No room in court for a constructionist justice
Supreme Court justice nominee Neil Gorsuch purports to be a “strict constructionist,” someone who won’t go beyond the letter of the law or the Constitution. Nevertheless, I think he needs to be questioned about some of his positions.
A “constructionist” position does not comport with the realities of society. The best example of this was the Brown v. Board of
Education decision. Does anyone believe that racial integration in schools would be the case today without the Supreme Court’s intervention? In the early 1950s, when Brown was decided, it would have been political suicide for a lawmaker to argue for integrated schools.
Until Brown, “separate but equal” was the doctrine, but the Supreme Court took an expansive view of the 14th Amendment in this case to argue that segregation of schoolchildren denied them equal protection of the laws. Here’s where a more expansive view of the Constitution comes into play.
How would Gorsuch have ruled in the Brown case? I think he needs to be asked questions of this sort. I don’t think our Founders intended for the Constitution to be interpreted from a narrow point of view. They realized the changing circumstances of society, and they wrote the Constitution in the most general of terms. Gorsuch needs to appreciate that, and also visualize the policy implications of the “constructionist” viewpoint. Harry Toder Harrogate, Tenn.
FACEBOOK FACEBOOK.COM/ USATODAYOPINION
Any Democrat worthy of their honor has to block President Trump’s nominations in the next two years, to repudiate once and for all the terrible acts of Senate Majority Leader Mitch McConnell and his gang of stealing the Supreme Court seat from former president Barack Obama. Democrats have a duty to punish and teach these rascals a lesson. Francis Nguyen
The left is in panic mode with the prospect of a constitutional judge being added to the Supreme Court. The panic is further abeted by an aging female member of the court, who could also be replaced during Trump’s tenure. Frank Elliott
Gorsuch’s an excellent choice. Looking forward to his confirmation. John Thomas
TWITTER @USATOPINION
Our followers shared their thoughts on Neil Gorsuch’s confirmation hearing for Supreme Court justice.
It’s time Democrats find their backbone and stand with their party and vote no. Republicans stole this seat from the twice-elected President Obama. @BLACKGRLPOLI
GOP timed Gorsuch hearing on same day as intelligence hearing with FBI Director James Comey. Another attempt to bury the lede? @Camdens12me
They have to see Merrick Garland first. He’s the real nominee. @khristiereed
If there is a way to block Gorsuch, block him! Compromises didn’t work for the past eight years, why now? Enough corruption in our government. @GeraltKa
It’s incredible that a man like President Trump is being allowed to make a decision that will impact our courts for many years. @globalerica