Low “Bar”: Gorsuch Admits Trump’s Attacks On Judges Are Probably Bad

Well, thank God.

Wait. That’s kind of sad.

That is, it says something really frightening about the degradation of American democracy when everyone is relieved to hear a Supreme Court nominee defend the legitimacy of the judiciary in a confirmation hearing. But that’s how far the “bar” (legal pun fully intended) has been lowered.

As documented extensively in these pages and exhaustively everywhere else, Donald Trump’s verbal attacks on the federal judges who dared to block his Executive Order(s) represent an existential threat to our system of governance. And in case the danger wasn’t “clear and present” enough, Trump drove the point home earlier this month when, in a Nashville rally that coincided with a Hawaii court’s move to step in just hours before a revised version of the White House’s Muslim Ban was set to take effect, the President of the United States hinted that he may just try and dissolve the 9th Circuit.

So you know, we’ll take whatever we can get these days in terms of evidence that maybe separation of powers might yet survive this administration.

That’s why it was indeed a relief when, in the second day of his confirmation hearing,  Judge Neil Gorsuch publicly stated that the President’s attacks on the judiciary were wrong. Here’s WaPo:

Judge Neil Gorsuch sought to reassure senators Tuesday that he would not be swayed by political pressure if he wins confirmation to the Supreme Court – trying to take the steam out of anticipated attacks from Democrats likely to push him to distance himself from President Trump.

Like Supreme Court nominees before him, Gorsuch dodged attempts to pin him down on the controversial cases that would come before him as a justice, and retreated frequently to the position that judges should have no views on political issues.

But under questioning, he reiterated what he had told many senators in private – that he is offended by attacks like the ones leveled by President Trump against federal judges who have ruled in the past year in cases involving him.

“When anyone criticizes the honesty or the integrity or the motives of a federal judge, I find that disheartening. I find that demoralizing – because I know the truth,” Gorsuch told Sen. Richard Blumenthal (D-Conn.).

“Anyone including the president of the United States?” Blumenthal asked.

“Anyone is anyone,” Gorsuch said.

Ok great. Thanks, Neil. Now could you please be a little more specific so we can finally rest easy about your confirmation?

Nope.

Here’s WaPo again:

Gorsuch declined, however, to comment specifically on Trump’s various critical comments about federal judges, including an Indiana-born judge of Mexican descent who handled a federal court challenge to an online university bearing Trump’s name, or the president’s recent comments about a “so-called” judge who ruled against his attempts to ban travelers from Muslim-dominant countries.

“I’ve gone as far as I can go ethically,” Gorsuch told Blumenthal.

Actually Neil, you haven’t. In fact, just by saying that you’ve taken a step back “ethically.” The “ethical” thing to do would be to say, once and for all, that you will not allow this President, or any other President for that matter, to speak ill of your goddamn profession.

But again, we’ll take what we can get.

For those interested in why old Neil definitely shouldn’t be confirmed, just ask ‘Liz…

 

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