by Adam Kenworthy, Chapter Chair of ACS Iowa Lawyer Chapter
It is easy to get distracted right now by the overwhelming pace of the news cycle. And as attorneys and ACS leaders, it is hard to figure out exactly where to focus one’s attention at any given time. However, it is important for all of us who are committed to serving the larger principles of our system not to underestimate where we are at this pivotal moment, and how tenuous our system really is. And as attorneys, we need to recognize our role as advocates and strategists, and how these roles can help to provide balance and expertise where it is needed most.
This past week Judge Gorsuch’s confirmation hearings began--among other things--and groups like ACS tried to help draw attention to this process. Many respected attorneys and scholars have put forth sound arguments why Judge Gorsuch’s positions are too extreme for the Court and why he should not be confirmed. But the real issue that needs to be addressed is the corruption of the process itself.
Last year when Senate Republicans refused to hold confirmation hearings for Merrick Garland, based on their reasoning that the Constitution should apply differently to President Obama, a line was crossed that cannot be redrawn. Senate Republicans believed they had to burn down the institution in order to save it--at least to preserve it for their own short-term political calculation. And in making that determination, the first time in American history, the party of supposed conservative originalists, decided to abandon text and tradition in order to meet their short-term political goals.
The tactic worked, but at what cost?