USA TODAY US Edition

Erin Kelly GORSUCH HEARING OPENS WITH FOCUS ON JUDICIARY’S INDEPENDEN­CE

Clash possible with president, senator warns

- Contributi­ng: Kevin Johnson @ErinVKelly USA TODAY

Sen. Richard Blumenthal told Supreme Court nominee Neil Gorsuch on Monday that, if confirmed, the judge may soon be faced with having to enforce a subpoena against President Trump amid revelation­s by FBI Director James Comey that his agency is investigat­ing ties between Trump’s associates and Russian interferen­ce in last year’s presidenti­al election.

“We meet this week in the midst of a looming constituti­onal crisis ... ” the Connecticu­t Democrat told the appeals court judge during the first day of confirmati­on hearings by the Senate Judiciary Committee. “The possibilit­y of the Supreme Court needing to enforce a subpoena against the president is no longer idle speculatio­n. ... So the independen­ce of the judiciary is more important than ever, and your defense of it is critical.”

Blumenthal’s comments were the most explosive during the first of four days of confirmati­on hearings for Gorsuch, who was generally lauded Monday by Republican­s as a highly respected, independen­t-minded judge with widespread support and impeccable credential­s and denounced by Democrats as an extremist who has opposed workers’ rights, abortion rights, environmen­tal protection­s and gun control.

“No matter your politics ... you should be concerned about the preservati­on of our constituti­onal order and the separation of powers,” said Judiciary Chairman Chuck Grassley, R-Iowa. “Fortunatel­y for every American, we have before us today a nominee whose body of work is defined by an unfailing commitment to these principles. His grasp on the separation of powers — including judicial independen­ce — enlivens his body of work.”

But Sen. Dianne Feinstein of California, the committee’s senior Democrat, said Gorsuch’s writ- ings suggest that he would seek to overturn the Supreme Court’s landmark Roe v. Wade decision, which made abortion legal nationwide in 1973. She said she also was concerned about two opinions he wrote that would make it easier for convicted felons to obtain firearms.

“Who sits on the Supreme Court should not simply evaluate legalistic theories and Latin phrases in isolation,” Feinstein said. “They must understand the court’s decisions have real world consequenc­es for men, women and children across our nation.”

After listening to four hours of comments from senators, Gorsuch finally got a chance to speak, offering an emotional tribute to the independen­t spirit of the American West where he grew up and to the family members and mentors who helped shape his life and career. It was the first time that most Americans had heard from Gorsuch — a judge for the 10th U.S. Circuit Court of Appeals in Denver — since he was introduced to the public by President Trump at the end of January to replace the late conservati­ve Justice Antonin Scalia.

Gorsuch said he has agreed with the majority opinion 99% of the time on the appeals court, belying criticism that he is somehow out of the mainstream. He also contradict­ed his critics’ portrayal of him as hostile to “the little guy” by pointing out that he has decided in favor of Indian tribes, people fighting corporate polluters, and undocument­ed immigrants in certain cases.

“Over the last decade, I’ve participat­ed in more than 2,700 appeals,” Gorsuch said. “In the West, we listen to one another, respective­ly. We tolerate, we cherish, different points of view. And we seek consensus whenever we can. ... That’s my record.”

The committee, whose members range from liberal Sen. Patrick Leahy, D-Vt., to conservati­ve Sen. Ted Cruz, R-Texas, is slated to vote on April 3 on whether to recommend that Gorsuch be confirmed by the full Senate.

It will take 60 votes on the Senate floor to advance Gorsuch’s nomination, meaning that he must attract the support of at least eight Democrats since Republican­s hold only 52 seats. Senate Majority Leader Mitch McConnell, R-Ky., has expressed confidence that Gorsuch can get 60 votes. If that doesn’t happen, McConnell has the “nuclear option” to change Senate rules to confirm with a simple majority of 51 votes.

Sen. Lindsey Graham, R-S.C., said senators should support a qualified nominee such as Gorsuch, even if they don’t agree with his political leanings. Graham voted to help confirm two of former president Barack Obama’s nominees — Elena Kagan and Sonia Sotomayor.

“I just want you to know that, from my point of view, you’re every bit as qualified as Justices Sotomayor and Kagan,” Graham told Gorsuch.

Leahy and other Democratic senators said they fear Gorsuch’s “originalis­t” judicial philosophy — interpreti­ng the Constituti­on the way that the Founding Fathers intended. Democrats argued that the Constituti­on should be interprete­d as an evolving document that has moved beyond the time in America’s early history when slavery was legal and women had few rights.

“I worry that this is not just a philosophy; it is an agenda,” Leahy said.

“We listen to one another. ... We tolerate, we cherish, different points of view. And we seek consensus.” Neil Gorsuch, Supreme Court nominee

 ?? JARRAD HENDERSON, USA TODAY ?? Appeals court Judge Neil Gorsuch testifies Monday before the Senate Judiciary Committee as his confirmati­on hearing began. If confirmed, Gorsuch would fill the late Antonin Scalia’s seat. The committee is slated to vote April 3 on Gorsuch’s nomination.
JARRAD HENDERSON, USA TODAY Appeals court Judge Neil Gorsuch testifies Monday before the Senate Judiciary Committee as his confirmati­on hearing began. If confirmed, Gorsuch would fill the late Antonin Scalia’s seat. The committee is slated to vote April 3 on Gorsuch’s nomination.
 ?? WIN MCNAMEE, GETTY IMAGES ?? Sen. Dianne Feinstein, DCalif., says justices must understand that their decisions have real world consequenc­es.
WIN MCNAMEE, GETTY IMAGES Sen. Dianne Feinstein, DCalif., says justices must understand that their decisions have real world consequenc­es.

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