Editorials and Opinion
Trump Vetting Extremist Judges to Fill Record Number of Empty Seats (Center for American Progress, 04/27/17)
Billy Corriher: President Donald Trump has a chance to nominate 127 federal judges to seats that are now empty. This is an astounding number of vacancies—amounting to one-seventh of the total federal judiciary and more than twice the number of vacancies that President Barack Obama inherited. The White House is vetting nominees for courts around the country, including extremist nominees from Texas for the 5th U.S. Circuit Court of Appeals, which has four vacant seats.... The administration’s current crop of nominees suggests that Trump will nominate pro-corporate judges who will consistently rule against American workers and the environment.
Judge Gorsuch favors corporate goliaths over small businesses (The Hill, 04/09/17)
Amanda Ballantyne, Main Street Alliance: A closer look at his record suggests some bad news for the "mom and pop" shops struggling to get by; Judge Gorsuch is not their friend. Time and again, he’s favored corporations at the expense of small business owners, their employees and their customers. ... First, Judge Gorsuch could undermine regulations that protect small business owners.... Judge Gorsuch has shown a clear disdain for environmental regulations and has actively worked to weaken them. Weaker environmental regulations, however, jeopardize small businesses’ ability to operate, their security in the future and the confidence of their customers.
Second, Judge Gorsuch has a strong record of corporate favoritism. This stacks the deck even further against small businesses
A Toxic Threat to Justice: Democrats must stop the GOP's Supreme Court salvo from also poisoning lower courts. (U.S. News & World Report, 04/07/17)
Nan Aron, Alliance for Justice: Senate Republicans deploying the so-called nuclear option to confirm Supreme Court nominee Neil Gorsuch marks a sad day in history not only for the Senate, but also for justice.,,, Thanks in large part to GOP stonewalling of judicial nominees under Barack Obama, President Donald Trump already has a whopping 120 lower-court vacancies to fill, 19 on circuit courts. His administration has made clear it intends to appoint younger, conservative ideologues with many years to serve, and to jettison the role of the American Bar Association in evaluating candidates for the bench.... With a fired-up base, Senate Democrats have every reason to prioritize circuit court nominations now. They should insist the president avoid nominating judges whose philosophies are extreme.... The "blue-slip" process is a venerable tradition that gives home-state senators power to say whether nominees from their states will advance. Such tactics should not be abused, but they exist.... Obama regularly consulted with Republican senators on finding the best-qualified judicial nominees.
Bill Price: Sens. Manchin, Capito should vote no on Gorsuch (Gazette) (Charleston Gazette [WV] , 04/06/17)
Bill Price, Sierra Club: Judge Gorsuch appears to be as hostile to citizen enforcement as Scalia, if not more so. On three separate occasions, he has denied access to the courts for environmental groups to federal courts, relying on cramped views of what it takes to establish access to the federal courts. He has written about his disdain for public interest litigation, a dangerous view of the environmental laws that have safeguarded this country’s air, water and wilderness from devastating harms.
[Editorial] No to Gorsuch (Rutland Herald [VT] , 04/05/17)
"Sens. Patrick Leahy and Bernie Sanders are willing to filibuster the Gorsuch nomination, offended by the candidate’s evasiveness and alarmed by his ideological rigidity.... If they give in to McConnell they will have retained the right to filibuster but would have lost the power to exercise it. Instead, they would have surrendered to one of the most egregious power grabs in the nation’s history, allowing the Republicans to place their stamp on the judiciary in order to impose an agenda on the nation that the nation has shown no indication it supports.... The refusal of the Republicans to allow even a hearing on President Barack Obama’s appointment of Merrick Garland to the Supreme Court showed that they were willing to scoff at their own constitutional obligations in service of their ideological and economic loyalties.
Gorsuch’s refusal to answer even the most basic questions about his thinking was an expression of the same contempt for Congress that McConnell displayed in refusing to allow a hearing for Garland. Gorsuch’s affable muteness sent a message: I am above the people and their concerns. I have no responsibility to anyone but the narrow band of millionaires and ideologues who have advanced my nomination and to the president who has declared war on the American government.
