Next week’s hearing will not only focus on Gorsuch’s legal credentials; it will also emphasize his impeccable character and his principled approach to judging. Gorsuch’s opinions show that he understands the proper role of a judge in our Constitutional system, and he frequently supports his reasoning with reference to fundamental constitutional principles. Instead of manipulating the law to achieve particular policies or outcomes he favors, he tries to harmonize the law with the understanding of those who originally wrote and passed it. Through this impartial approach, Gorsuch has shown respect for the democratically elected branches of government and the constitutionally prescribed separation of powers.
Notwithstanding Gorsuch’s superb qualifications and principled approach to judging, Democrats and their liberal allies strain mightily to find plausible grounds to oppose his nomination. They misread his opinions, misstate his reasoning, and in general paint a picture of a man who simply does not exist. Unfortunately, we can expect more attempts to misrepresent Gorsuch’s record during his confirmation hearing. In particular, we can expect to hear over and over again the false and frankly ridiculous claim that Gorsuch is outside the “judicial mainstream.”
Do not be deceived by progressives who say Gorsuch is outside the mainstream. Democratic Senators who push this specious claim are really just voicing their frustration that Gorsuch’s decisions will not always align with liberal policy goals. That’s because, much to liberals’ chagrin, Gorsuch’s approach to judging focuses not on politics but on the meaning of the law. In other words, he says what the law is — not what Democrats want it to be.