03.15.17

Leading Liberal Lawyer On Gorsuch: ‘No Principled Reason to Vote No’

‘Next week Judge Neil Gorsuch will come before the Senate Judiciary Committee for the hearing on his nomination to the Supreme Court. Senators from both sides of the aisle will have an opportunity to hear from him directly, ask questions, and listen to the testimony of others who are familiar with his professional background, abilities and character.’

WASHINGTON, D.C. – U.S. Senate Majority Leader Mitch McConnell (R-KY) made the following remarks on the Senate floor today regarding praise Judge Neil Gorsuch has received from prominent liberal attorneys:  

“Next week Judge Neil Gorsuch will come before the Senate Judiciary Committee for the hearing on his nomination to the Supreme Court.  Senators from both sides of the aisle will have an opportunity to hear from him directly, ask questions, and listen to the testimony of others who are familiar with his professional background, abilities and character.  I know we’re all looking forward to his hearing and to learning even more about this exceptional nominee. But here’s what we know already about Judge Gorsuch.

“The American Bar Association — an organization that the Democratic Leader and former Democratic Chairman of the Judiciary Committee have deemed the ‘gold standard’ for evaluating judicial nominations — has awarded him its highest rating: unanimously well-qualified.

“Leading liberal lawyers, like former President Obama’s Acting Solicitor General, Neal Katyal, and former President Obama’s legal mentor, Professor Laurence Tribe, sing his praises. Mr. Katyal says that Judge Gorsuch is ‘an extraordinary judge and man’ whose ‘years on the bench reveal a commitment to judicial independence.’ Professor Tribe says that Judge Gorsuch ‘is a brilliant, terrific guy who would do the Court’s work with distinction.’

“To that list, you can now add former law partner and longtime Democrat David Frederick, who is a board member of the liberal American Constitution Society. Other board Members of the ACS include people like former Obama Solicitor General Donald Verrilli and left-leaning law professor Erwin Chemerinsky, among others. 

“So the ACS is anything but a conservative group. Yet, now even one of its own board members has backed Judge Gorsuch’s nomination.  In an op-ed recently published by the Washington Post, Mr. Frederick called Judge Gorsuch ‘brilliant, diligent, open-minded and thoughtful.’  He went on to say that, quote, ’Gorsuch’s approach to resolving legal problems as a lawyer and a judge embodies a reverence for our country’s values and legal system. The facts developed in a case matter to him; the legal rules established by legislatures and through precedent deserve deep respect; and the importance of treating litigants, counsel and colleagues with civility is deeply ingrained in him.’

“Mr. Frederick, who practiced law with Judge Gorsuch, states that ’over the course of his career, [Neil Gorsuch] has represented both plaintiffs and defendants. He has defended large corporations, but also sued them. He has advocated for the Chamber of Commerce, but also filed (and prevailed with) class actions on behalf of consumers. We should,’ Mr. Frederick notes, ’applaud such independence of mind and spirit in Supreme Court nominees.’

“And ’as a judge on the U.S. Court of Appeals for the 10th Circuit,’ Mr. Frederick observes that Judge Gorsuch ’has not been the reflexive, hard-edged conservative that many depict him to be. He has ruled for plaintiffs and for defendants; for those accused of crimes as well as for law enforcement; for those who entered the country illegally; and for those harmed by environmental damage...’

“As this self-proclaimed ‘longtime supporter of Democratic candidates and progressive causes’ points out, Judge Gorsuch will be the type of justice each of us should want on the high court.  And, though he knows he may not always agree with Neil Gorsuch’s rulings as a jurist on the Supreme Court, Frederick says we need justices like Neil Gorsuch ‘who approach cases with fairness and intellectual rigor, and who care about precedent and the limits of their roles as judges.’

“The bottom line is this: ‘The Senate should confirm him because there is no principled reason to vote no.’  Let me repeat that. ‘The Senate should confirm [Gorsuch],’ Frederick said, ‘because there is no principled reason to vote no.’  This is a board member of the Left’s flagship legal group in America.  And, on this point, he happens to be absolutely right.

“So as colleagues on both sides will continue to find at next week’s hearings, ‘there is [simply] no principled reason to vote no’ when Judge Gorsuch’s nomination comes before the full Senate.”

Related Issues: Judicial Nominations, Nominations, Supreme Court