Gorsuch Laments Partisanship in Hearings — And Not for the First Time
During his confirmation hearing, Neil Gorsuch lamented partisanship in the Supreme Court confirmation process. It's not a new argument for the Colorado judge, who decried a tilt toward ideological voting on nominees in an op-ed shortly after the death in 2002 of his oft-cited mentor Byron White, whose confirmation hearing in 1962 lasted just 90 minutes.
Here's what Gorusch wrote then:
Today, there are too many who are concerned less with promoting the best public servants and more with enforcing litmus tests and locating unknown "stealth candidates" who are perceived as likely to advance favored political causes once on the bench.Politicians and pressure groups on both sides declare that they will not support nominees unless they hew to their own partisan creeds. When a favored candidate is voted down for lack of sufficient political sympathy to those in control, grudges are held for years, and retaliation is guaranteed.
In the same piece in 2002, Gorsuch expressed dismay that "some of the most impressive judicial nominees are grossly mistreated."
One of those "mistreated" nominees? None other than Merrick Garland, who at the time waited for a year and a half for confirmation to the U.S. Court of Appeals.
Meanwhile, some of the most impressive judicial nominees are grossly mistreated. Take Merrick Garland and John Roberts, two appointees to the U.S. Court of Appeals in Washington, D.C. Both were Supreme Court clerks. Both served with distinction at the Department of Justice. Both are widely considered to be among the finest lawyers of their generation. Garland, a Clinton appointee, was actively promoted by Republican Sen. Orrin Hatch of Utah. Roberts, a Bush nominee, has the backing of Seth Waxman, President Bill Clinton's solicitor general. But neither Garland nor Roberts has chosen to live his life as a shirker; both have litigated controversial cases involving "hot-button" issues.As a result, Garland was left waiting for 18 months before being confirmed over the opposition of 23 senators.
On Tuesday, it's worth noting, Gorsuch said he respects Garland but said "I cannot get involved in politics" regarding the Obama Supreme Court pick's blockage by Republicans in the Senate.