Much is at stake with the Gorsuch nomination. His own rulings suggest he adheres to a view that the high court went astray in the 1930s in decisions allowing the federal government to give rule-making power to agencies established to protect workers, consumers, investors, air, water, the purity of food and drugs.... Leahy and Sanders are taking a necessary and principled stand against the Republican effort to steal a seat on the Supreme Court.
[Editorial] McConnell reaps harvest of division (Lexington Herald-Leader [KY], 04/05/17)
"During his years as minority leader, McConnell wielded Senate rules, such as the 60-vote requirement, like no one ever before. McConnell’s goal: block President Barack Obama’s appointments and legislative agenda. Last year, as majority leader, McConnell refused to give Obama’s Supreme Court nominee Merrick Garland so much as a hearing on the invented grounds that the appointment rightfully belonged to the next president.
Interestingly, McConnell refused during a Sunday appearance on “Meet the Press” to support formalizing his invented rule .... he has only his past actions to blame for Democrats’ stubbornness. ... Democrats, logically enough, think that easing Gorsuch’s confirmation would reward McConnell’s intransigence on the Obama nominee.... McConnell was so effective at blocking Obama’s nominees that President Donald Trump inherited almost twice as many judicial vacancies (an estimated 103) as Obama did (53).
Eroding the 60-vote requirement, also known as the filibuster, does alter the nature of the Senate in ways that McConnell once decried. The Senate would become less consenus-oriented and deliberative .... The objections to Gorsuch are rooted in substance not politics alone. The Coloradan came off less qualified in person than on paper. His record reflects an intemperate zeal to dismantle protections for workers, consumers, clean water and air.... McConnell, who perfected the obstructionist model, is reaping what he sowed."
Letter to the editor: Sixty-vote rule on court nominees provides essential balance (Portland Press Herald [ME] , 04/04/17)
Sharon McDonnell: Given the deeply partisan judicial record of Neil Gorsuch, President Trump’s nominee for the Supreme Court, our senators, Susan Collins and Angus King, should reject his nomination and call for a new nominee or consider Judge Merrick Garland. King should join a filibuster, and Collins should, at the very least, reject efforts to change the cloture rule requiring 60 votes to end debate on Supreme Court nominations.... Gorsuch ruled that a company was in its rights to fire a trucker because he made a choice to avoid potentially freezing to death; he denied the right of a student with autism to get the educational support he needed; and he’s argued for a judicial philosophy that would make it harder for agencies to enforce environmental laws and other statutes.
Given this record, Senate Democrats are warranted in their plans to filibuster.... the moderate thing for Collins to do would be to vote against this “nuclear” rule change.
On Gorsuch, Senate Should Debate, Deliberate (Jost on Justice: Law & Justice Blog, 04/04/17)
Kenneth Jost: The Senate should not vote this week on the Supreme Court nomination of Judge Neil Gorsuch. ,,, the reason for slowing down the vote is that Senate Republicans owe it to the American people to allow full debate and deliberation on Gorsuch's nomination before sending him to the Supreme Court for what is likely to be 25 years or longer....They will be getting
* A justice who is a threat to reproductive rights, LGBT rights, and workers' and consumers' rights.
* A justice who is a threat to clean air and clean water regulations.
*A justice who would invite a larger role for money in politics by narrowing the power of Congress or state legislatures to limit campaign contributions.
* A justice who could be a pivotal vote for expanding presidential power at a time when the president is a constitutional time-bomb waiting to go off.
* A justice with no record of promoting racial justice or protecting voting rights at a time when those issues tarnish America's claims to liberty and justice for all.
