Monday, February 27, 2017
There are at least two letters circulating amongst law professors regarding Neil Gorsuch's nomination to Associate Justice on the United States Supreme Court.
The opposition letter, available here, stresses Gorsuch's "judicial philosophy," as, "in his own words" "focusing backward, not forward.” With references to specific cases, it argues that Gursuch lacks "the necessary commitment to independence to hold government officials accountable," that he will "undermine reproductive rights," that he repeatedly "sides with big corporations over workers' rights," that he has "undermined federal laws meant to protect persons with disabilities," and that he will hamper agencies' ability to enforce Congressional laws meant to protect environmental and health safety.
The supporting letter, available here, stresses Gorsuch's qualifications, his "fairness and integrity, his analytical rigor, and his persuasive writing." It describes him as a "scholar and a teacher" whose views fall well within the bounds of modern jurisprudence.
The supporting letter, although brief, also tackles an issue unmentioned by the opposition letter: the previous nominee's treatment. The supporting letter states:
In closing, we note how little good comes from playing politics with judicial nominations. In his 2016 Year End Report, Chief Justice Roberts asked “why any lawyer would want a job that requires long hours, exacting skill, and intense devotion – while promising high stress, solitary confinement, and guaranteed criticism.” The political gauntlet that judicial nominations have become – highlighted most recently by the Senate’s outright refusal to consider the nomination of Judge Merrick Garland, also a brilliant judge eminently qualified for the Supreme Court – underscores this concern. Nominees expose themselves and their families to the withering glare of the modern media cycle and to political fortunes unconnected to their merit for the position. Senators of both parties employ arguments to delay and block nominees of the other party’s President, only to denounce these tactics when political fortunes are reversed. Litigants who depend on the efficient functioning of the courts to see justice done ultimately pay the price.
Law Professors wishing to sign one or the other of the letters should do so quickly.
image: Donald Trump nominates Neil Gorsuch to the United States Supreme Court via.