The Gorsuch Hearing: Nuts and Bolts

Angelica Greene
March 20, 2017

He is confirmed with at least 51 votes after there are 60 votes to end debate, ending the threat of a filibuster. It is time to give the Court a justice with the humility to cast a ninth vote on a generation of landmark decisions.

On the one hand, given how much of a con man Donald Trump is, liberals might be grateful that someone qualified has been nominated. And America First Policies, a group run by former Trump aides that has nevertheless been dogged by internal drama and funding problems, had also indicated it planned heavily on the Gorsuch fight - though its ability to do so is now in question.

"Despite legal requirements to adequately document all presidential records, Mr. Davis, in one email exchange, directed Judge Gorsuch to contact him at a private, political email address with the domain 'as I do not often check my White House email address", Blumenthal wrote the directors of the presidential library. Equally important as the cases heard by the Court will be the ones on which it declines to rule, and the American people deserve a justice who is able to recognize the limits of his office, and willing to exercise restraint. Orrin Hatch took to the senate floor last week in prebuttal. Doing so simply requires the Senate to remain in the same legislative day until the filibustering members have exhausted their ability to speak on the nominee in question. Chuck Schumer is not calling on his caucus to block Gorsuch - a point confirmed with his aides this weekend. The support of a simple majority of the members present and voting is sufficient for confirmation.

Conservative groups are pressuring Bennet to vote for Gorsuch.

Anthony L. Fran├žois, a senior attorney at the Pacific Legal Foundation, also says he believes this is the likeliest scenario.

Senator Dianne Feinstein, Democrat of California, will preside over the hearing for Judge Gorsuch Monday. And thanks to Harry Reid's decision to blow up long-standing Senate rules to pack the federal appeals courts, they will now have little recourse if Mitch McConnell turns the tables.

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"It would be no surprise to me if senators in red states who are up for re-election in 2018 voted with the interest of their constituents rather than embracing the partisan gridlock [Senate Minority Leader] Chuck Schumer is advocating", Severino said.

The National Rifle Association's Freedom Action Fund launched a almost million-dollar national ad campaign on Tuesday ahead of the Senate hearings on Neil Gorsuch's nomination to the Supreme Court.

On Thursday morning, for example, a coalition of Missouri-based progressive or Democrat-leaning organizations, including the Missouri National Education Association and NARAL Pro-Choice Missouri, will host a conference call for reporters "to urge Senators McCaskill and (Roy) Blunt to thoroughly review the record of Judge Neil Gorsuch and ultimately reject his nomination to the Supreme Court". Republicans including Congressman Bill Flores, who represents Waco, spent a good deal of time the past several years talking about restoring the Constitution's Article I powers to where Congress passes the laws and the president and his agencies administer them with a certain latitude in setting down actual rules.

All in all, there is no question that a deep dive into Gorsuch's writings in this area marks him as a unique skeptic of certain core doctrines of administrative law and the deference they provide to the agencies - particularly on questions of how to read their operative statutes.

Gorsuch going down in defeat, according to Malcolm, is not probable. Accordingly, Republicans vowed not to consider any high-court nominee until after the election.

Other reports by GizPress

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