In Feinstein vs. Gorsuch, Originalism Wins

By | 2017-06-02T18:30:05+00:00 March 23, 2017|
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Neil Gorsuch is no Robert Bork—to the great chagrin of the Senate Democrats who are trying to block his confirmation to the U.S. Supreme Court.

Thirty years ago, Senate Democrats derailed Bork’s nomination, claiming the judge’s judicial philosophy of “judicial restraint” was well beyond the mainstream. Today, Democrats are looking for any reason at all to oppose the 10th U.S. Circuit Court judge’s nomination to fill the late Antonin Scalia’s seat.

True, many of our progressives are still bellyaching over Merrick Garland, the D.C. Circuit judge who had the misfortune of being named to the high court in the final year of a lame-duck presidency. That’s politics, friends. The Constitution says the Senate may “advise and consent,” not simply “nod and approve.”

Apart from the sour grapes over Garland, the case against confirming Gorsuch seems to boil down to a sharp difference of opinion about what the Supreme Court is supposed to do.

The best that Democrats on the Senate Judiciary Committee could do is accuse Gorsuch of being a constitutional “originalist.”

Well, yes. Yes, he is. So what?

California’s own senior senator, Dianne Feinstein, illustrated brilliantly this week why the “charge” of originalism is hardly a condemnation, and certainly not a reason to keep Gorsuch off the court.

Read the rest at the Sacramento Bee.

About the Author:

Ben Boychuk
Ben Boychuk is managing editor of American Greatness. He is a regular columnist with the Sacramento Bee, a weekly syndicated columnist with Tribune Media, and a veteran of several publications, including Investor's Business Daily and the Claremont Review of Books. He lives in California.
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4 Comments

  1. JamesDrouin March 23, 2017 at 3:04 pm

    “In Feinstein vs. Gorsuch, Originalism Wins”

    There was a misprint in the headline, it should have read:

    “In Feinstein vs. Gorsuch, Intelligence Wins”

    But, other than that, great article.

  2. ricocat1 March 24, 2017 at 7:22 am

    It would be poetic justice if the Originalist Judge Neil Gorsuch were confirmed using the original intent of the Constitution which requires only a simple Senate majority to confirm a Supreme Court Justice. The filibuster will need to be eliminated anyway to fill the upcoming Ginsburg, Kennedy and possibly Breyer vacancies.

  3. OdinsAcolyte March 24, 2017 at 9:19 am

    The duties of the Supreme Court are laid out in the U.S. Constitution as are the legislative and Administrative branches of government. There is no room for argument. Anybody who can read knows this.
    Apparently attorneys cannot read and that is the problem with electing such to legislative positions. Either one can read and comprehend or one cannot. When one cannot we get such great quotes as “That depends upon what “is” is.” Yeah. I will never understand the recent cycle of elections in this nation except to say so many members of the Left live in self-imposed and willful darkness.

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