Why Liberals Should Back Neil Gorsuch

Neal Katyal is a former Obama Acting Solicitor-General. He writes in favour of the nomination of Neil Gorsuch:

I am hard-pressed to think of one thing President Trump has done right in the last 11 days since his inauguration. Until Tuesday, when he nominated an extraordinary judge and man, , to be a justice on the .

So no Trump fan.

But if the Senate is to confirm anyone, Judge Gorsuch, who sits on the United States Court of Appeals for the 10th Circuit in Denver, should be at the top of the list.

I believe this, even though we come from different sides of the political spectrum. I was an acting solicitor general for President Barack Obama; Judge Gorsuch has strong conservative bona fides and was appointed to the 10th Circuit by President George W. Bush. But I have seen him up close and in action, both in court and on the Federal Appellate Rules Committee (where both of us serve); he brings a sense of fairness and decency to the job, and a temperament that suits the nation’s highest court.

High praise.

I, for one, wish it were a Democrat choosing the next justice. But since that is not to be, one basic criterion should be paramount: Is the nominee someone who will stand up for the rule of law and say no to a president or Congress that strays beyond the Constitution and laws?

I have no doubt that if confirmed, Judge Gorsuch would help to restore confidence in the rule of law. His years on the bench reveal a commitment to judicial independence — a record that should give the American people confidence that he will not compromise principle to favor the president who appointed him.

That is what you want.

The Democrats will be foolish if they filibuster to stop a vote. Then the Republicans will change the rules so only 50 votes is needed. And then if there is another vacancy on the Supreme Court, Trump will not need to nominate someone who can get 60 votes,but instead someone who can just get 50. They should save their opposition for the next vacancy.

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