The Government Gorsuch Wants to Undo (New York Times, 04/01/17)
Emily Bazelon & Eric Posner, Op-Ed: Judge Gorsuch embraces a judicial philosophy that would do nothing less than undermine the structure of modern government — including the rules that keep our water clean, regulate the financial markets and protect workers and consumers. In strongly opposing the administrative state, Judge Gorsuch is in the company of incendiary figures like the White House adviser Steve Bannon, who has called for its “deconstruction.”... Schechter Poultry Corp. v. the United States, along with another case decided the same year, are the only instances in which the Supreme Court has ever struck down a federal statute based on this rationale, known as the “nondelegation doctrine.” Schechter Poultry’s stand against executive-branch rule-making proved to be a legal dead end, and for good reason. As the court has recognized over and over, before and since 1935, Congress is a cumbersome body that moves slowly in the best of times, while the economy is an incredibly dynamic system. ... only Justice Clarence Thomas seeks to strip power from the administrative state by undercutting Chevron and even reviving the obsolete and discredited nondelegation doctrine, as he explains in opinions approvingly cited by Judge Gorsuch.
Gorsuch wrong about federal regulations (Indianapolis Star [IN], 03/26/17)
Prof. Diana Winters: Gorsuch would have unelected judges interpreting ambiguous laws instead of the expert and experienced agencies charged with administering the law. This is not only unwise, it would mark a sea change in the way the regulatory state operates. Gorsuch’s approach to agency interpretation would make it harder for agencies like the EPA and the FDA to protect the American public. Besides, the American public knows that the judiciary too is subject to political whim. After all, the only reason there is a seat vacant for Gorsuch is politics.
What would a world without Chevron really look like? Like it did before the regulation of the environment, before the regulation of food safety — more polluted, dirtier, and sicker. No thank you.
Maine Voices: Environmental stewards should stand together against Gorsuch: President Trump's nominee opposes the long-standing custom that courts defer to experts in government (Portland Press Herald [ME] , 03/25/17)
Ken Cline: Gorsuch, a federal appellate judge, has a record of extreme positions that proves he is too far outside the mainstream and too hostile to the environment for this critically important position. Gorsuch has been described as more extreme than Scalia, the most anti-environment justice in recent Supreme Court history.
Gorsuch’s judicial philosophy will limit the access of everyday Americans to the courts and prevent agencies like the EPA from doing their job to protect our air, water and health. This is a dangerous view that will favor polluters and industry over the rights of the people.
On at least three separate occasions, Gorsuch has denied access to the courts for environmental groups. Environmental laws without citizen access to the courts to enforce them are a hollow promise. ... We must hold the Senate to that 60-vote threshold..... Collins and King must raise their voices with us and reject Neil Gorsuch
Ken Grossinger: Judge Gorsuch wrong choice for Colorado's working families (Daily Camera [CO] , 03/25/17)
Guest Opinion: for the majority of Coloradans — and Americans — who are everyday working people, Judge Gorsuch's record bodes ill.... throughout his career, Judge Gorsuch has shown a pattern of siding in favor of employers, wealthy corporations and Wall Street — against working families ... He also has voiced support for legal theories that could jeopardize important protections for workers as well as clean air, clean water, and safe food and medicine that each of us relies on every day.... a "no" vote on Judge Gorsuch is the only vote that serves these families.
Letter: Gorsuch is less moderate than Scalia (Salt Lake Tribune [UT], 03/24/17)
Elise Love: Neil Gorsuch stated that no one had asked him for any commitments yet he has repeatedly sided with big business over the interests of workers and consumers. In contrast, Merrick Garland was a candidate whose moderate decisions would have balanced the court.
The unconstitutional partisan conspiracy that blocked Garland must not be legitimized with the appointment of Gorsuch. The "best judgment" of candidate Gorsuch is actually less moderate than that of Judge Antonin Scalia,
What Neil Gorsuch (Really) Means for the Supreme Court (Esquire, 03/23/17)
Andrew Cohen: He also is every bit the conservative ideologue that his most suspicious critics think he is. ... Gorsuch is going to rule overwhelmingly in favor of conservative causes and principles, just like the man who preceded him, Antonin Scalia. To paraphrase John Roberts: Justice Gorsuch will call balls and strikes all right, just like an umpire, only one team will get almost all of the strikes and the other almost all of the balls. ... he has been chosen for the High Court by the Trump administration specifically because of his politics, as expressed through his work for the Bush administration, his time in private practice, and the jurisprudence he has revealed during his time as a federal appeals court judge. The think tanks and dark money donors who supported his nomination didn't just buy in on him on spec. ... Bad news for environmentalists.... The ideological gulf between Garland and Gorsuch is going to make a difference in the lives of every American today and every person yet to be born here in the next half century or more.
