If the loss of Justice Scalia was considered a disaster for the conservative cause, President Trump’s appointment of Justice Neil Gorsuch has provided the remedy. No wonder the Democrats in the Senate worked to block this nomination, forcing Senate Majority Leader McConnell to invoke the “nuclear” option in order to confirm this outstanding jurist’s nomination to the Supreme Court.
It is very clear already that Justice Gorsuch will align himself strongly with the conservative wing of the court that believes that the original intent of the authors of the Constitution should govern the Court’s decisions, rather than treating the Constitution as a “living document” that should be reinterpreted in the light of contemporary beliefs, typically very liberal ones.
So, the Democrats are furious. Gorsuch has already taken the position of a “strict constructionist,” which is anathema to the liberals, who are used to using the Supreme Court has a vehicle for promoting leftist policies that would never get through Congress.
“Democrats are depressed after the first Supreme Court decisions featuring newly-installed Justice Neil Gorsuch were released this week confirmed that he is every bit as conservative as Republicans had hoped at his nomination.
“Sen. Dianne Feinstein (D-CA), the ranking Democrats on the Senate Judiciary Committee, told Politico: ‘We’ve got another Scalia.’ She was referring to the late Justice Antonin Scalia, a hero to conservatives and a leading light of the originalist school of jurisprudence, who passed away last year and whose seat Gorsuch has just filled.”
It’s hard to imagine a more ringing endorsement for a Supreme Court justice than condemnation by Senator Feinstein. She simply sees the Supreme Court as a partner in promoting the agenda of the left. Justices like Gorsuch throw a monkey wrench in her designs.
And Mrs. Feinstein is bold in expressing her opinions. As Politico reports, “Feinstein told POLITICO she’d looked at Gorsuch’s early rulings and saw no sign of moderation from conservative orthodoxy. ‘Right down the line. Everything — everything,’ she said. ‘I’m surprised that it’s so comprehensive.'”
And she has company: “Sen. Richard Blumenthal of Connecticut — a former Supreme Court clerk — said Gorsuch’s early record on the court is in tension with the humble and evenhanded approach he touted during his confirmation hearings in March.
“‘In a way, I’m surprised that he hasn’t demonstrated more independence. I am surprised because in his demeanor and his tone he really made a huge effort to show his openness — which some of us thought might be more an act than it was a real persona,’ Blumenthal said, before adding: ‘So far, I have to say, I’m disappointed.'”
Don’t miss the bigger point here that was not mentioned. Replacing Scalia with Gorsuch effectively keeps the ideological makeup of the Supreme Court the same. An “originalist” as been replaced by someone with the same judicial philosophy.
What the left is warming up for is what will be a knock-down, drag-out fight over the replacement of next justice to retire. In this case, it’s likely not to be someone close to the views of Scalia and Gorsuch. Hence, President Trump will have the opportunity to shift the Court to the right if he so desires. Can you hear the left cursing that Hillary did not win?
And if there were fireworks over Justice Gorsuch’s nomination, you haven’t seen anything yet.