Gorsuch Vote Delayed, Opposition Continues to Rise

DEMOCRATS DELAY VOTE ON GORSUCH BY ONE WEEK: Democrats in the Senate Judiciary Committee have requested that the vote to confirm Gorsuch be put aside until April 3rd, Judge Neil Gorsuchreported U.S. News & World Report. Senate Majority Leader Mitch McConnell has stated that the full senate vote will be on Friday, April 7th.

GROWING OPPOSITION TO GORSUCH: Senators Hirono, Nelson, Stabenow, Peters, Cardin, Reed, Van Hollen, Murphy, Shaheen, and Durbin have added their voices to the growing number of senators who will oppose Gorsuch, bringing the number of senators opposed so far to at least 25. Gorsuch’s “path to 60 votes is rapidly closing — setting the stage for a nuclear showdown in the Senate as soon as next week,” reported Politico.

Opposition to Gorsuch’s nomination is also growing in the public sphere. An editorial by The Aurora Sentinel called Gorsuch a “fatally flawed” candidate for the Supreme Court, expressing concern that “when it comes to weighing cases affecting what are arguably some of the most important and critical rights bestowed on American citizens, Gorsuch trades his usual legal pragmatism for religious philosophy.”

An op-ed in the Indy Star stated that Gorsuch’s “decisions evidence a person who serves his own views rather than legal mandates and is far out of touch with, and coldly unsympathetic to, the concerns of ordinary Americans.  They portray a jurist who is so persuaded he is right, even when his colleagues disagree, that he heeds his own rigid ideology, avoiding the respectful consideration of different points of view that should characterize an appellate court. Judge Gorsuch pushes the law to reach results that serve his political and social views, and his manipulations contradict what Congress has directed and prejudice people whom Congress has tried to protect.”

While many of Gorsuch’s supporters have lauded his commitment to precedent, there has been a lack of understanding of the impact of precedent. Citing the story of Alphonse Maddin, Stephen Gottlieb stated in an opinion piece at The Hill that “language ordinarily incorporates principles of decency and humanity. Judge Neil Gorsuch repeatedly tried to sound sympathetic…But Judge Gorsuch concluded that the’ plain meaning’ of the statute did not protect Maddin from freezing to death.” He continued, “And there is the underlying difference between a judge like Gorsuch and those more liberal. Gorsuch makes decency jump over hurdles. More liberal judges, probably like Judge Merrick Garland, whom the Republicans would not even bring up for hearings, would make indecency and inhumanity bear the burden of proof. There is nothing in the language of the law that requires judges to be mean.”

Concern Grows Over Gorsuch Nomination

GORSUCH TAKES FIRE OVER “FROZEN TRUCKER” CASE: “The reality is that throughout his career, Judge Gorsuch has shown a pattern of siding in favor of employers, wealthy corporations and Wall Street — against working families in Colorado and around the country,” wrote Ken Grossinger, chairman of the board of our sister organization Alliance for Justice, in an op-ed in The Daily Camera.

“In a disturbing case that has gotten some press, Alphonse Maddin was fired for leaving the cargo-laden trailer of his truck after its brakes froze from subzero temperatures. With no heat in his cab, Maddin had awaited a repair truck for several hours and he got numb, had trouble breathing and lost feeling in his feet,” Grossing continued. “A Tenth Circuit majority in TransAm Trucking v. Administrative Review Board said Maddin deserved reinstatement. An earlier Department of Labor proceeding also favored Maddin. Judge Gorsuch disagreed, saying ‘there’s simply no law anyone has pointed us to giving employees the right to operate their vehicles in ways their employers forbid.’”

Gorsuch’s commitment to textualism – the “belief in the principle that the actual words of a law should be strictly applied by the court” likely goes beyond even that of Justice Scalia, wrote CNN Legal Analyst Paul Callan: “Gorsuch would be wise to remember the oft oft-quoted words of Scalia, ‘I’m an originalist and a textualist, not a nut.’ Even Scalia probably would have let the truck driver thaw out at the gas station.”

