[Congressional Record Volume 163, Number 17 (Wednesday, February 1, 2017)]
[Senate]
[Page S549]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                       NOMINATION OF NEIL GORSUCH

  Mr. THUNE. Madam President, last night President Trump announced the 
nomination of Judge Neil Gorsuch to the Supreme Court. He will fill the 
spot left vacant by the death of Justice Antonin Scalia.
  Justice Scalia left a profound mark on our judicial history. He had a 
brilliant mind, a ready wit, and a vivid and colorful writing style 
that made reading his decisions not only illuminating but enjoyable. 
But most importantly, Antonin Scalia had a profound respect for the 
rule of law and the Constitution. He knew that he was a judge, not a 
legislator, and his job was not to make the law but to interpret the 
law. That is exactly what he did.
  For 30 years, Justice Scalia ruled on the plain meaning of the laws 
and the Constitution. His politics, his personal opinions, his own 
feelings about a case--none of those was allowed to play a role in his 
decision. He asked what the law said, what the Constitution said, and 
he ruled accordingly, even when he didn't like the result. Justice 
Scalia once said:

       If you are going to be a good and faithful judge, you have 
     to resign yourself to the fact that you're not always going 
     to like the conclusions you reach. If you like them all the 
     time, you are probably doing something wrong.

  Needless to say, Justice Scalia left some big shoes to fill. But 
after learning a little about Judge Gorsuch, I have to say that if 
anyone can come to fill them, I think Judge Gorsuch can. Like Justice 
Scalia, Judge Gorsuch has a brilliant mind. He shares Justice Scalia's 
gift for the written word. The Washington Post noted the many people 
``who have praised Gorsuch's lucid and occasionally lyrical writing 
style.'' Slate called Judge Gorsuch's writing ``superb, incisive, 
witty, and accessible.''
  But most importantly, like Justice Scalia, Judge Gorsuch understands 
the role of a Supreme Court Justice. He knows that a Justice's job is 
to interpret the law, not write it. In a speech last year, Judge 
Gorsuch said the following: ``Perhaps the greatest project of Justice 
Scalia's career was to remind us of the differences between judges and 
legislators.''
  Understanding those differences is indispensable. Brilliance, 
eloquence, learning, compassion--none of those things matter if you 
don't understand the proper role of the Supreme Court. That role is to 
interpret the law, not make the law--to judge, not legislate; to call 
balls and strikes, not to try and rewrite the rules of the game.
  It is great to have strong opinions. It is great to have sympathy for 
causes or organizations. It is great to have plans for fixing society's 
problems. But none of those things has any business influencing your 
ruling when you sit on the Supreme Court. Judge Gorsuch understands 
this. That is why I trust him to sit on the Supreme Court.
  When Judge Gorsuch was nominated to the Tenth Circuit Court of 
Appeals 10 years ago, he was confirmed by a unanimous vote here in the 
Senate. You can't really get a more bipartisan confirmation than that. 
At the time, then-Senator Ken Salazar, a Colorado Democrat who later 
became Interior Secretary under Obama, noted that Judge Gorsuch ``has a 
sense of fairness and impartiality that is a keystone of being a 
judge.''
  Given the wide respect in which Judge Gorsuch is held, his 
outstanding record, and his previous overwhelmingly bipartisan 
confirmation, I am hopeful that his nomination will move quickly 
through the Senate. Senate Democrats have spoken a lot about the need 
to fill the ninth seat on the Supreme Court. Now is the chance.
  I congratulate Judge Gorsuch on his nomination, and I look forward to 
seeing him confirmed to the Supreme Court.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Ms. COLLINS. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.