Gorsuch’s big fat lie [print headline "Gorsuch's convenient untruth"] (Washington Post, 03/23/17)
E.J. Dionne Jr., Opinion writer: “There’s no such thing as a Republican judge or a Democratic judge,” Gorsuch said.
Gorsuch, the amiable veteran of many Republican campaigns, is well-placed to know how serious a fib that was. ... The best scholarship shows an increasingly tight fit between the party of the appointing president and how a judge rules. It’s a point made in “The Behavior of Federal Judges ,” by Lee Epstein, William Landes and Judge Richard Posner, and also in research by Neal Devins and Lawrence Baum.... The reason Republicans wouldn’t even let the moderately liberal Garland make his case is that conservatives who regularly denounce “liberal judicial activism” now count on control of the Supreme Court to get results they could never achieve through the democratically elected branches of government.... Gorsuch has done what economic conservatives count on the judges they push onto the courts to do .... conservatives, including Trump, want the court to sweep aside decades of jurisprudence that gave Congress broad authority to legislate civil rights and social reform, along with environmental, worker and consumer protections. Gorsuch good-naturedly evaded nearly every substantive question he was asked because he could not acknowledge that this is why he was there.
If Gorsuch gets through, big business wins (South Jersey Times [NJ], 03/22/17)
Letter to the Editor, Joseph D. Bastrimovich: If anyone thinks Gorsuch, or any judge, doesn't come to the court with an agenda, they are naive or stupid. Business-funded front groups like Judicial Crises Network wouldn't be spending oodles of money toward Gorsuch's confirmation if they didn't expect something from him.
How Trump's Supreme Court Pick Quietly Wipes Out Environmental Cases: Green groups may never get their day in court. (Mother Jones, 03/20/17)
Rebecca Leber: Throughout his career, Gorsuch has found creative ways of throwing judicial roadblocks in front of environmental litigation. In many instances, Gorsuch has ruled that environmentalist groups don't have what is called "standing" to bring a case. ... If Gorsuch's logic were applied to other cases, plenty of environmental arguments would be at risk, says Grab. "Judge Gorsuch's approach in this case is potentially worrisome to any organization that might want to challenge an agency's tightening of a regulation as not being comprehensive enough," she notes .... Gorsuch has also attempted to limit the ability of green groups to defend environmental rules in court.
Restoring Judicial Independence (American Constitution Society Blog, 03/15/17)
Caroline Fredrickson: Trump's selection process for a Supreme Court nominee was unprecedented. There are real concerns raised by the litmus tests that the president promised that his judicial nominee has met. Gorsuch’s record on the bench demonstrates a departure from decades of precedent. At the same time, there is information about the judge's time at the Department of Justice that is still unknown despite repeated requests for information. Add to this nomination process the fact that Gorsuch was selected by a president with numerous constitutional challenges that are already being disputed in court.... We need to ensure that senator’s questions are answered, and next week’s confirmation hearing is an important part in restoring transparency.
Letter to the editor: Oppose Neil Gorsuch (Camden Herald [Rockland, ME], 03/09/17)
Sarah Holland: Americans should be concerned about the nomination of Neil Gorsuch to the position of Supreme Court Justice.... He has a history of favoring religious rights over civil rights, and corporate rights over individual rights with the most notable example being the Hobby Lobby case.... with Neil Gorsuch as Supreme Court Justice, corporations would become more powerful and hold more influence over our government, existing laws involving everything from civil rights, voting rights, environmental protections, labor standards, reproductive rights and more could be reversed.
