[Congressional Record Volume 163, Number 27 (Wednesday, February 15, 2017)]
[Senate]
[Page S1179]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                       Nomination of Neil Gorsuch

  Mr. FLAKE. Mr. President, as I did last week and as I will continue 
to do until he is confirmed, I rise to support the nomination of Judge 
Neil Gorsuch to serve on the Supreme Court. Judge Gorsuch is an 
accomplished, mainstream jurist. I look forward to helping make sure he 
receives an up-or-down vote here on the Senate floor.
  After meeting with Judge Gorsuch and learning more about his judicial 
philosophy, I continue to be impressed by his humble respect for the 
law and by his commitment to service.
  Before the Judiciary Committee begins our hearings, I want to 
highlight aspects of his jurisprudence that qualify him to serve on our 
Nation's highest Court and make him an ideal candidate to fill such a 
consequential position.
  Earlier this month I spoke about his fitness to fill Justice Scalia's 
seat, as well as his respect for the separation of powers. Today I 
would like to focus on his approach to religious freedom.
  I have always supported religious freedom as a universal principle. 
It doesn't matter if we are defending our own First Amendment right to 
the free exercise of religion here at home or standing up for the 
religious freedoms of people under repressive regimes abroad, our 
country has always valued the right of individuals to practice their 
faith as they please.
  Just as religious freedom is part of our national character, it also 
provides insight into the character and judicial philosophy of a 
prospective justice. When I had the privilege of meeting with Judge 
Gorsuch last week, I asked him about his thoughts on religious freedom. 
I was struck by his ability to plainly articulate his understanding of 
the law and the Constitution. He explained his religious liberty 
opinions by telling me that he simply went ``where the law led him.'' 
His explanation was indicative of his fundamental approach to 
interpreting the law. Judge Gorsuch doesn't make the law; he follows 
the law. He reads the Constitution as the Framers understood it. He 
interprets laws the way they were written.
  Lately, our colleagues on the other side of the aisle have been vocal 
about the importance of respecting our independent judiciary. I 
couldn't agree more. They have decried the perils of discriminating on 
the basis of religious belief. Well, they are in luck. The Supreme 
Court nominee before us would be a staunch defender of independent 
courts and religious freedom. All they have to do is help us confirm 
him.
  I don't blame them for wanting to do their homework on a Supreme 
Court nominee. They should, as should we all. They will find that 
studying Judge Gorsuch's record will make for enjoyable reading.
  On the Tenth Circuit Court of Appeals, Judge Gorsuch has authored a 
number of judicial opinions respecting the fundamental principles of 
religious liberty. His most notable was a concurring opinion in the 
Hobby Lobby case. In this landmark legal case interpreting the 
Religious Freedom Restoration Act, Judge Gorsuch ruled that the Federal 
Government cannot force individuals to assist in conduct that violates 
their deeply held religious convictions. I note that this law used to 
be noncontroversial. The Religious Freedom Restoration Act was 
introduced by Senators Ted Kennedy and then Congressman Chuck Schumer. 
It was passed almost unanimously in 1993 and signed into law by 
President Bill Clinton.
  In his concurrence, Judge Gorsuch wrote: ``The [Religious Freedom 
Restoration Act] doesn't just apply to protect popular religious 
beliefs: it does perhaps its most important work in protecting 
unpopular religious beliefs, vindicating this nation's long-held 
aspiration to serve as a refuge of religious tolerance.''
  Religious tolerance--that is what our country stands for, and that is 
what Judge Gorsuch stands for. Judge Gorsuch's position was later 
vindicated by the Supreme Court. The Court agreed that it is the 
government's job to protect an individual's ability to practice their 
religion, not to instruct them on how to practice their religion.
  In closing, let me reiterate that I believe Judge Gorsuch is a 
mainstream jurist who will uphold the Constitution to ensure justice 
for all, regardless of an individual's religious beliefs or which 
administration is in power. As someone who embraces religious freedom, 
it is a privilege to support and confirm a judge like Neil Gorsuch, who 
respects this central constitutional principle. As I have said before, 
and I will say again, Judge Gorsuch deserves fair consideration by 
those who serve in this body, and he deserves an up-or-down vote on the 
Senate floor. He should be confirmed overwhelmingly, and I am confident 
he will be.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Ms. WARREN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.