Wednesday, March 22, 2017

Judge Not Not

Sen. Ted in Action
Oops--wrong Sen. Ted.

"[J]ust a decade ago, Judge Gorsuch was confirmed in the Senate by a voice vote only two months after he was nominated to be a judge. He was even reported out of this committee by a voice vote. Not a single Democrat spoke even a word of opposition to him.
Not our current minority leader Chuck Schumer. Not Harry Reid or Ted Kennedy or John Kerry. Not Senators Feinstein, Leahy, and Durbin, who still sit on this very committee. Not even Senators Barack Obama, Hillary Clinton, or Joe Biden spoke out against Neil Gorsuch.
The question I would ask my Democratic colleagues is this: What has changed? Ten years ago, he was so unobjectionable that he did not merit even a whisper of disapproval. In the decade since, he has had an objectively exemplary record. If anything, he has shown himself to be even more worthy of the bipartisan support he received back then.
Unfortunately, that is probably not something that my Democratic colleagues can do today in light of the current political climate. Many probably believe they have no choice but to manufacture attacks against Neil Gorsuch, whether they want to or not, just to preserve their own political future.
We are seeing these baseless attacks already. Most recently, some Democrats have been slandering Judge Gorsuch as being “against the little guy” because he has dared to rule based on the law, and not on the identity of the persons appearing before him.
This is beyond absurd. For one thing, these are the same people who have spent the past eight years attacking the Little Sisters of the Poor for having the audacity to be live according to their deeply held religious beliefs. You really need to take a long look in the mirror if one day you find yourself attacking a group called the Little Sisters of the Poor. So forgive me if I don’t believe these people actually care about the “little guy.”
But more important than that, a judge is not supposed to care about the big guy or the little guy. A judge swears an oath to uphold the Constitution and the laws of the United States, not to give favor to particular litigants.
Unfortunately, I fear that we will see even more baseless attacks this week. But I hope I am wrong. I hope that my Democratic colleagues will give Judge Gorsuch a fair chance. I hope that those who were willing to confirm him ten years ago will treat Judge Gorsuch with the same respect that they showed him then.
Because make no mistake: Judge Gorsuch will be confirmed.".......

Analysis: True.
"Our manner of interpreting the Constitution is to begin with the text, and to give that text the meaning that it bore when it was adopted by the people ... This is such a minority position in modern academia and in modern legal circles that on occasion I'm asked when I've given a talk like this a question from the back of the room—'Justice Scalia, when did you first become an originalist?'—as though it is some kind of weird affliction that seizes some people—
'When did you first start eating human flesh?'"

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