Guest opinion: Gorsuch no friend of U.S. workers (Billings Gazette [MT,WY], 03/09/17)
Al Ekblad, Montana State AFL-CIO: Working Montanans should be deeply concerned by President Trump’s choice for the U.S. Supreme Court. Federal Appeals Judge Neil Gorsuch’s record shows he’s comfortable using the law to enrich Wall Street bankers and trampling the rights of working people....Gorsuch appears to believe in legal theories that are well outside the mainstream and that would hinder the federal government’s ability to effectively address national problems affecting Americans. If confirmed, he would likely continue to endanger important protections for workers, as well as clean air, water and basic safety regulations for food and medicine. He’s demonstrated he will represent corporate interests over everyday people at a time when America needs a justice who will protect the rights of all of us.
OPINION: Trump’s SCOTUS nominee no friend to working people (Missoulian [MT], 03/07/17)
Al Ekblad, Montana State AFL-CIO: Working Montanans should be deeply concerned by President Trump’s choice for the U.S. Supreme Court seat. Federal Appeals Judge Neil Gorsuch’s record shows he’s comfortable using the law to enrich Wall Street bankers and trampling the rights of working people.... If confirmed, he would likely continue to endanger important protections for workers, as well as clean air, water and basic safety regulations for food and medicine. He’s demonstrated he will represent corporate interests over everyday people at a time when America needs a justice who will protect the rights of all of us.
LETTER TO THE EDITOR: Our water must be protected (News Herald [Panama, FL], 03/06/17)
Col. J. D. Koutsandreas: he is trying to get Neil Gorsuch on the Supreme Court who is a far right attorney. That way when his legislation goes to the court, he is assured of a win .... Neil is a very talented attorney but it is environmental regulations for clean water, clean air and a healthy beach and seafood that we need here at Panama City.
Gorsuch will not improve Supreme Court (Monterey County Herald [CA], 03/05/17)
Catherine Metz, Letter to the Editor: The Supreme Court must be filled by people who judge impartially, guided by our Constitution. Unfortunately, Neil Gorsuch, cannot be trusted to protect clean air and water. His record shows that he will limit the access of everyday Americans to the courts and prevent agencies like the EPA from fulfilling their mission and doing their job to protect our air, water and health.
Please join me in calling on Sens. Harris and Feinstein to oppose Gorsuch’s nomination.
Your Opinion: Gorsuch lacks respect for constitutional values (News Tribune [MO], 03/01/17)
John Bennett: During the month of February, Black History Month, we have been called to recommit to our constitutional values of liberty, equality, and justice for all. However, it is troubling that President Trump has put forth a nominee for the nation's Supreme Court, Judge Neil Gorsuch, whose record does not demonstrate respect for those values, nor has he shown respect for the belief that the Constitution protects all of us, not just the wealthy and he powerful. ... Judge Gorsuch has shown a consistent and troubling bias on the side of big business against the interests of consumers and employees. His narrow ideological view of workplace discrimination laws is dangerous for workers. Judge Gorsuch would undermine countless laws, including those that protect the environment, worker's rights, civil rights, and consumer protections. These matters concern me as a citizen and as a person of faith. He should not be confirmed.
Why Gorsuch could lead court in wrong direction (CNN, 03/01/17)
Prof. Richard L. Hasen: keeping the steady course with a conservative replacement for Scalia will be bad enough across a range of topics important to many Americans, from environmental protection to immigration law to the ability of labor unions to collect dues from their members. ... Consider how things will likely get worse in two areas that are the focus of my work, campaign finance and voting rights.... The court with Gorsuch, like a court with Scalia still on it, seems poised to kill off what's left of McCain-Feingold and potentially open the door to candidates taking unlimited contributions from individuals and perhaps even corporations. Things on the voting rights side could get worse as well. ... the simple confirmation of Gorsuch would not restore the status quo. It would keep things moving in the very troubling direction they were going while Scalia was still on the court.