NO DEAL ON GORSUCH: Nan Aron, president of Alliance for Justice, was quoted in The Washington Times saying any deal to undermine a filibuster on Judge Gorsuch “would be a grave disservice to the process and to the Constitution.”

“Neil Gorsuch has shown how oblivious he is to the realities faced by working people and families in this country,” said Aron in The Washington Examiner. “As usual, Gorsuch’s ruling reflected a bias in favor of big corporations at the expense of working Americans, and that is exactly the bias he will bring to the Supreme Court unless senators step up and reject this nomination.”

“I’ve heard a lot in recent days about how nice and charming he is, and how he’s a true Westerner,” said Alliance for Justice Legal Director in a The Philadelphia Sunday Sun article. “I’ve heard about his dogs and all of his personal attributes. But his record is getting lost. His record in the Court of Appeals shows how he would rule. His record shows that he favors the wealthy and powerful at the expense of regular Americans.”

NEWS COVERAGE ZEROES IN ON GORSUCH’S PERSONALITY, RATHER THAN HIS RECORD: In an interview with FAIR’s CounterSpin, Goldberg discussed the media’s focus on persona over his record. “This isn’t about his intellect or whether he’s a good man or not…the question is if he gets to the Supreme Court, whose side is he gonna be on?” Goldberg continued, “He went out of his way to hide his record but I think if you look at the cases he’s decided and what he has said, this is an extreme nominee. It’s hard to overstate the damage he will do to our country and, more importantly, to everyday Americans.”

Questions Raised About Gorsuch’s Comments in Classroom

FORMER GORSUCH LAW STUDENT SAYS GORSUCH TOLD STUDENTS WOMEN ‘MANIPULATE’ MATERNAL LEAVE: ​While teaching an ethics class in Colorado, Judge Neil Gorsuch asserted that law firms should be able to question women looking to be hired about their intentions to have children, warning that women take advantage of their employers for maternity benefits and “manipulate” companies as early as the interview process, alleged Jennifer Sisk, one of Gorsuch’s former law students, in a letter to the Senate Judiciary Committee and an NPR Politics article.
“He interrupted our class discussion to ask students how many of us knew women who used their companies for maternity benefits, who used their companies to — in order to have a baby and then leave right away,” Sisk said. When only a few students raised their hands, he said, “Come on, guys. All of your hands should be up. Many women do this,” according to Sisk. “He kept bringing it back to that this was women taking advantage of their companies, that this was a woman’s issue, a woman’s problem with having children and disadvantaging their companies by doing that.”
NEIL GORSUCH NOMINATION HEARINGS BEGIN TODAY: The Senate Judiciary Committee hearings on Gorsuch’s nomination to the Supreme Court begin today. The hearing can be viewed on C-SPAN.

DOJ Releases Thousands of Gorsuch Documents

DOJ RELEASES 144,000 PAGES OF GORSUCH DOCUMENTS: “The Wednesday night release of the more than 144,000 pages of documents — pursuant to a February 21 request from Senate Judiciary Committee Chairman Chuck Grassley and ranking member Dianne Feinstein — comes less than two weeks before Gorsuch’s confirmation hearing and could shed light on his work during his relatively brief tenure serving in the George W. Bush administration,” reported CNN​. While the majority of the documents will be made available to the public, 3,100 pages “will be made available only to selected committee staff members because they are protected under ‘constitutional or common law privileges’ and DOJ has ‘certain confidentiality interests’ in them,” according to Politico.

Gorsuch Nomination “Is the Real Fight”: Nan Aron

PUBLIC PUSHBACK AGAINST GORSUCH NOMINATION FOR SCOTUS: “The GOP-controlled Senate is setting the stage for a full vote on the Supreme Court nominee before April’s two-week recess,” according to Politico. Ilyse Hogue, president of NARAL Pro-Choice America, said she sees energy among protesters rising as “people are flooding town halls and running for office at unprecedented rates” and asserted that “they want elected officials to do their job, and part of that job is digging really hard at the hearings into his record.”

