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A project tracking federal judicial nominations and courts.


Senator Statements

 

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Sen. Peters Statement on Supreme Court Nominee Judge Neil Gorsuch
(Democrat - Michigan) 03/28/17
"The U.S. Supreme Court is often the last line of defense for everyday Americans, and Judge Gorsuch’s previous rulings indicate he believes that corporations have greater rights than individuals. Whether it is ruling against children who want an equal opportunity to get a quality education or women who want access to health care, Judge Gorsuch often fails to take into account the human face behind each case. He has also failed to acknowledge how deeply the Citizens United decision has corrupted our government by opening the floodgates for special interest money to pour into our elections. Serving on the U.S. Supreme Court requires more than education and experience, and I am extremely concerned that Judge Gorsuch’s judicial approach is out of step with mainstream American values. After careful consideration of Judge Gorsuch’s comments and his record, I cannot support his nomination to serve on our nation’s highest court.”

Senator Stabenow Announces She Will Oppose Judge Neil Gorsuch’s Nomination to Supreme Court
(Democrat - Michigan) 03/28/17
“After reviewing Judge Gorsuch's rulings, it is clear that he has a long record of siding with special interests and institutions instead of hard-working Americans. And, therefore, in my judgment, he does not meet this standard of balance and impartiality,” Stabenow said in a statement. “After carefully reviewing his record and listening to his testimony last week in the Senate Judiciary Committee, I have concluded that supporting the nomination of Judge Neil Gorsuch to the United States Supreme Court is not in the best interests of the people of Michigan whom I am proud to represent.” Stabenow noted that Gorsuch, while serving on the 10th Circuit Court of Appeals, had ruled against Alphonse Maddin, a Michigan truck driver who was fired after leaving his trailer at the roadside when it broke down on a freezing night. “When Mr. Maddin sued, Judge Gorsuch disagreed with six other judges' rulings and reached the conclusion that Mr. Maddin should have risked his life to follow company orders even though Mr. Maddin protected his cargo from loss and completed his assignment,” Stabenow said. She also highlighted a 2008 ruling by Gorsuch against the parent of an autistic boy who sought an education to meet his special needs. During Gorsuch's confirmation hearing, the Supreme Court unanimously ruled that disabled students are entitled to more protections than Gorsuch had found to be necessary, Stabenow said. Another case she noted involved a ruling by Gorsuch in favor of “the rights of corporations over the rights of women to have access to health care,” Stabenow said.

Sen. Franken: I Will Vote No on Supreme Court Nominee Neil Gorsuch
(Democrat - Minnesota) 03/27/17
"Last week, Judge Neil Gorsuch appeared before the Senate Judiciary Committee to not only explain his record and his judicial philosophy, but to convince the Senate that he would be the right choice for this incredibly important position," said Sen. Franken. "Although I came into the hearings skeptical of Judge Gorsuch, I was willing to listen, ask questions, and to do my job as a member of the Committee. Based on those hearings, I am going to vote no on Judge Gorsuch's nomination. He has an extreme record on everything from corporate accountability and workers' rights to women's health, and I fear that as a Supreme Court justice he will guarantee that the highest court in the land continues to favor powerful interests over the rights of average Americans. I'll say this again: at this moment in our nation's history, we need a Supreme Court justice who has earned a reputation for working to build consensus-someone like Merrick Garland, who, although rightfully nominated by President Obama, was treated disgracefully by Senate Republicans and denied a hearing and a vote. Judge Gorsuch is not a consensus nominee like Merrick Garland and he should not be confirmed. If given a spot on the Court, he will pursue an ideology that I believe has already infected the bench-an ideology that backs big business over individual Americans."

Sen. Bill Nelson will No on cloture and on confirmation of Gorsuch Supreme Court nomination
(Democrat - Florida) 03/27/17
“Deciding whether to confirm a president’s nominee for the highest court in the land is a responsibility I take very seriously,” Nelson said in a statement. “Over the past few weeks, I have met with Judge Gorsuch, listened to the Judiciary Committee’s hearings and reviewed his record with an open mind. I have real concerns with his thinking on protecting the right to vote and allowing unlimited money in political campaigns. In addition, the judge has consistently sided with corporations over employees, as in the case of a freezing truck driver who, contrary to common sense, Judge Gorsuch would have allowed to be fired for abandoning his disabled rig during extreme weather conditions. I will vote no on the motion to invoke cloture and, if that succeeds, I will vote no on his confirmation.”

