Former law clerk: I’m a moderate for Gorsuch

I am a moderate who votes more often than not for Democrats rather than Republicans, and I deeply believe that our government has a necessary and active role in righting the many injustices present in our society and the world. But I can’t help wondering, are we asking the right questions about nominees to the Supreme Court?

Shortly after I posted a New York Times column supportive of Judge Neil Gorsuch on Facebook, I received queries and demands asking about his opinion on “LGBTQ rights, abortion, science over religion, climate change, gun control,” among other pressing social issues. One commenter vented frustration that he could not find specifics on the nominee’s views.

Although I worked closely with Gorsuch for a year as one of his law clerks, and spent social hours with the judge, his family and other clerks, I struggled to come up with an answer. And then I realized that the judge lives by the principle that “justice is blind.” He did not bring preconceived positions on social issues into the courtroom. Rather, he pushed us to thoroughly research all sides of each case that came through his chambers.

The judge sought clerks with diverse perspectives and encouraged open debates to reach the best conclusion. Once, when my co- clerk and I were at odds, the judge indicated that he was more convinced by my colleague but he challenged me — “prove to me you are right.” Several hours and many coffees later, I came back with the best I had. And this time he agreed. Our obsessive focus on the political views of a potential Supreme Court justice could be giving us some key information about what’s really going on. Namely, that despite having democratically elected representatives at the local, state and national levels, whose duty it is to address our social concerns, we nevertheless feel disenfranchised. We must hold legislators to account if they are not responsive.

The quite different role of the judiciary is to preserve and protect the core rights enshrined in our Constitution. We should be evaluating Judge Gorsuch by asking whether he can be counted upon to defend those rights.

The testimonies of those who have worked with him and his judicial record are a unanimous yes. By way of example, the judge has ruled in support of rights to religious freedoms ( Hobby Lobby Stores) and to privacy ( United States v. Carloss).

Soon after he took the bench on the 10th Circuit, he took all of his clerks and staff to visit several federal prisons. He wanted to see for himself, and for us to understand, the importance of applying justice in every case — the lives of others depended on us doing the best job we possibly could.

Judge Gorsuch is a sincere, humble and devoted steward of the law. He deserves our support.