EDITORIAL: Win or lose, Gorsuch is well qualified
For once, Trump's penchant for hyperbole was on the mark when he stated the
However, that bipartisan backing -- a unanimous voice vote when confirmed for the appellate court -- is a thing of the past, just as it was when President
Senate Minority Leader
Trump has urged
Gorsuch, 49, is the son of
Gorsuch, a
He would tilt the court back to a conservative majority, although Kennedy occasionally goes off the reservation, notably on abortion and gay rights issues. For that matter, Scalia frequently diverged on privacy and free speech, but not in regard to abortion or gay rights. ("If we cannot have moral feelings against homosexuality, can we have it against murder?" Scalia asked.)
Originalists are committed to the original meaning of the
Our problem with interpreting the words of the
The latter fact gave Southerners -- frequently slave owners -- a pre-Civil War grip on the presidency. Before
The Civil War resolved some issues on the battlefield the Framers didn't address. As
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Yet Scalia held firm "the whole theory of democracy ... is that the majority rules. ... You protect minorities only because the majority determines that there are certain minority positions that deserve protection. ... The minority loses, except to the extent that the majority, in its document of government, has agreed to accord the minority rights."
Like Scalia, Gorsuch is known for his support of religious liberties, most notably as part of the 10th Circuit's decision in the
Gorsuch has been critical of social activists turning to the judiciary to achieve goals rather than legislatures. He also has taken aim at regulations written by federal bureaucrats he believes go beyond the extent of the legislation as written, while Scalia often showed deference.
Gorsuch has not ruled on abortion. Those looking for tea leaves cite his book, "The Future of Assisted Suicide and Euthanasia," in which he supported "the idea that all human beings are intrinsically valuable," but without stating when he believes life begins.
We have no idea about Gorsuch's beliefs on libel law, which Trump has advocated "opening up" during his media broadsides. Senators would do well to question him on that, as well as his stance on executive orders, which
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