Sen. Leahy on filibuster and Gorsuch Supreme Court nomination
(Democrat - Vermont) 03/27/17
"Unless #JudgeGorsuch provides REAL answers to written Qs & senators have ample time for review & debate, he WILL be filibustered"

Sen. Hirono to Oppose Nomination of Neil Gorsuch
(Democrat - Hawaii) 03/27/17
“The real focus and the real heart of this decision lies in the struggles that working families, women, differently-abled, people of color, the LGBTQ community, immigrants, students, seniors, and our native peoples face every day,” Senator Hirono said. “These are the everyday Americans who will be impacted by the decisions a Justice Gorsuch would make. The central question for me in looking at Judge Gorsuch and his record, in listening carefully through three days of hearings is whether he would be a Justice for all, or only a Justice for some. I do not believe Judge Gorsuch meets this test. I will oppose his nomination, and I will oppose it every step of the way. I urge my colleagues to do the same. This is simply too important for the future of America and its values.”

Sen. Franken will vote No on Gorsuch Supreme Court nomination
(Democrat - Minnesota) 03/26/17
"I will be voting no on Judge Neil Gorsuch because I fear he'd be a part of a U.S. Supreme Court that would put the interests of large corporations before Minnesotans and all Americans."

Sen. Patty Murray will oppose Neil Gorsuch for Supreme Court and filibuster him if necessary.
(Democrat - Washington) 03/24/17
“Senate Republicans refused to do their job and refused to hold a single hearing. Second, since taking office two months ago, President Trump has demonstrated complete disregard for law, the U.S. Constitution, and the best interests of American families. He continues to try and force through an un-American, unconstitutional ban on Muslim refugees and immigrants, and he fired an acting attorney general when she refused to compromise her legal judgment in order to conform to his demands. That chaos, coupled with the cloud of an FBI investigation into the president and his associates, has led me to the conclusion that I cannot trust that President Trump is acting in the best interest of our country or our democracy and that I cannot support moving forward with his choice for the Court. I would certainly hope that Republicans don’t change the rules to break the long and important precedent of demanding a 60-vote threshold for lifetime appointments to the highest court in the land. If a nominee can’t get 60 votes, you shouldn’t change the rules, you should change the nominee,”

Sen. Heitkamp discusses Gorsuch & filibuster with ND Editorial Bd
(Democrat - North Dakota) 03/24/17
Heitkamp also signaled some openness to Trump's Supreme Court nominee Neil Gorsuch, who testified before lawmakers this week. Heitkamp said in a Thursday statement that she is still reviewing his nomination. Asked about Gorsuch on Friday, Heitkamp praised his familiarity with tribal sovereignty and public land issues, and pointed out his willingness to curb federal agencies' discretion interpreting the law. Despite some Democrats' indication that they might be willing to filibuster Gorsuch's confirmation, Heitkamp pointed out that a vote to end a filibuster and to confirm Gorsuch are two separate things. The political will among Democrats might not be strong enough to keep a filibuster in place, she said, even if it might be strong enough to keep support for Gorsuch to less than the necessary 60 votes.

Sen. Whitehouse says he will not vote to confirm Gorsuch for Supreme Court
(Democrat - Rhode Island) 03/24/17
Sen.feels he "gave Judge Gorsuch every chance" during the U.S. Senate Judiciary Committee hearings, "and indeed pressed him and pressed him on the issues I think are the dominant ones and I came away dissatisfied ... [and] am not in a position to vote for his confirmation." Whitehouse cited his concern with reinstating a Republican-appointee majority on the court that, when the late Supreme Court Justice Antonin Scalia was alive, "issued so many partisan 5-to-4 decisions ... whose results really became so disheartenly predictable. And the second was some sense that the flood of money into politics after Citizens United has had an evil effect on our democracy." "I wanted at least some signal or sense from him that he saw these as legitimate public concerns. I am not sure I needed him to go as far as fully agreeing with me, but I really couldn't get anything out from behind his screen of platitudes,"

