by Jim Brosnahan, Senior Trial Counsel, Morrison & Foerster, and Author of the Upcoming Book: Trial Lawyer
The Gorsuch confirmation hearings were, even to a casual observer, a catastrophic insult to the proper selection of a justice. Even by the standard that such hearings are political and not legal events, it highlighted the current failure of the practice of the political arts. Any selection of a Supreme Court Justice with lifetime tenure is a politically sacred happening. At this time, the reckless, almost daily, unconstitutional bursts of illegal energy emanating from the White House and supported by an attorney general who missed the Constitutional Law class will present a series of clear and present fundamental legal challenges to the Supreme Court. Nothing in what now-Justice Gorsuch testified to or what the ten million dollars in TV ads supporting him said gave the slightest assurance he will uphold the Constitution against this president. In all likelihood, that set of potential constitutional issues involving executive excess is the number one potential legal challenge that will face the Court in the next year or two.
FALSE STANDARDS USED BY SENATORS
1. “He is qualified”