Published: Thu, February 09, 2017
National | By Miranda Cannon

At CRC, groups share concerns over Supreme Court nominee

At CRC, groups share concerns over Supreme Court nominee

Senate Minority Leader Chuck Schumer emerged from a Tuesday meeting with Supreme Court nominee Neil Gorsuch unimpressed, telling reporters that the judge dodged touchy issues. That action, on behalf of Senate Republicans, angered Democrats who believed that it was a slap in the face to both Judge Garland and President Obama.

"If a the Supreme Court nominee doesn't earn 60 votes, the answer is not to change the rules, it is to change the nominee who can garner the 60 votes, because 60 votes means that it is nearly definitionally a bipartisan, mainstream nominee", Schumer said.

Senate Minority Leader Chuck Schumer of New York meets with Supreme Court nominee Neil Gorsuch on Capitol Hill in Washington, Tuesday, Feb. 7, 2017.

"We hope more Democrats will continue to join their colleagues in fulfilling their constitutional duty to offer advice and consent on the president's nominee", White House press secretary Sean Spicer said Wednesday.

"I think [filibustering Neil Gorsuch] would be dumb politically", Graham said.

Schumer also asked for Gorsuch's opinions on whether Trump's comments on voter fraud undermine democracy and what the framers intended with the Constitution's anti-bribery "Emoluments Clause", which bans presidents from receiving gifts from foreign leaders.

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SCOTUS is set to hear a case on mandatory arbitration clauses around April this year, and it is possible that Gorsuch could be confirmed by then. An opinion writer in the Boston Globe wrote that the "gravest harm" from a Gorsuch appointment would be to voting rights.

The president referred to Judge Robart, appointed by President George W. Bush, as a "so-called judge".

Schumer argued the bar for a Supreme Court nominee to prove they can be independent has never been higher, accusing President Donald Trump of showing deep contempt for an independent judiciary. The Democratic co-chairman is U.S. Rep. Josh Gottheimer of New Jersey. Few constitutionalists would quarrel with the senator on that statement, except that it is not only the most important factor "in the time of the Trump administration", but in every administration, including the Obama administration, from the agony of which we have just been delivered.

What they may find outside the mainstream is a Senate Democratic caucus acting through a filibuster to prolong the current gridlock on the Supreme Court.

In his 2010 book "The Decline and Fall of the American Republic", Sterling Professor of Law and Political Science Bruce Ackerman predicted that the president would be changed "from an 18th-century notable to a 19th-century party magnate to a 20th-century tribune to a 21st-century demagogue", noted a February 4 article in The Economist.

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