Sen. Reed to Vote No on Judge Gorsuch for Supreme Court
(Democrat - Rhode Island) 03/24/17
“I will not support Judge Gorsuch for the highest court in the land. After carefully examining his judicial record and listening to his testimony, I believe he is a poor choice for the United States Supreme Court.... The Founders’ original intent was never for corporations to become more powerful than citizens. Under a Justice Gorsuch, companies could increase their influence over our elections. Judge Gorsuch has a propensity for ruling against workers in labor and employment disputes. In the so-called “frozen trucker case,” he twisted a statute to insist that a trucker stranded in sub-zero conditions should have been fired for seeking safety. ... Many of Judge Gorsuch’s legal decisions are based on an overly narrow view of our laws. Indeed, during his hearing, the Supreme Court unanimously rejected his legal theory that would have gutted the Individuals with Disabilities Act (“IDEA”). ... During his hearing, and in our meeting, he repeatedly declined to answer even basic questions. ... Judge Gorsuch has a not-so-hidden agenda. His record as a judge shows he repeatedly used concurring and dissenting opinions to go well beyond the facts of a case to make broad, ideological statements.... I will vote no on cloture and no on his nomination.”

Sen. Wyden: Gorsuch’s History on Torture and Secret Law is Disqualifying for Supreme Court: “I will vote ‘No’ on Judge Gorsuch’s nomination,” Wyden Says
(Democrat - Oregon) 03/23/17
“Given Judge Gorsuch’s history of working to advance the damaging practice of secret law, his record of preferring corporations over individuals and his support of state interference with an individual’s right to make their own decisions about the most personal of issues, I will vote no on his nomination and I will vote to sustain a filibuster.”

Manchin cautions on Gorsuch filibuster
(Democrat - West Virginia) 03/23/17
“That’s not what the Founding Fathers decided for this body. This body’s a very unique body, a very deliberate body, supposed to be the teapot cooling the tea off,” Manchin said.... for Manchin, who said he’s “not a big filibuster guy to begin with,” Gorsuch should get an up-or-down vote unless a lawmakers has an actual, strong concern about him. “How do you preserve the Senate? How do you preserve the input that the minority should have? Because what goes around comes around,” he said.... for Manchin, who said he’s “not a big filibuster guy to begin with,” Gorsuch should get an up-or-down vote unless a lawmakers has an actual, strong concern about him. “How do you preserve the Senate? How do you preserve the input that the minority should have? Because what goes around comes around,” he said.Manchin said Democrats should be concerned with whether he’s too far right or center-right. “Well, he’s replacing Antonin Scalia, who is very, very conservative. So you can look at it evaluate it — well, is he more nontraditional or more conservative than Antonin Scalia? If he fits in the same wheelhouse, then you can [look at the] justice saying, ‘That kind of fits the same parameter as who he’s replacing.’” Couric suggested that “given that parameter,” it sounded as though Manchin planned to vote “yes” on Gorsuch. “Let’s just say I’m a very open-minded person,” he replied.

Sen. Casey: The Nomination of Judge Neil Gorsuch
(Democrat - Pennsylvania) 03/23/17
"I ... have serious concerns about Judge Gorsuch’s rigid and restrictive judicial philosophy, manifest in a number of opinions he has written on the 10th Circuit. It is a judicial philosophy that employs the narrowest possible reading of federal law and exercises extreme skepticism, even hostility, toward executive branch agencies.... It is little wonder that corporate special interests on the right placed Judge Gorsuch’s name on a list of litmus-tested judges from which they demanded the President choose his nominee.... the Supreme Court, under Chief Justice Roberts, has become an ever more reliable ally to big corporations. ... Judge Gorsuch’s record indicates that he would only exacerbate this problem and further stack the deck against ordinary workers and families.... Judge Gorsuch has a particularly troubling record when it comes to enforcing legal protections for individuals, particularly students, with disabilities. ...he Supreme Court issued a unanimous 8–0 ruling repudiating a previous opinion Judge Gorsuch wrote concerning the rights of a disabled student.... Judge Gorsuch reversed these rulings, going beyond precedent to articulate the narrowest possible interpretation of the federal law .... I do not believe Judge Gorsuch’s judicial approach will ensure fairness for workers and families in Pennsylvania.... I will not support his nomination."

