[Congressional Record (Bound Edition), Volume 163 (2017), Part 4]
[Senate]
[Pages 5222-5223]
[From the U.S. Government Publishing Office, www.gpo.gov]




                       NOMINATION OF NEIL GORSUCH

  Mr. JOHNSON. Mr. President, I would like to use my remaining time to 
voice my strong support of Judge Gorsuch's nomination to the Supreme 
Court. Let me stress that Judge Gorsuch won my vote when I first heard 
his definition of the role of a judge. Let me quote:

       It is the role of a judge 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.

  That is the quintessential definition of the role of a judge. I met 
with Judge Gorsuch last Tuesday morning, and in that meeting he further 
reinforced my support. I asked Judge Gorsuch and voiced my concern that 
far too often we have seen judges evolve into superlegislators--
judicial activists on the court. I asked the judge: How can I be 
assured that won't happen with you? To paraphrase his response to me, 
he said: Senator, I am going to follow the law; you will not like some 
of my decisions.
  That was music to my ears. I realize there is a lot of bad law, and 
we have a judge who follows the law and applies it. Sometimes I am not 
going to like those decisions, but that is OK. That is the role of a 
judge.
  He went on to say: I am not itching to be anything other than a good 
judge. He further said that legislative power cannot be delegated. 
Judge Gorsuch gave me a great deal of confidence that he is well 
qualified and that he deserves to fill some pretty big shoes--Justice 
Scalia's seat on the Supreme Court.
  It is not just I who considers Judge Gorsuch well qualified. The ABA 
has given Judge Gorsuch their ``well qualified'' rating, which is the 
highest possible rating. Of course, Democratic Leader Schumer, in a 
Washington Post article from March 18, 2001, said: ``The ABA'S 
evaluation is the gold standard by which judicial candidates are 
judged.''
  Vice President Biden, back in 1994, talking about the ABA rating 
system said:

       I look at no other recommendation more closely. I value no 
     recommendation more highly.

  So the ABA says Judge Gorsuch is highly qualified, and I agree. Judge 
Gorsuch also has bipartisan support. I am heartened by the fact that 
three of our Democratic colleagues in the Senate have already voiced 
their support for Judge Gorsuch. Of course, President Obama's Solicitor 
General, Neal Katyal, also said:

       Judge Gorsuch is one of the most thoughtful and brilliant 
     judges to have served our Nation over the last century. As a 
     judge, he has always put aside his personal views to serve 
     the rule of law. To boot, as those of us who have worked with 
     him can attest, he is a wonderfully decent and humane person. 
     I strongly support his nomination to the Supreme Court.

  Again, that is a quote from President Obama's Solicitor General. My 
final comment has to do with the fact that this is the will of the 
American people. In my lifetime, I really cannot remember when a 
Presidential election elevated the issue of Supreme Court nominations 
to as high a level as it was elevated in this election. As a matter of 
fact, this election, point blank, elevated this particular vacancy.
  So many of my Republican colleagues said exactly what I said: It is 
so close to the election; so why don't we let the American people 
decide not only the direction of this country but the composition of 
the Supreme Court. The American people spoke. The voters in my State of 
Wisconsin spoke. They voted for the 10 electoral votes in support of 
President Trump, and they

[[Page 5223]]

voted to elect me to confirm President Trump's nominee to this Supreme 
Court vacancy.
  I believe it is our duty to listen to the voices of the voters, the 
American people, the voters of Wisconsin. I am hoping that my junior 
Senator colleague from Wisconsin will listen to the voices of Wisconsin 
voters and vote at least for cloture. Maybe you don't have to vote for 
confirmation, but let's vote for cloture so this good, fine, decent, 
humane, high-integrity, well-qualified judge--Judge Neil Gorsuch--will 
be the next Supreme Court Justice of the United States.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Colorado.

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