrats on the Senate Judiciary Committee made clear they still have an axe to grind over the decision of their Republican colleagues to keep open the seat held by the late Justice Antonin Scalia.
They said they would use four days of scheduled confirmation hearings to draw out the process of nominating Gorsuch, who sits on the Denver-based U.S. Court of Appeals for the 10th Circuit.
In a 13-minute introductory address, Gorsuch reassured senators he was a mainstream jurist, who was in the majority in 99 percent of the 10 years of cases he decided on the appeals court.
Gorsuch said he has ruled for disabled students, prisoners, undocumented immigrants, the rich and poor “and against such persons too,”
“But my decisions have never reflected a judgment about the people before me – only my best judgment about the law and facts at issue in each particular case,” he said.
The senators will begin questioning Gorsuch at 9:30 a.m. Tuesday.
It was clear from the beginning of Monday’s hearing that Democrats were still upset that Republicans blocked consideration of U.S. Appeals Judge Merrick Garland, who had been President Barack Obama’s choice to replace Scalia after his death 13 months ago.
Senate Majority Leader Mitch McConnell, R-Ky., decided to block a hearing for Garland, saying that the next president should name the late justice’s successor.
The 49-year old Gorsuch was promoted by legal scholars because of his sterling credentials and an allegiance to the Constitution. In a sign of the bipartisan support he enjoys, Gorsuch was introduced by the senators from his home state of Colorado, Cory Gardner, R, and Michael Bennet, D, and Neal Katyal, who served as acting U.S. solicitor general for Obama.
The first day of hearings began with the panel’s chairman, Charles Grassley, R-Iowa, vowing to refer Gorsuch to the full Senate by April 3.
“This is quite a lot different than the last time I was here,” Gorsuch joked as he introduced his family to the committee, contrasting the large crowd seated behind him in the hearing room with that at a far less controversial hearing in 2006 for him to serve on the 10th Circuit Court of Appeals.
Republicans cheered Gorsuch on Monday, noting that the nomination came with broad public support.
Sen. Ted Cruz, R-Texas, said that Gorsuch’s nomination comes with “super-legitimacy” because he was on a list of potential court nominees that Trump touted during his presidential campaign.
“The American people played a very direct role in helping choose this nominee,” Cruz added.
Given Gorsuch’s genial demeanor and strong record, Senate Democrats face a stark dilemma – whether to stonewall against Trump’s administration and satisfy far-left liberals, or allow enough moderate Democrats to join with Republicans to confirm him.
In recent days, many Democrats on the judiciary panel said they will wait until the end of the hearings before determining how to proceed.
But they signaled on Monday that they will probe him on several fronts.
Feinstein said she would ask Gorsuch to clarify his beliefs on abortion rights and gun rights - two issues on which he’s never ruled.
She said she takes issue with Gorsuch’s views on interpreting the Constitution by reading its text.
Durbin and Sen. Christopher Coons, D-Conn., said they would push Gorsuch to clarify his views on religious freedoms and work. Sen. Richard Blumenthal, D-Conn., said he planned to draw out the nominee on Trump’s “vicious” attacks on federal judges.
Gorsuch took notes Monday as some senators were speaking. He nodded his head at some of their statements, and smiled. When Durbin – after complaining about Garland’s treatment - said Gorsuch should nonetheless be judged on his own merits, Gorsuch silently mouthed, “thank you.”
Gorsuch is poised to listen for several hours as members of the Judiciary Committee read opening statements. He is expected to deliver his opening statement by midafternoon, giving senators and the nation an early indication of how he might serve on the court.
On Tuesday and Wednesday, Gorsuch is set to face at least 50 minutes of questioning by each member of the panel. The proceedings are expected to conclude Thursday with a panel of witnesses speaking for or against Gorsuch.