[Congressional Record Volume 163, Number 49 (Tuesday, March 21, 2017)]
[Senate]
[Pages S1860-S1861]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NOMINATION OF NEIL GORSUCH
Mr. BLUNT. Mr. President, I am here today to discuss the nomination
of Neil Gorsuch to serve on the U.S. Supreme Court. So far this year,
we have heard that it is too early to do everything, that the process
of putting the President's Cabinet in place, which took longer than any
administration since George Washington and is still not completed, was
somehow too early. We heard that every single nominee was being handled
too quickly, even though every previous President since the first
President has managed to have a Cabinet confirmed by the Senate quicker
than this one.
Clearly the process going on right now--hours of questioning
beginning today for Judge Gorsuch, who has a 10-year record as an
appeals judge on the Tenth Circuit, where all of the other judges in
the district courts under the Tenth Circuit's jurisdiction see their
cases go to be appealed.
The Supreme Court is ``distinctly American in concept and function,''
according to Chief Justice Charles Evans Hughes, and there is, frankly,
nothing quite like it in any other constitutional government. It is a
Court that was supposed to be part of this very unique at the time idea
of a government that was so finely balanced that it would run itself, a
machine that was so finely balanced that it didn't take a King, it
didn't take the intervention of somebody to decide who would be the one
person who would run the country.
The Supreme Court--the only Court mentioned in the Constitution--is a
uniquely American court. In the history of the country, only 112 people
have had the honor to serve on the Supreme Court. On the last day of
January, President Trump nominated Judge Neil Gorsuch of the U.S. Court
of Appeals for the Tenth Circuit to be one of those unique individuals
who get to serve on this Court, to be an Associate Justice on the U.S.
Supreme Court.
Since his nomination, he has visited individually with a significant
majority of Members of the Senate. I think he has had 70 visits with
Members of the Senate in their offices. Many of my colleagues on the
other side--several of whom I will mention in a minute--voted for Judge
Gorsuch to have the job he currently has. Many of my colleagues on the
other side of the aisle left their meetings with Judge Gorsuch
impressed by his character, by his intellect. Here is what just a
couple of our colleagues on the other side said:
``He did a very good job in the meeting with me. He presents himself
very well.''
Another one of our colleagues said: ``He's a very caring person, and
he's obviously legally very smart. . . . I think we are dealing with
someone who is impressive.''
Another one of our colleagues said they ``had a thorough conversation
about the importance of the rule of law and of a judiciary that is
independent of the executive and legislative branches of government.''
As more Senators had a chance to meet Judge Gorsuch, they came to see
him as an independent-minded judge who has a deep appreciation for the
law and a real understanding of what a judge should do.
It was mentioned earlier that the judge should be required to talk
about how he would rule on individual cases. Of course not. In fact,
Ruth Bader Ginsburg, who is on the Court now, was very strident before
the committee in pointing out that it would be wrong for a judge to
explain how they would judge an individual case. She said that if a
judge did that, a judge would actually have to recuse themselves, in
her opinion, from the case, and others on the Court today have all said
similar things when asked the kinds of questions that the minority
leader just said that Judge Gorsuch would have to answer if he was
going to be confirmed to the Court. If that was the test, there would
be nobody on the Court today, and if that was the test, none of the 112
people who have served on the Court
[[Page S1861]]
would have, in all likelihood, passed that test.
When I had a chance to visit with Judge Gorsuch, it was clear that he
understood the proper role of a judge. The role of a judge--the job is
to adhere to the Constitution, to apply the rule of law, and not to
legislate from the bench.
When he was nominated by President Trump, Judge Gorsuch said:
It is for Congress and not the courts to write new laws. It
is the role of judges to apply, not alter, the work of the
people's representatives. A judge who likes every outcome he
reaches is very likely a bad judge, stretching for results he
prefers, rather than those the law demands.
What does that mean? How would a person reach a conclusion they
didn't like and that is what makes them a good judge? Well, a good
judge reads the law, reads the Constitution, and applies the law. A
good judge doesn't try to determine what the Constitution and the law
should say but only has the job of determining what the Constitution
and the law do say.
Justice Scalia--the vacancy Judge Gorsuch will fill--according to
Justice Scalia, setting aside personal views is ``one of the primary
qualifications for a judge''--not determining what you would like to
happen but determining what the law and the Constitution say has to
happen. I think Judge Gorsuch understands that.
He comes to the Court very well prepared. He is a graduate of
Columbia University, Harvard Law School, and Oxford University. His
academic credentials are unrivalled in preparation for this job. He
served his country admirably as a Supreme Court Justice clerk for
Justice Byron White, who was appointed to the Court by President
Kennedy and confirmed by the Senate, and Justice Anthony Kennedy, who
was appointed to the Court by President Reagan. Judge Gorsuch served as
the Principal Deputy Associate Attorney General, and then in 2006,
President George W. Bush nominated him to serve on the Tenth Circuit
Court of Appeals. The Senate confirmed his nomination unanimously by a
voice vote. There are 12 Democrats currently serving in the Senate who
were then in office and supported Judge Gorsuch's nomination 10 years
ago to the job he has today.
