On the confirmation of Neil Gorsuch

On the confirmation of Neil Gorsuch

On Friday, April 7, I voted with a majority of my colleagues to confirm Judge Neil Gorsuch to the Supreme Court. It was a weighty decision; the stakes don’t get much higher than a lifetime appointment to the court of final appeal. But after reading his writings, meeting with him in person, and listening to his testimony, I can say Judge Gorsuch understands the critical, but limited, role of the federal courts in our constitutional system. I believe he will be a fine addition to the Court. And I believe Arkansans will find him to be a voice of reason who shares their common values.

There’s no denying Judge Gorsuch’s distinctive qualifications. He holds an undergraduate degree from Columbia University, a law degree from Harvard University, and a doctorate from Oxford University.

He clerked for an appellate judge as well as two Supreme Court justices. He’s had many years of experience in both private practice and public service — and, of course, over ten years on the 10th Circuit Court of Appeals. It’s no surprise, then, that the American Bar Association, in a unanimous vote, declared him “well qualified” for the job.

But, of course, Judge Gorsuch is not just filling any seat, but the seat once held by the late Justice Antonin Scalia, who inspired a generation of lawyers. Justice Scalia believed, quite rightly, that a judge’s job is to apply the law, as written, not to rewrite it altogether.

And Judge Gorsuch is a child of the Scalia generation.

He’s long advocated for and followed the originalist judicial craft—one rooted in the text, structure, and history of the Constitution. In other words, he understands that to respect the rule of law is ultimately to respect the rule of the people. Whether defending the religious liberty of the Little Sisters of the Poor or the Fourth Amendment rights of a regular household, he has shown a profound respect for the Constitution. I also think he’s demonstrated throughout his career a firm independence of thought. He’s had his influences, his mentors, his promoters, and his critics, but I believe he’ll be his own man — as he should be. Despite all of this, a radical Democratic minority tried to block Judge Gorsuch’s nomination, claiming he had to win at least 60 votes or they would refuse to shut off debate. No Supreme Court nominee has ever failed because of a partisan filibuster — not once, ever, in the 228 years of our venerable Constitution. In fact, until 2003, senators had always allowed up-or-down votes on judicial nominees of any kind. It wasn’t until a group of partisan Democrats, led by the now-minority leader Chuck Schumer, started filibustering President George W. Bush’s appellatecourt nominees that the Senate started down this path of partisan obstruction.

No senator genuinely disputed Judge Gorsuch’s eminent qualifications, his judicial temperament, and his outstanding record on the Tenth Circuit Court of Appeals. He won bipartisan support and deserved confirmation. So a majority of my colleagues and I voted to change the rules to bring the Senate back to where it always should've been: Nominees brought to the floor ought to receive an up-or-down, simple-majority vote.

Once we did, Judge Gorsuch sailed through to confirmation.

So the Senate accomplished a lot this week. It restored to a sensible, centuries-old tradition. And Judge Gorsuch became Justice Gorsuch. Not a bad week — not bad at all.

From U.S. Senator Tom Cotton