Sen. Kamala Harris: Why I cannot support Judge Gorsuch
(Democrat - California) 03/23/17
"President Trump’s nominee, Judge Neil Gorsuch, certainly has a paper resume that would impress legal scholars. But his rulings repeatedly have failed to achieve justice for all Americans.... The rest of Judge Gorsuch’s record also shows he’s willing to favor corporations over the American people. He believes companies can impose their religious views on employees and deny women birth-control coverage. And he has been hostile toward federal agencies that protect American workers and consumers.... Judge Gorsuch has consistently valued narrow legalisms over real lives. I must do what’s right. I cannot support his nomination."

Sen. Sanders Opposes Gorsuch
(Independent - Vermont) 03/23/17
Sen. Bernie Sanders (I-Vt.) issued the following statement: "Americans deserve a Supreme Court justice who respects the rights of workers to be treated fairly instead of bowing to big business. We cannot stand by while the court dismantles the Voting Rights Act and lets cowards in statehouses erect roadblocks to voting. We must keep campaigns free of the corrupting influence of big money and not go further down the dangerous path that began with the disastrous Citizens United ruling. We cannot risk a court that would put in jeopardy the privacy rights of all Americans and a woman's right to control her body. I had looked forward to Judge Neil Gorsuch sharing his views on the Supreme Court’s critical role on some of the most important issues in America. Instead, he refused to answer legitimate questions and brought the confirmation process to a new low in a thick fog of evasion. After careful consideration of Judge Gorsuch’s record, I have concluded that I will not vote to confirm him to be an associate justice of the Supreme Court, and I will not support Republican efforts to change the rules to choke off debate and ram the nomination through the Senate."

Sen. Durbin Letter to the Editor: Gorsuch showed his true values with his ruling on the 'frozen trucker' case
(Democrat - Illinois) 03/23/17
"Maddin’s position was ruled on by seven different administrative and court judges. All but one judge ruled against the trucking company. That one judge was Gorsuch.... he 10th Circuit majority noted that Judge Gorsuch cherry-picked one dictionary’s definition to favor the company. Other dictionaries, and the law’s purpose of protecting health and safety, favored Maddin.... we can only look at his record in deciding whether he should be given a lifetime appointment to the highest court of the land.... Every judge brings values to the court and in close, hard cases those values can tip the balance on the meaning of the law or the facts before the court. Al Maddin was more than just an unlucky truck driver. He was a hardworking American entitled to justice in our courts."

Sen. Schumer: Democrats will filibuster Gorsuch nomination
(Democrat - New York) 03/23/17
Judge Neil Gorsuch, President Trump’s pick to serve on the U.S. Supreme Court, faced a critical blow on Thursday as Senate Minority Leader Charles E. Schumer (D-N.Y.) said he would join with other Democrats in attempting to filibuster the nomination .... “If this nominee cannot earn 60 votes — a bar met by each of President Obama’s nominees, and George Bush’s last two nominees — the answer isn’t to change the rules. It’s to change the nominee,” he said.... Schumer said that Gorsuch “was unable to sufficiently convince me that he’d be an independent check” on Trump. He said later that the judge is “not a neutral legal mind but someone with a deep-seated conservative ideology. He was groomed by the Federalist Society and has shown not one inch of difference between his views and theirs.”... Gorsuch “declined to answer question after question after question with any substance. . . . All we have to judge the judge on is his record,” Schumer said.

Sen. Klobuchar Asks Judge Gorsuch Second Round of Questions
(Democrat - Minnesota) 03/22/17
Senator Amy Klobuchar (D-MN) had another strong exchange with Judge Gorsuch during the Supreme Court hearing today on a variety of topics, including the Individual with Disabilities Education Act, Chevron deference, originalism, and judicial ethics rules.

Senator Coons: Judge Gorsuch is “what I’d call a ‘smiling Scalia’”
(Democrat - Delaware) 03/22/17
"I think it’s important to look past the personality and to really understand his framework and his approach to decision-making, because, if confirmed, he will likely be a Justice for 25-30 years."