In the decade Judge Gorsuch has served as a circuit court judge,
reviewing the work of other Federal judges on appeal, he has
demonstrated the integrity, professional qualifications, and judicial
temperament to serve on the Nation's highest Court.
Judge Gorsuch said recently that judges are not politicians in robes.
It is not the job of a judge to determine what the law is or should be;
it is the job of a judge to determine what the law is. The job of a
judge is to determine what the Framers intended the Constitution to
say.
Judge Gorsuch received high praise from legal experts across party
lines. He has gotten the highest level of recommendation from the
American Bar Association, unanimously rating him as ``well qualified,''
its highest rating. He is respected by people who know him in his
community. He has really dedicated himself to a lifetime of service
that prepares him for this job.
The Supreme Court is one of the foundational institutions of our
country. It is designed to protect our democracy and is designed to
really understand and apply the Constitution and the law so that the
rule of law is uniquely dependable in the United States of America.
If you are a citizen and you read the law and you understand what the
law says, that should get you a long way toward success before the
courts and ensures that in this country, the rule of law matters. The
ultimate determiner of what the law says is the Supreme Court.
I think Judge Gorsuch will serve well and I hope long on the Court. I
believe that in the next couple of weeks, he will join the Justices,
one of whom he clerked for. If that happens, he will be the first
person in the history of the country to be sitting as an Associate
Justice with another Associate Justice who decades earlier he was the
law clerk for when he and Associate Justice Kennedy had an opportunity
to serve together.
With that, I notice my colleague from Iowa is here, and I yield the
floor.
The PRESIDING OFFICER. The Senator from Iowa.
Mrs. ERNST. Mr. President, I rise today to praise President Trump for
selecting an eminently qualified nominee in Judge Neil Gorsuch to be an
Associate Justice of the U.S. Supreme Court. No one can dispute the
academic credentials and intellectual rigor of Judge Gorsuch. In fact,
even a former Acting Solicitor General under President Obama, Neal
Katyal, called Judge Gorsuch ``one of the most thoughtful and brilliant
judges to have served our Nation over the last century.'' Just
yesterday, he joined the Republican and Democratic Senators from
Colorado in introducing Judge Gorsuch at his confirmation hearing
before the Senate Judiciary Committee.
Judge Gorsuch graduated with honors from Columbia University and then
Harvard Law School. He later earned a doctorate in legal philosophy
from the University of Oxford. Prior to becoming a judge, Neil Gorsuch
was Principal Deputy to the Associate Attorney General and Acting
Associate Attorney General at the Department of Justice, worked as a
litigator in private practice, and served as a law clerk to Supreme
Court Justices Byron White and Anthony Kennedy. Moreover, earlier this
month, the American Bar Association's Standing Committee on the Federal
Judiciary rated Judge Gorsuch ``well qualified,'' its highest rating.
One of my constituents who went to high school with Judge Gorsuch
took the time to send me a note in support of his character, calling
him ``the most reasonable, smart, principled, kind, and humble person I
know.'' Even at a young age, he made a positive impression on his
colleagues--something he has continued to do today.
During the course of Judge Gorsuch's 10-year judicial career, his
opinions have reflected not only his outstanding legal acumen but also
his respect for the Constitution and his Scalia-like ability to explain
his decisions.
Judge Gorsuch was nominated to his current position on the U.S. Court
of Appeals for the Tenth Circuit by President George W. Bush in
2006. As a testament to Judge Gorsuch's exceptional credentials, the
Senate confirmed him by unanimous voice vote. Several current Members
of the Senate from both parties, including Minority Leader Schumer,
supported Judge Gorsuch's confirmation. The people spoke last November,
and our new President has put forward a well-respected nominee whom the
Senate has previously confirmed with unanimous support. It is time for
Washington to work together as our constituents expect us to do, to
help protect and defend our coequal branches of government and the rule
of law. If confirmed, Judge Gorsuch's dedication to interpreting the
text of the Constitution and statutes as they are written rather than
attempting to legislate from the bench will help to do just that.
As Judge Gorsuch himself has stated in one of his opinions: ``A judge
who likes every result he reaches is very likely a bad judge, reaching
for results he prefers rather than those the law compels.''
I have had the great honor of meeting with Judge Gorsuch to learn
more about his judicial philosophy, and over the next few days, the
American people will also get to learn more about Judge Gorsuch through
his confirmation hearing. I am confident they will also determine he is
qualified to serve on our Nation's highest Court. I look forward to
moving ahead to fill the Supreme Court vacancy with this eminently
qualified nominee, and I thank him for his willingness to serve his
country in this critically important role.
Thank you, Mr. President.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. BARRASSO. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
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