This is especially so if you have principled objections to judicial methodologies that purport to constrain judges, but which, in the hands of conservatives, lead quite predictably, even if not quite inevitably to politically conservative outcomes.
"Notwithstanding Gorsuch's superb qualifications and principled approach to judging, Democrats and their liberal allies strain mightily to find plausible grounds to oppose his nomination", Hatch said in a newspaper article on Friday.
The stalled nomination of Judge Merrick Garland will also be on the Democrats' minds. Even now, they speak of a nonexistent presidential "tradition" of not nominating Justices in the last years of their respective terms.
"He is going to make an exceptional Supreme Court justice", said Senate Majority Leader Mitch McConnell, a Kentucky Republican. One might as well refer to a 228-year tradition of not nominating Justices to fill nonexistent seats!
"Judge Gorsuch may act like a neutral, calm judge but his record and his career clearly show he harbors a right wing, pro-corporate special interest legal agenda", Schumer said.
Sen. Richard J. Durbin, D-Ill., said he will ask Gorsuch to weigh in on Trump's push to implement an entry ban on visitors from certain majority-Muslim countries, because "the Supreme Court in the near future will be tested on constitutional questions involving separation of powers". And whatever Gorsuch's position on abortion rights, Justice Anthony M. Kennedy's vote to strike down a Texas law previous year reaffirmed the court's rulings that say government may not pass restrictions that unduly burden a woman's right to an abortion.
Senate Minority Leader Chuck Schumer of N.Y., criticizes the Republican health care plan created to replace Obamacare, March 7, 2017, during a news conference on Capitol Hill. They did not merely filibuster the nomination. As a judge, he repeatedly sided with insurance companies that wanted to deny disability benefits and employers who wanted to cut pension benefits to employees, revealing himself as a staunch backer of corporations and willing accomplice in limiting worker's rights.
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There is nothing in the Constitution that compels senators to vote on judicial nominees the president forwards. The Democratic Senate campaign arm is not advertising on Gorsuch; the Republican Senate campaign arm is. They are not declining to read his opinions or assess his record.
Meanwhile, in another case, Gorsuch ruled that the mother of a student with a disability could not pursue remedies under the ADA because she had previously settled an administrative complaint brought under IDEA. If anything, it is weaker. Federal Election Commission in order to avoid a Senate filibuster of his confirmation vote. When Gorsuch was an appellate judge for the Denver federal court, one of his most controversial opinions involved the Hobby Lobby chain of craft stores.
That's why Indivisible Charlottesville invited representatives of both Democratic Sen. He is poised to deliver his opening statement on Monday afternoon, giving senators and the nation an early indication of how he might serve on the court.
Pildes told Golodryga that one of his main focuses will be on the Democratic senators: "One thing I'm going to watch is the narrative that the Democratic senators are going to try to convey to the American people".
"We urge the Committee to demand complete answers from Judge Gorsuch to the important questions that we and others have raised", the advocates concluded. No senator should categorically refuse to consider any nominee on the merits.
"We wish to call to your attention the following aspects of Judge Gorsuch's record and philosophy that are of particular concern to our organizations and our constituents, and that raise crucial questions of grave outcome to LGBT people, everyone living with HIV, and anyone who cares about these communities". That is a principled basis for saying enough is enough.