Due to the unfortunate passing of Justice Scalia in February of 2016, the United States Senate recently began confirmation hearings for President Trump’s pick to take his seat on the Supreme Court—Judge Neil Gorsuch of the 10th Circuit.
Judge Gorsuch has received almost universal acclamation from those on the Right. He is admired for his even temperament, his common sense, his dedication to originalism and textualism, and his belief that judges shouldn’t employ an “outcome based” judicial activism. Despite being unanimously confirmed to his post on the 10th Circuit by the Senate in 2006, the Left is now opposing his nomination in a familiar, and largely unimaginative way.
Senator Chuck Schumer of New York, the new Senate Minority Leader, is leading the charge. Sen. Schumer attacks Judge Gorsuch on his judicial record, highlighting cases where the Judge refused to employ progressive judicial activism to reach a result he may have preferred, but that the law did not allow on its face. How dare the Right nominate a person who has made legally-correct decisions that had “negative real-life implications?” Sen. Schumer, and others on the Left, reason that if Judge Gorsuch does not share a penchant for “social justice” and “socioeconomic empathy,” he must be unfit for the Supreme Court.
In an article recently published in the Washington Post, Professor Brian Leiter of the University of Chicago Law School goes further, arguing that we should view the Supreme Court as nothing but a super-legislature. He states that the job of the Supreme Court . . .
Read more at:
https://www.cameronkinvig.com/single-post/2017/03/21/The-Supreme-Court-is-Not-a-Super-Legislature
