Gorsuch has written extensively on the role of judges’ personal beliefs and the law; and on the politicization of the judicial confirmation process. Specifically, he called out Congress for its maltreatment of Merrick Garland when his federal judgeship was before the Senate.
Moreover, Gorsuch is being sold as an honest broker, someone who values the truth and speaks it.
With this in mind, Scott Turow calls on Democrats to follow the GOP playbook and display “coordination, forethought, and disciplined deployment of their strategy,” and to ask Gorsuch questions like “Judge Gorsuch, do you still agree that Merrick Garland is among the finest lawyers of his generation?” and “Do you know of any basis, Judge Gorsuch, as you evaluate your own performance as a judge by which you are more qualified than Merrick Garland to sit on the United States Supreme Court?”
This will not prevent the GOP from forcing an approval for Gorsuch, abolishing the filibuster rule when it becomes necessary. But by playing hardball, by forcing Gorsuch himself to admit that he is being elevated to the Supreme Court through the kind of political shenanigans he has vociferously condemned, the Dems can delegitimize the process and his rulings for the rest of his career.
Here is a possible line of questioning:
Judge Gorsuch, do you still agree that Merrick Garland is among the finest lawyers of his generation?
In your opinion has Merrick Garland been an outstanding judge of the D.C. Circuit?
In your view are you a better judge than Merrick Garland?
Do you have the same length of service as Judge Garland on the appellate court? (No)
Have you, like Judge Garland, served as the chief judge of the Circuit on which you sit? (No)
Is the D.C .Circuit, commonly referred to as the second most important court in the country?
Do you know of any basis, Judge Gorsuch, as you evaluate your own performance as a judge by which you are more qualified than Merrick Garland to sit on the United States Supreme Court?
If Gorsuch is the sort of honest intellect that his supporters claim, he will be forced to concede Garland’s qualifications. For that reason, I expect Republicans will try to rule these questions about Garland somehow out of order. Democrats should stick to their guns. If blocked, they should get up and leave and boycott the confirmation process thereafter.
HOW THE DEMOCRATS CAN STOP NEIL GORSUCH
[Scott Turow/Vanity Fair]
(via Naked Capitalism)