Newsweek

Why Neil Gorsuch Must Not Be Confirmed

Donald Trump announced his nomination of Neil Gorsuch to the U.S. Supreme Court on January 31.
02_01_jurt_gorsuch_01 Source: Joshua Roberts/Reuters

This is a very hard column to write. I’m about to abandon everything I have believed for much of my life about the proper principles for federal governance. Unfortunately, too many of our political leaders did that long ago, which makes this conclusion inevitable: Federal Judge Neil Gorsuch, President Donald Trump’s nominee for the Supreme Court, must not be confirmed. Democrats must fight it to the bitter end. The preservation of the final, tattered remains of American constitutional government demands it.

This has nothing to do with Gorsuch as a nominee. On first assessment, there is no doubt he is eminently qualified, perhaps more so than several other sitting justices were at the time of their nomination. He has done it all. His legal education is first-rate, with a law degree from Harvard and a doctorate in jurisprudence from Oxford. He has seen up close how the Supreme Court works, serving as a clerk for Justice Byron White and then Justice Anthony Kennedy. For more than a decade, he has served as a judge on the U.S. Court of Appeals for the 10th Circuit, where he has gained a reputation as someone committed to the rule of law. He is a member of the federal Advisory Committee on Appellate Rules.

There was a time in history when that would have been enough. And if someone with Gorsuch’s pedigree had been nominated by, say, George W. Bush in his first term, I would be supporting Senate confirmation under Article

You're reading a preview, sign up to read more.

More from Newsweek

Newsweek7 min readPolitics
How a Social Media Post in Russia Can Land You in Jail
It was just before 6 a.m. when police officers raided Daniil Markin’s apartment in Barnaul, a small Russian city some 2,000 miles from Moscow. Markin, a film student who was 18 at the time of the July 2017 raid, had no idea why police had burst into
Newsweek3 min readSociety
Jill Soloway Reflects on 'Transparent' in New Memoir
In "She Wants It," Soloway tells the story of the hit Amazon show—from the beginning to its messy end.
Newsweek4 min readSociety
Journalist's Fearless Investigation of Mexico Massacre
Journalist Anabel Hernández has been investigating collusion between government officials and drug cartels, as well as the illicit drug trade and abuse of power, for Mexico’s biggest publications for more than two decades.