“This is the real fight. This is the most important fight,” said Nan Aron, president of our sister organization Alliance for Justice, in an interview with C-SPAN’s Newsmakers. “Neil Gorsuch is not the right judge for this seat, given his record.”

Marge Baker, executive vice president of People for the American Way, wrote in a letter to the editor of The New York Times that Trump’s nomination of Gorsuch “should rank high on any list of ways that Mr. Trump has betrayed his promises to make America better…Far from a mainstream nomination, we must see Judge Gorsuch for what he represents: an extreme, dangerous assault on the well-being of working people.”

Meanwhile, calls have begun for Gorsuch’s confirmation hearing to be postponed. “Because they cannot be checked by the voters, the justices’ sole claim to legitimacy is the constitutionally mandated process that puts each of them on the court. That process, the Constitution explicitly tells us, is that the president nominates while the Senate advises and consents. In this instance, both steps have been deeply compromised…The only acceptable answer at this point is to hold off on the Gorsuch hearings until we can be sure that this president, and this nomination, are on the up and up,” according to Slate.

SCOTUS WON’T HEAR GRIMM CASE: “In a one-sentence order, the Supreme Court vacated an appeals court decision in favor of a Virginia transgender boy, Gavin Grimm, and sent the case back for further consideration in light of the new guidance from the administration,” reported The New York Times.

Sessions Communicated with Russian Leadership During Election

ATTORNEY GENERAL JEFF SESSIONS AND COMMUNICATIONS WITH RUSSIAN LEADERSHIP: Attorney General Jeff Sessions met twice with Russia’s ambassador to the United States during the 2016 campaign – a fact he omitted during his hearing to become attorney general, The Washington Post reported. One of the meetings occurred in September “at the height of what U.S. intelligence officials say was a Russian cyber campaign to upend the U.S. presidential race.”

Democrats and Republicans alike are calling for Sessions to recuse himself from investigations into Russia’s involvement with the presidential election, according to The Washington Post.  House Oversight and Government Reform Committee Chairman Jason Chaffetz tweeted that “AG Sessions should clarify his testimony and recuse himself.” Democratic Senator Elizabeth Warren tweeted, “We need a special prosecutor totally independent of the AG. We need a real, bipartisan, transparent Congressional investigation into Russia.” Republican Senator Lindsey Graham said, “If there is something there and it goes up the chain of investigation, it is clear to me that Jeff Sessions, who is my dear friend, cannot make that decision about Trump.”

Top Democrats have also called for Sessions’ resignation, reported CNN Politics. “After lying under oath to Congress about his own communications with the Russians, the Attorney General must resign,” House Minority Leader Nancy Pelosi asserted.” Senator Elizabeth Warren tweeted that “we need Attorney General Jeff Sessions – who should have never been confirmed in the first place – to resign. We need it now.”

Grimm Will Press Case Before Supreme Court

Transgender teen Gavin Grimm will press his case before the Supreme Court, despite the Trump administration’s revocation of protections of transgender students in public schools, reported The Washington Post.
“The Supreme Court late Thursday afternoon asked attorneys for both sides to submit letters by next Wednesday addressing where the case should go from here,” wrote The Post. “The decision of the U.S. Court of Appeals for the 4th Circuit that favored Grimm was based primarily on the Obama administration’s guidance that was rescinded.”
Nan Aron, president of our sister organization Alliance for Justice, criticized Jeff Sessions for his involvement in the Trump Administration’s decision to rescind the protections, stating that he “is wasting no time in confirming that he will be a force for intolerance at the Justice Department. Today Sessions’ DOJ is sending a message of hostility to hundreds of thousands of transgender students across the country.”

