Sitting at a plain wooden desk, Supreme Court nominee Neil Gorsuch appeared before a Senate panel. While usually the desk is draped in fabric, this bare table reflected Gorsuch’s view on the role of Supreme Court justices.
I watched a live feed where Gorsuch spoke in front of the Senate panel on the concept of judges and party affiliation by saying there is “no such thing as a Republican judge or a Democratic judge” and that he will come to decisions on rulings based solely on the law, regardless of party sides.
This is very commendable. Supreme Court Justices have no right to base court rulings on party ties or affiliation. Judges are meant to interpret the law, not to input what they believe to be right or wrong. Unfortunately, Gorsuch ultimately falls short of being an ideal Supreme Court Justice.
Because of this immense responsibility, I believe Gorsuch, President Trump’s choice for justice, is underplaying the role and the effect Supreme Court justices have on this country. While I too think justices need to act on current law and not on party affiliations, I believe Supreme Court justices occupy more than a “modest station ... in a democracy,” as Gorsuch said in front of the Senate panel.
Variances exist in how one can interpret laws and the Constitution. The American legal system is not completely black or white. Gray areas exist in both new legislature and in cornerstones of the American justice system like the Constitution.
These differences of legal interpretation do in fact lead to justices who have a voting history similar to either Democratic or Republican party lines. This can be seen currently in our Supreme Court and also in past configurations.
Currently, after the death of Supreme Court justice Antonin Scalia, there are four justices who tend to vote toward Democratic ideals, and four justices vote towards Republican ideals.
For this reason, the looming Supreme Court Justice appointment will play a huge role in the future of the United States.
At an even split between left- and right-leaning justices, whoever fills Scalia’s empty seat will likely be the final push for 5-4 rulings.
So far, Gorsuch has kept his views on how he will handle certain social and economic issues close to his chest, but he will likely push the balance of the Supreme Court back to 5-4 rulings on conservative topics. Politico goes so far as to call him the “favorite of legal Conservatives.”
Democrats forced a delay in the voting Monday, and Sen. Chuck Schumer, D-New York, announced he will filibuster the nomination. Gorsuch now requires 60 votes instead of 51 to be appointed.
While clearly Gorsuch’s appointment is not 100 percent certain, it is very likely to happen. If Gorsuch fails to attain the 60 votes needed after a filibuster, Republicans do have the option of reversing the effects of the filibuster.
If Gorsuch wins the upcoming Senate vote, I hope he fully understands the responsibility and influence he will have on the nation. A lifetime appointment to the highest court in the U.S. is nothing to downplay.
sareynol@umail.iu.edu
