Mr. President, we heard famously that elections have consequences, and over the next few days we will have an experiment in what I call ``the physics of politics.'' For every action, there is an equal and opposite reaction. If the…
Mr. President, we heard famously that elections have consequences, and over the next few days we will have an experiment in what I call ``the physics of politics.''
For every action, there is an equal and opposite reaction. If the Democrats use for the first time a partisan filibuster of a Supreme Court nominee, we will have an equal and opposite reaction. An unprecedented action is going to evoke an unprecedented reaction.
Neil Gorsuch deserves to be confirmed, and I want to share for the next few minutes why. For more than 2 months since the nomination was first announced, we have seen that Judge Neil Gorsuch possesses the qualifications and the temperament to serve as our next Supreme Court Justice.
While all nominations carry enormous responsibility, this is arguably the most important position we are tasked with filling. We need someone who is extraordinarily qualified, someone who will respect the foundation of our country, someone who has the mental resilience to stay above the political fray. Some of my friends on the left have called Judge Gorsuch unqualified, too conservative, and someone who is simply not in the judicial mainstream.
Judge Gorsuch started his legal career by earning degrees from not one, but two Ivy League schools--Columbia University for his undergrad, Harvard Law for his juris doctor, graduating cum laude. Even as a Marshall Scholar, he earned a doctorate degree from Oxford. When one takes into account these extraordinary educational achievements, it would be simply incomprehensible that anyone would consider him unqualified.
His record on the bench is just as impressive. We have heard these numbers so many times that we sometimes just gloss or glaze over these numbers, but these numbers are powerful indicators of how successful he has been as a judge. Out of nearly 2,700 cases, Judge Gorsuch has been overruled only twice--98 percent of his opinions were unanimous, further proving that he falls exactly square in the judicial mainstream. He has received ``well qualified,'' as my Senator from Arkansas just stated a few minutes ago, from the American Bar Association, the highest rating available for a Supreme Court Justice.
Judge Gorsuch is also not new to the nomination process. Just a few years ago, in 2006, Judge Gorsuch was unanimously confirmed by the U.S. Senate to the Tenth Circuit.
Let me say that one more time because so seldom do we see the Senate acting in a unanimous fashion. This, perhaps, is a moment of reflection that Judge Gorsuch, in just 2006, received a unanimous vote for the Tenth Circuit. Every single Democrat who was serving in the Senate at that time voted in support of Neil Gorsuch, including 12 Members who are still serving in this Chamber today. His bipartisan support has not stopped there.
Senator Bennet from Colorado says that Judge Gorsuch represents the best qualities of Colorado and that we need to fulfill our responsibility to this nominee.
Senator Donnelly, from Indiana, has said: ``I believe he is a qualified jurist who will base his decisions on his understanding of the law and is well respected among his peers.''
From West Virginia, Senator Manchin acknowledged that, while he may not agree with future decisions that will be made by Judge Gorsuch, he also said, without question, that he has ``not found any reason why this jurist should not be a Supreme Court Justice.''
Senator Heitkamp, from North Dakota, said, during her meeting with our Supreme Court nominee, that Judge Gorsuch reinforced the importance of a judiciary that remains independent from the executive and the legislative branches of government.
Neal Katyal, the former Acting Solicitor General under President Obama, said of Gorsuch that he is a first-rate intellect and a fair and decent man. The judge's work reflects his dedication to the rule of law.
Last month, throughout his 3-day confirmation hearing, Judge Gorsuch provided detailed and thoughtful responses that should have answered every concern from committee members. As I watched, I was incredibly impressed with his depth of knowledge, his genuine demeanor, and his obvious respect for the rule of law. He understands that his job is not to make the law. Let me repeat that because this seems to be an unusual experience--at least it has been for me--to hear that a judge understands and appreciates that his job is not to make the law, that his job is not to alter the law but, as he expressed time and again, that he is committed to interpreting the law as it is written.
One of his most memorable comments from his hearing has left a lasting impression on me, and I hope it does on you as well.
He said:
A judge who likes every result he reaches is very likely a
bad judge, reaching for results he prefers rather than those
the law compels.
In one sentence, Judge Gorsuch eloquently summarized what we should expect from our Supreme Court Justices, and it also gives insight into how he intends to serve once confirmed.
After his extensive and exhaustive hearing, we clearly see, beyond a shadow of a doubt, that this man is more than qualified for the appointment. Any argument to the contrary is based purely on political opposition.
Today, the Senate stands on the verge of breaking historical precedence. We have let political disagreements get in the way of a judicial seat--a nomination that should stand far above political rancor.
A year ago, Judge Gorsuch was serving on the U.S. Court of Appeals for the Tenth Circuit. He had no idea that he would find himself in the midst of a partisan battle. There is no question that this man has led an exemplary life and deserves a fair vote.
We are, simply, asking for a fair vote--a vote. Let us move past these political games and confirm a man who has earned this position, with a nearly flawless record, as one of the brightest judicial minds our country has to offer.
I suggest the absence of a quorum.