Apr 032017
 

As the nomination of Judge Gorsuch for the vacant seat on the US Supreme Court continues to move forward, I find myself, as someone who generally characterizes herself as liberal and who tends to “vote blue,” torn.

Given my policy predilections there are in fact some significant reasons to favor his nomination. In particular he seems willing and able to clip the wings of government power when it tries to act beyond its authority. In light of a presidential administration that seems inclined to flex its muscles far beyond the bounds of how the Constitution permits it to, those sorts of libertarian leanings could be an important check on executive abuse, abuse that often targets liberal values.

On the other hand, although his jurisprudence on the subject is thin, miscellaneous comments he’s made about reproductive freedom make me concerned that his notion of individual liberty does not extend to a woman’s right of self-determination over her own body. Similarly, the hearings suggested that he may lack sufficient empathy for the lives his jurisprudence will touch. While I don’t generally agree that all liberal policies are necessarily a good idea, or constitutionally permissible, the intent behind them has always struck me as inherently valid and consistent with what it takes to form this more perfect union. Too much pushback against these policies, particularly when rooted in obliviousness to how Americans of differing backgrounds find themselves needing to live their lives, will not lead to liberty and justice for all.

And yet Gorsuch is educated, capable, and presumably persuadable. He is not a rabid ideologue. Thus there remains the concern for what might happen if his nomination is rebuffed and the next candidate put forth is.

It is hard to know how to counsel Democrats to proceed. There is a significant risk in rejecting him. On top of tempting an even worse candidate now, the mechanics of resistance, of pushing the filibuster and daring it to be destroyed, may remove it as an option to use against a worse candidate in the future. On the other hand, there’s no guarantee that it couldn’t be destroyed later, for that worse candidate.

Furthermore, Democrats still have two significant structural concerns about proceeding with Gorsuch’s appointment, concerns apart from qualms about his jurisprudence and that can’t simply be dismissed. Continue reading »