Sen. Durbin: Gorsuch Lowered The Bar For Rights Of Students With Disabilities: Chief Justice John Roberts Releases Ruling Rebuking Judge Gorsuch During His Hearing
(Democrat - Illinois) 03/22/17
During the hearing, the Supreme Court, in an opinion authored by Chief Justice Roberts, unanimously ruled that the 10th Circuit Court of Appeals’ standard for what educational benefit a school is required to provide students with disabilities is inconsistent with the law. ... Chief Justice Roberts’ opinion specifically notes that “[w]hen all is said and done, a student offered an educational program providing ‘merely more than de minimis’ progress from year to year can hardly be said to have been offered an education at all.” According to the National Education Association’s analysis of 10th Circuit jurisprudence in IDEA cases, Judge Gorsuch established the “merely more than de minimis” standard in a 2008 opinion. “Why in your early decision did you want to lower the bar so low to ‘merely more than de minimus’ as a standard for public education to meet this federal requirement under the law?” asked Durbin. “The difference in this case is about a word. We know that words are important, and they can make a critical difference in a person’s life…The word that you inserted into the Circuit standard, when it came to these cases, was ‘merely.’ I would say most people reading that would say you have pushed the de minimus statute even further down the standard pole.”

SEN. WHITEHOUSE PRESSES GORSUCH ON DARK MONEY: Asks Gorsuch to call on his dark-money supporters to reveal themselves
(Democrat - Rhode Island) 03/21/17
Whitehouse pushed back against Gorsuch for his refusal to provide substantive answers to any questions from the Committee. “That just doesn’t do, Judge Gorsuch,” Whitehouse replied. “There are going to be questions that you will be asked to decide on the United States Supreme Court that are going to be dependent on the values you bring to this. I don’t think you can avoid talking about those values here.”

Sen. Bennet introduces Neil Gorsuch at Supreme Court nomination hearing
(Democrat - Colorado) 03/21/17
"The Senate’s failure to do its duty with respect to Judge Garland was an embarrassment to this body that will be recorded in history and in the lives of millions of Americans .... I consider Judge Gorsuch as a candidate to fill the Garland seat on the Supreme Court. And out of respect for both Judge Garland and Judge Gorsuch’s service, integrity and commitment to the rule of law, I suggest we fulfill our responsibility to this nominee and to the country by considering his nomination in the manner his predecessor deserved, but was denied.... there’s a second cloud that hangs over this confirmation hearing. It is President Trump’s reckless attacks on the judiciary.... I believe Judge Gorsuch is unquestionably committed the rule of law. Mr. Chairman, it is customary for senators to introduce nominees from their home state, and I’m not here today to take a position or persuade any of our colleagues how to vote.... I am keeping an open mind about this nomination and expect this week’s hearings will shed light on Judge Gorsuch’s judicial approach and views of the law."

Sen. Hirono Grills Gorsuch Over His Refusal to Answer Direct Questions: Presses Supreme Court Nominee on Workers’ Rights, Trump Administration Actions, Citizens United & Hobby Lobby Decisions
(Democrat - Hawaii) 03/21/17
“We’ve sat here for close to 10 hours now and you have not told us your understanding of cases already decided by the Supreme Court except to say they are law and precedent. You have not told us your view of cases currently before the court. And you will not tell us your view on issues that might someday be presented to the Court,” Senator Hirono said. “In fact, you have provided us less in the way of answers about how you would approach cases than previous nominees to the Supreme Court. So how should we divine what you would bring to the Supreme Court in terms of your judicial philosophy? By looking at your judicial record? By looking at your writings? I see a pattern that is very much on par with the Roberts Court’s steady march towards protecting corporate interests over individual rights.”

Statement of Senator Patrick Leahy (D-Vt.) Senate Judiciary Committee Hearing On The Nomination Of Neil Gorsuch To Be An Associate Justice Of The Supreme Court
(Democrat - Vermont) 03/20/17
"Because of the concerns I have about Judge Gorsuch’s judicial philosophy, the process by which he was selected, and the views of the president who nominated him, I hope, Judge, that you will answer my questions, and the questions of all Senators, as clearly as possible."

Sen. Feinstein Speaks at Supreme Court Nomination Hearing
(Democrat - California) 03/20/17
"Unfortunately, due to unprecedented treatment, Judge Garland was denied a hearing .... It is the Supreme Court that will have the final word on whether corporations will be able to pollute our air and water with impunity.... Congress relies on agency experts to write the specific rules, regulations, guidelines and procedures necessary to carry out laws we enact. These are what ensure the Clean Air Act and the Clean Water Act to protect our environment from pollution.... Judge Gorsuch’s position, were it to be adopted, would take away agencies’ authorities to address these necessary details.... if we were to dogmatically adhere to “originalist” interpretations, then we would still have segregated schools and bans on interracial marriage. Women wouldn’t be entitled to equal protection under the law. And government discrimination against LGBT Americans would be permitted."