The nomination of Judge Neil Gorsuch to the Supreme Court validates the decision of millions of Americans to vote for Donald Trump instead of Hillary Clinton. It would be difficult to find a greater contrast between the two candidates, and Americans chose to put Supreme Court choices in the hands of Trump. That should prevent a left-wing takeover of the Supreme Court – if Gorsuch (and future nominees) can be confirmed.
Gorsuch is just what Trump promised – a judge who wants to follow the Constitution rather than twisting it to conform to liberal ideology. When he said Tuesday night that he wants to be a “faithful servant of the Constitution and the laws,” he summarized the proper role of a judge. The Supreme Court exists to enforce the Constitution and laws as written, acting as their servant rather than their master.
Gorsuch’s record demonstrates that this is not merely rhetoric; he has walked the walk. He is most famous for finding that ObamaCare could not trample the religious liberty of Hobby Lobby and Little Sisters of the Poor. He has also taken a permissive attitude toward religious expression in the public square. His opinions show his devotion to that essential part of the First Amendment – a principle that Hillary Clinton was ready to throw overboard.
Judge Gorsuch has also been a critic of the concept that unelected bureaucrats should be given broad authority to interpret the laws, without strict judicial scrutiny to evaluate government regulations against the letter and intent of the law.
Gorsuch is the man we need when the Court can be expected to make crucial decisions on cases involving Obama’s unconstitutional use of executive power, protecting ourselves from terrorists and illegal aliens, rights of gun owners, and the protection of innocent life. We especially need a Court that will protect religious liberty against the assault of political correctness.
But being right is not enough to guarantee that he will soon be a member of the Court. The fact that the Senate voted unanimously to put Gorsuch on the Appeals Court has little relevance. Democratic Senators are now facing fanatical pressure from the left wing of their party. They have already caved in to that pressure by digging in their heels on the approval of cabinet members, using every delaying tactic in the book.
Defeating Gorsuch will be an even higher priority than any cabinet member. Democratic Senate Leader Charles Schumer (D-NY) predicted an all-out fight even before the nomination was made. Sen. Jeff Merkley (D-OR) has already promised to lead a filibuster, which means that 60 votes will be required. Republicans have only fifty-two senators, meaning that eight Democrats must be brought over. The major target list for those eight will be the Democrats running for reelection in states that voted for Trump. They must hear from the voters. What we do in the coming weeks will determine whether Judge Gorsuch soon becomes Justice Gorsuch.
