The Gorsuch Nomination
After President Trump nominated Neil Gorsuch to the Supreme Court, my high school posted a brief bio and wished him well:
A Colorado resident, Judge Gorsuch served as Georgetown Prep’s President-of-the-Yard, the student body president, as a senior. He also participated in the forensics and international relations clubs. After graduating from Prep in 1985, …
Rev. Scott R. Pilarz, S.J., Georgetown Prep’s president, noted on the occasion of Judge Gorsuch’s nomination, “We are proud to have a son of Georgetown Preparatory School, a Catholic, Jesuit school founded the same year the United States Supreme Court was established, nominated to the nation’s highest court. All of us at Prep send our prayers and best wishes.”
Gorsuch graduated twelve years behind my class, so I can’t tell you that he was a great guy or otherwise. Fewer than five hundred students attend Prep (fewer than four hundred when I was there) so when we voted for President-of-the-Yard we already knew the candidates, or someone on a floor or team or club with them. Gorsuch must have managed to be the right combination of likable and respected. He may have had to do the occasional jug (a Catholic word for detention), or had to take a few laps, but probably never smoked weed in the steam tunnels. Or never got caught.
I watched Judge Gorsuch’s statement to the confirmation committee, and most of Senator Al Franken’s questioning. Like some of my classmates from Prep, he comes from very successful people of humble origins. He made sure to let us know that he and his wife once had a very small apartment, that he is a family man, etc. all of which is good. I’m sure if I met him at a reunion I’d like him well enough. Even if we talked politics.
Senator Franken grilled Gorsuch over his TransAm Trucking dissent against a driver who was fired because he briefly left a trailer with frozen brakes while suffering hypothermia in freezing weather. Gorsuch explained that he had great sympathy for the driver, but that the law simply didn’t support him. Franken might have asked whether Justice Gorsuch would support a new law that would have saved the trucker’s job.
Franken (and Pat Leahy) also asked a version of the question suggested by Cenk Uygur about whether Judge Merrick Garland had been treated fairly, but Gorsuch dodged that by claiming that a judge should not get involved in politics.
Despite all the brave talk about a Democratic filibuster, I can’t imagine that Gorsuch won’t be readily confirmed. But I fear that while he professes great sympathy for the struggling classes, his rulings will favor the entitled. According to Ari Berman at The Nation:
Yet we know enough about Gorsuch to surmise that he was nominated by Donald Trump to be a smooth-talking advocate on the bench for a far-right ideology. He was hand-picked by the Federalist Society and the Heritage Foundation. He has close ties to a conservative billionaire and has praised one of the GOP’s most notorious voter-suppression advocates. He’s criticized liberals for challenging gay marriage bans in the courts. During the Bush administration, he praised the Guantánamo prison and defended harsh anti-terror policies. As a judge, he joined the Hobby Lobby decision restricting a woman’s right to choose and ruled against a truck driver who abandoned his trailer in subzero temperatures after it broke down. He’s consistently favored corporate power and corporate influence in the political process. In fact, a review of his opinions suggests he will be more conservative than Roberts and Alito, second only to Justice Thomas.