Sessions Should Recuse Himself from Flynn Investigation: Schumer

SCHUMER: JEFF SESSIONS MUST RECUSE HIMSELF: Attorney General Jeff Sessions must recuse himself from the investigation into Michael Flynn’s contact with Russians, asserted Senate Minority Leader Chuck Schumer. “Sessions’s recusal is required by the Justice Department’s own rules and regulations,” said Schumer in an op-ed in The Washington Post. “Most important, Sessions’s recusal from this matter is important not only to comply with the law but also to ensure that the public can have faith that the investigation is being conducted in a thorough and impartial way.”

OPINION: GORSUCH IS A DANGER TO LGBT+ RIGHTS: Harper Jean Tobin, the Director of Policy at the National Center for Transgender Equality expressed concern over Gorsuch’s record on LGBT+ rights in a letter to the editor of The New York Times that Gorsuch’s “’religious liberty’ opinions are truly sweeping”, citing cases where he ruled against LGBT+ people. She concluded that “the signs are simply too strong that Judge Gorsuch’s America is one in which L.G.B.T. people can be refused service at restaurants, hotels and doctors’ offices, and employers could hang an ‘L.G.B.T. Need Not Apply’ sign.”

Opposition to Gorsuch’s Nomination Continues

DEMOCRATIC OPPOSITION TO GORSUCH: Concerns are mounting that Neil Gorsuch, President Trump’s Supreme Court nominee, will not be willing or able to function independently from the president. “Given the administration’s disdain for the judiciary, any nominee to the Supreme Court, particularly by this president, must be able to demonstrate independence from this president,” wrote Senate Minority Leader Chuck Schumer in an opinion piece at The New York Times. On Sunday, Trump’s administration made it clear that they expect the judicial  branch to be loyal to Trump when Stephen Miller, a senior policy adviser to Trump, expressed his belief that “a district judge in Seattle cannot force the President of the United States to change the laws and our Constitution because of their own personal views” and that “the President’s power…will not be questioned,” reported People for the American Way.

More than 200 groups are actively working to inform the public about the danger of Gorsuch, reported Bloomberg Politics. Some conservatives are comparing the progressive opposition to the Gorsuch nomination to the controversy over Robert Bork in 1987, using the comparison to argue that Democrats are being too harsh. But an article in The Daily Beast argues that “Rather than remembering the Bork appointment as something to avoid, this is a time to look back at Senator Kennedy’s campaign as a model for how to handle Gorsuch in the coming weeks.”

TRUMP ADMINISTRATION WITHDRAWS OBJECTION TO INJUNCTION AGAINST TRANSGENDER STUDENTS: The Trump administration submitted a legal brief “withdrawing the government’s objections to an injunction that had blocked guidance requiring that transgender students be allowed to use restrooms that match their gender identity,” reported The Chicago Tribune.

The Obama administration had appealed the injunction.  But the Justice Department, led by Attorney General Jeff Sessions, decided to no longer challenge it in court – leaving in place a ruling that effectively thwarts the rights of transgender students.

The decision “signaled a significant change in the government’s approach to transgender issues under President Trump” according to The New York Times.

Appeals Court Won’t Reinstate Travel Ban

APPEALS COURT RULES NOT TO REINSTATE TRAVEL BAN: A panel of judges on the U.S. Court of Appeals for the 9th Circuit unanimously agreed to uphold the decision that blocked Trump’s executive order on travel, The Washington Post reported. After the decision, Trump tweeted “SEE YOU IN COURT,” leading many to believe the case will reach the Supreme Court.

Nan Aron, president of our sister organization Alliance for Justice, released a statement on the decision, writing, “[t]he action by the Ninth Circuit shows us once again just how important an independent judiciary is, as a check on overreach or misguided actions of the other branches. It also highlights the importance of all the federal courts, including the ones at the circuit and district levels. Of course, all eyes are now on the Supreme Court, not just because this case could well be headed there – but also because we have a nominee about to be considered for a seat on the Court. And it’s more important than ever that the nominee, Neil Gorsuch, answer all questions about whether he can be an independent check on an executive whose disregard for the law has put his administration in crisis-a-day mode.” A portion of the statement appeared in an article at The Washington Examiner.