To Avert Disaster, the Senate Must Reject Neil Gorsuch

To Avert Disaster, the Senate Must Reject Neil Gorsuch

To Avert Disaster, the Senate Must Reject Neil Gorsuch

President Trump’s nominee to the Supreme Court is a radical choice at a pivotal moment.

Copy Link
Facebook
X (Twitter)
Bluesky
Pocket
Email

A wave of alarming executive orders from the White House has spotlighted the importance of preserving our independent courts. Yet at this moment of urgency, President Trump has nominated to the Supreme Court a radical-right judge who fails dismally to pass this test. My colleagues at the Alliance for Justice and I predict the American people and Senate will reject the nomination of Judge Neil Gorsuch.

Less than two weeks after Inauguration Day, the nation is confronting what some lawmakers call a constitutional crisis over Trump’s ill-considered travel ban. It’s hard to pinpoint a time in recent memory when there was a greater imperative for impartial judges to exercise an independent check against presidential excesses.

Enter Judge Gorsuch of the US Court of Appeals for the Tenth Circuit. His record lacks evidence demonstrating he would vote to check a strong-arming president. It reflects substantial evidence that if his egregious views were to become law, Americans’ lives and health would be put at risk in untold ways.

Gorsuch would make the courts a rubber stamp for large corporations. He advocates legal views that gut protections for clean air and clean water, safe food and medicine, for workers’ rights and for consumers and investors. Indeed, on ensuring the federal government can properly enforce critical legal protections, Gorsuch is more extreme than the man whom he would succeed, Justice Antonin Scalia.

Like Scalia, looking backward is Gorsuch’s lodestar. He has demonstrated hostility to women’s right to reproductive-health care, siding with Hobby Lobby Stores in a decision that corporations are people and can refuse birth control coverage to their employees on religious grounds. That decision’s implications have expanded as some judges applied it to justify failure to comply with child labor, anti-kidnapping, and anti-discrimination laws.

On women’s right to have an abortion, Gorsuch has not written a court opinion. But Trump vowed to appoint an anti-abortion justice, and he knows Gorsuch’s beliefs well. On other fronts, Gorsuch has written decisions in favor of protecting police officers who use excessive force and against shielding the rights of students with disabilities. He has also written decisions that are hostile to reasonable environmental regulations.

Before becoming a judge, Gorsuch showed himself to be a good friend of big business, not consumers and workers, when he advocated limiting the ability of Americans to band together to hold corporations accountable for harms they caused. He also argued for making it harder for victims of financial fraud to sue the corporations that defrauded them.

Today the Supreme Court, philosophically divided and shorthanded with eight justices, is at a pivotal moment. Its one vacancy is long overdue to be filled. Three more justices will be in their 80s in Trump’s first term. Given Trump’s tactics to disrupt Washington and a surge of legal challenges in response, the fairness, impartiality, and independence of our highest court has rarely been more at stake.

After getting nearly 2.9 million fewer votes than Hillary Clinton, Trump has no mandate for an extreme-right takeover of the Supreme Court beginning with confirmation of Neil Gorsuch. Although we recognize the uphill battle ahead, we pledge a mass mobilization.

Thirty years ago, the Alliance for Justice made the same pledge when President Ronald Reagan nominated Judge Robert Bork. The Senate ultimately voted “no.” Today, our campaign opposing a lifetime appointment for Gorsuch will draw on the inspiring strength of the Women’s Marches and the protests at airports on behalf of refugees and immigrants denied entry to the United States by Trump.

Our campaign also will draw on the facts. When Senate Republicans refused even to hold a hearing on President Obama’s nomination of Judge Merrick Garland to the Court last year, it was unprecedented in modern history. We support holding a hearing on Judge Gorsuch, a full vetting of his nomination, and a chance for the American people to listen to testimony from all sides.

We are confident Americans will conclude that, to avert a disaster, Donald Trump will have to find an alternative nominee who is unflinchingly independent; who recognizes the progress made in our nation over the past 100 years; and who when seated on the Court will take the American people forward, not backward.

Support independent journalism that does not fall in line

Even before February 28, the reasons for Donald Trump’s imploding approval rating were abundantly clear: untrammeled corruption and personal enrichment to the tune of billions of dollars during an affordability crisis, a foreign policy guided only by his own derelict sense of morality, and the deployment of a murderous campaign of occupation, detention, and deportation on American streets. 

Now an undeclared, unauthorized, unpopular, and unconstitutional war of aggression against Iran has spread like wildfire through the region and into Europe. A new “forever war”—with an ever-increasing likelihood of American troops on the ground—may very well be upon us.  

As we’ve seen over and over, this administration uses lies, misdirection, and attempts to flood the zone to justify its abuses of power at home and abroad. Just as Trump, Marco Rubio, and Pete Hegseth offer erratic and contradictory rationales for the attacks on Iran, the administration is also spreading the lie that the upcoming midterm elections are under threat from noncitizens on voter rolls. When these lies go unchecked, they become the basis for further authoritarian encroachment and war. 

In these dark times, independent journalism is uniquely able to uncover the falsehoods that threaten our republic—and civilians around the world—and shine a bright light on the truth. 

The Nation’s experienced team of writers, editors, and fact-checkers understands the scale of what we’re up against and the urgency with which we have to act. That’s why we’re publishing critical reporting and analysis of the war on Iran, ICE violence at home, new forms of voter suppression emerging in the courts, and much more. 

But this journalism is possible only with your support.

This March, The Nation needs to raise $50,000 to ensure that we have the resources for reporting and analysis that sets the record straight and empowers people of conscience to organize. Will you donate today?

Ad Policy
x