Krauthammer: Why Attacking Gorsuch Is a 'Losing Proposition' for Democrats

Senators and Gorsuch will deliver prepared remarks.

Vice President Joe Biden (left) and President Barack Obama (right) look on after Judge Merrick Garland (center) was announced as a nominee to the U.S. Supreme Court on March 16, 2016.

Jennifer Sisk, a Denver attorney who took a class taught by Gorsuch at University of Colorado law school, wrote to Senate Judiciary Chair Chuck Grassley (R-IA) and Ranking Member Dianne Feinstein (D-CA) claiming that Gorsuch said firms should engage in illegal and sexist hiring practices. They describe Gorsuch as thoughtful, considerate and fair-minded. However, with Republicans controlling the majority of the Senate, Gorsuch's confirmation appears inevitable. But Senate Democrats have appeared divided on their strategy, with any delay tactics potentially risking a change to the Senate rules by Republicans that would decrease the influence that the minority party has on future Supreme Court nominations. Senate Majority Leader Mitch McConnell (R-Ky.) has said he wants to hold a final floor vote before Congress' easter recess in April.

"The president has gravely undermined it and that is why I believe you have a special responsibility here this week, which is to advocate and defend the independence of our judiciary against those kinds of attacks", said Sen. Ms Perry explained that even ardent Democrat, Massachusetts Senator Ted Kennedy had voted several times for Republican nominees for the Court.

While C is true for most of us, the universally correct answer is D. You'd be forgiven for not knowing this, though, as Gorsuch has fallen out of the spotlight since the news of his nomination.

"For those of us on our side ... our job is to determine whether he will protect the legal and constitutional rights of all Americans, not just the powerful and the wealthy", she continued.

Republican Ted Cruz said there is no reason for Gorsuch to be questioned about Trump, noting that previous nominees have not had to speak about allegations made against the presidents who nominated them. "But my interest is more with having someone talk to him and explain to him why he shouldn't be making these comments in class, why he needed to understand what the state of employment law was, and why it was problematic for him to express this view of employment law to a class full of students". "Based on his extensive record, there can be no doubt that, had he been on the Court, Judge Gorsuch would have rejected each of these basic rights". The confirmation hearing for him to become a Supreme Court justice begins today.

Gorsuch, 49, is a respected, highly credentialed and conservative judge with a legal philosophy akin to Scalia's.

Addressing Gorsuch, Sen. Dick Durbin repeated a comment by White House chief of staff Reince Priebus last month that Gorsuch "represents the type of judge that has the vision of Donald Trump".

Gorsuch spoke to the Senate Judiciary Committee after hours of opening statements from senators revealed deep partisan divides between Democrats and Republicans on the panel. It was called the "nuclear option". There they displayed over a million signatures of people opposed to Gorsuch's nomination.

Gorsuch also will be able to use the hearings of John Roberts and Samuel Alito a decade ago as a guide for the inevitable questions about whether he would overturn precedents, including the landmark Roe v. Wade abortion-rights ruling. That was in 1987.

The Democratic advocacy groups are calling for a filibuster of Gorsuch, who would then need 60 votes in order to be confirmed. Still, he would not definitively say that he planned to vote against the judge.

  • Zachary Reyes