Democrats wondered aloud, and loudly, whether Judge Neil Gorsuch was independent of President Trump. Well we now know that, indeed, Judge Gorsuch is his own man. Just three days ago a Washington Post story styled “Trump Blasts at Judge Raise Questions for Gorsuch on Independence” highlighted Democrats doubts. Democrats, the Post stated, challenged Judge Gorsuch “on an important but elusive issue. Is Gorsuch independent enough, they ask, to stand up to the president who picked him?” Today we received the most reassuring, and gratifying, answer. Judge Gorsuch is independent. He can think for himself and is beholden to no one. He is no lackey to President Trump.
President Trump’s criticism of the Ninth Circuit Court of Appeals over his immigration executive order led to an exchange between Judge Gorsuch and Democratic Senator Richard Blumenthal of Connecticut. According to Senator Blumenthal, Judge Gorsuch expressed that he was “disheartened” and “demoralized” by the President’s criticism. Judge Gorsuch’s spokesman confirmed the comments.
You Want Proof of Independence? – You’ve Got It
Now, we are not Supreme Court historians, so we don’t know whether any Supreme Court nominee, while his nomination was pending, ever leveled a blunter criticism of a president. But historically unique or not, Judge Gorsuch distanced himself from President Trump. Judge Gorsuch is his own man. He drew a line of independence around himself and, if confirmed, around the Supreme Court itself. And he expressed his independence in the context of a highly contested nomination process where his confirmation is not assured. He certainly cannot afford to offend (more than two) Republican senators.
This is precisely the type of “proof” that Democratic senators claimed they were looking for. Senate Minority Leader Charles Schumer had stated:
With each action testing the Constitution, and each personal attack on a judge, President Trump raises the bar even higher for Judge Gorsuch’s nomination to serve on the Supreme Court. His ability to be an independent check will be front and center throughout the confirmation process.
Minnesota Senator Amy Klobuchar had expressed, “When [Trump] attacks the independence of the judiciary, I think it does focus on the fight before us now. We want to see a nominee that is independent.” Vermont Democratic Senator Patrick Leahy expressed a similar view: “We need a nominee for the Supreme Court willing to demonstrate he or she will not cower to an overreaching executive.”
With Judge Gorsuch’s independence “front and center throughout the confirmation process” will Senator Schumer recognize and praise the Judge’s independence? Will any other Democrat? Or will he and they ignore it, or sweep it away?
Senator Schumer, through his spokesman, has already suggested that Judge Gorsuch’s criticism should go much further. “Given the President’s comments, that’s a very milquetoast response. Anyone can be disheartened, but the judge refused to condemn the comments privately or publicly.” Schumer’s comments are simply the sport of politics. Judge Gorsuch need not, and should not, go any further in his criticism. Why? Because the President of the United States may well become a defendant in the Supreme Court, and soon.
There is no question that Democrats will characterize Judge Gorsuch’s judicial philosophy as “out of the mainstream,” whatever that means. They will likely do so for anyone President Trump nominates. They are entitled to their views. But as to the critically necessary quality of independence, they received today clear proof that Judge Gorsuch has it.
Judge Gorsuch is His Own Man, That’s Clear
Judge Gorsuch was right to criticize the President. No one should sit on the Supreme Court who fails to see, and fight for, the judicial branch of government as a co-equal of the elective branches. Justices of the Supreme Court also take an oath to uphold and defend the Constitution. And Judge Gorsuch was also right to criticize the President because the political winds of war required it. And he had the courage and wisdom to do so. Judge Gorsuch is his own man. We have our proof.
Editor’s Note: Our comments should not be read as an endorsement, or not, of Judge Gorsuch. We may wade-in on that important matter at a later date.