Judge Neil Gorsuch: Likable, but dangerous (The Hill, 02/28/17)
Wade Henderson,The Leadership Conference on Civil and Human Rights: Our Constitution demands that the Senate fully examine the record and judicial philosophy of the nominee. By that measure, the Senate must reject the nomination of Neil Gorsuch.... he lacks the impartiality and independence the American people expect and deserve from the Supreme Court.... As a judge on the federal appeals court, he has shown a consistent favorable treatment of employers and corporate defendants, and a reflexive rejection of workers’ rights claim.... The Chevron doctrine requires deference to federal agencies’ interpretation of ambiguous laws as long as the interpretation is reasonable, which has resulted in the safeguarding of workers’ rights, environmental protection, consumer protections, food safety, and many other protections for people’s health and well-being.
Judge Gorsuch wrote that judges should make these decisions instead of agencies with the relevant expertise, which will likely lead to favoring corporate interests over individual rights.... From workers’ rights to LGBT rights, from protecting students with disabilities to protecting the environment, from voting rights to police misconduct, Judge Gorsuch’s decade-long record demonstrates he is a judge with an agenda. That agenda, unfortunately, is not in the interest of those who need the courts to protect them the most.
Letter: Kudos to Schumer for questioning Gorsuch (Albany Times Union [NY], 02/22/17)
Brenda Bergstrom: Sen. Charles Schumer's reservations about President Donald Trump's Supreme Court nominee, Neil Gorsuch, ("Schumer leery of Gorsuch comment" Feb. 10 ) indicate the caution that characterizes true leadership.... Particularly glaring is his history concerning environmental regulations. Basically, he disputes the "Chevron Doctrine," which holds that courts should defer to the scientific findings of government agencies in determining challenges to enforcement of laws. Such challenges often come from industries objecting to environmental regulations. We can see where Gorsuch's approach would lead: that judges can disregard science and that corporations' rights override the rights of ordinary citizens to clean air, water and a livable climate.
Because Gorsuch, like his mentor Justice Antonin Scalia, reveres the rights of corporations to free speech, he has shown no interest in restricting the role of big money in politics.
Gorsuch must show commitment to a democratic America (Cincinnati Enquirer [OH] , 02/21/17)
Joseph P. Tomain: Garland is also known for his fairness, decency, temperament and commitment to the rule of law. What distinguishes these two nominees is only one thing – politics.... The failure of the Senate to honor its constitutional duty by holding hearings on Garland highlights how politicized the Court is currently.... Can the White House benefit cronies and harm citizens by increasing safety risks and pollution, reducing or eliminating cost savings, and raising costs to consumers? Or can the will of Congress override the administration’s power grab by safeguarding agency action discharged in the public good? These questions will face the Supreme Court.
Where does Gorsuch stand?
Letter: Resist Gorsuch (Post Independent [CO], 02/14/17)
John Hoffmann, letter to the editor: The editors of the Post Independent want the Democrats to play nice after the right refused to even vet Merrick Garland ... I would say be mad as hell and resist the carnage of the right anyway we can.
The Fate of Environmental Law in a Trump-Era Supreme Court: Given what we know now, those laws will almost inevitably be weakened in ways that are hard to predict (Scientific American, 02/08/17)
Guest blog By John Echeverria: Gorsuch has staked out positions on several crosscutting legal questions that have important implications for environmental law .... Critics of government regulation sometimes seek to apply the so-called nondelegation doctrine, which purportedly limits the power of Congress to make delegations of rule-making authority to administrative agencies. The Supreme Court has upheld nondelegation challenges to congressional enactments in only a handful of cases, both decided in the 1930’s, and the late Justice Scalia wrote an opinion for the modern Court rejecting a nondelegation challenge to the Clean Air Act. In a highly visible dissent filed in 2015, however, Judge Gorsuch offered a full –throated defense of the doctrine, suggesting he might try to lead an effort on the Supreme Court to breathe new life into the doctrine, an ominous prospect for modern environmental statutes that are commonly drafted with a broad brush.
Gorsuch also has written opinions suggesting sympathy for the argument that courts should be reluctant to recognize that private environmental plaintiffs have “standing.”