How Screwed Is Judge Gorsuch Over These Trump Comments?

What I Learned From Clerking For Judge Gorsuch

Gorsuch Launches Charm Offensive On Capitol Hill

The president, not one to let a slight go unanswered, used Twitter to hit back at Sen.

The two spoke because the senator sits on the Senate Judiciary Committee, which will question the judge before he has admitted to the Supreme Court as Mr Trump's nominee. Citing the text of the Immigration and Nationality Act, the legislation he claims gives him the unreviewable power to do what is best for national security, he sneered at the judges: "A bad high school student would understand this".

The order, the most divisive act of Mr Trump's three-week-old presidency, sparked protests and chaos at United States and overseas airports. In The Washington Post, Jason Murray, who clerked for both Gorsuch and Justice Elena Kagan, asserts that "both my former bosses share a profound commitment to the rule of law", which "means that all litigants before them are treated evenhandedly, and that the cases they hear are judged only on the strength of the legal arguments, without regard to partisan politics".

Actually, it doesn't matter much which version is correct: Gorsuch was reacting to Trump's objectionable comments the way any responsible judge would.

For all that noise, though, here's a stubborn fact: The president's choice for the high court is overwhelmingly likely to be confirmed. By acting like a court.

That three-judge federal appeals panel is due to deliver its verdict later this week.

" In 1861, Chief Justice Roger Brooke Taney said only Congress, not the president, could suspend habeas corpus, despite President Abraham Lincoln having done so at the beginning of the Civil War".

Judge Neil Gorsuch... who might remain Judge Neil Gorsuch at this rate.

"The only way that Judge Gorsuch was able to demonstrate his independence as a jurist was by asserting it himself", Schumer wrote. Gorsuch's record has been to defer to that kind of executive authority, whether exercised by police officers or a state's governor, and not to question it as a judge or allow other judges to do so.

A seat for life on the Supreme Court can shape how cases are decided and rights are protected, or lost, for decades.

In a Thursday statement, Kelly Ayotte, the former Republican senator from New Hampshire who is leading the effort to help confirm Gorsuch, said the judge "made it very clear in all of his discussions with senators, including Senator Blumenthal, that he could not comment on any specific cases and that judicial ethics prevent him from commenting on political matters". Paul Cassell, a University of Utah law professor who served as a federal district judge from 2002 to 2007, who nominated by President George W. Bush said he believes Trump "stepped over the line" in his criticism of Robart. I asked him about the "so-called judges" comment because we don't have' so-called judges' or so-called presidents or so-called senators.

He said Gorsuch was "non-committal" about publicly criticizing the attacks, "and that's one reason why I remain deeply concerned about this nomination".

Trump's spat with Blumenthal overshadowed a meeting with senators that was aimed at trying to build support for Gorsuch. And look at that squirrel over there!

Senator Heidi Heitkamp said after meeting with Mr Gorsuch that they had "a thorough conversation about the importance of the rule of law and of a judiciary that is independent of the executive and legislative branches of government".

Generally, however, the president gets his way, and generally the Senate applies few ideological tests.

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