Washington DC (Storch Report) — The sounds of bias and politics rings as true in the Senate Judiciary Committee’s process of confirming a judge for the Supreme Court as it does in the writing by the media of a news story.
As much as Judge Neil Gorsuch, the Supreme Court nominee, successfully sidestepped the Democratic Senators questions of conservative party affiliation and to get him to answer questions about politically dynamic issues such as Roe v Wade which could possibly come before him were he confirmed as a Supreme Court Judge, it didn’t stop the bias questions from flowing during the past three days with the intent of a ‘gotcha.’
Consistently, Gorsuch said “My personal views have nothing to do with being a Judge and being fair.” Or, in another way of saying it, he promised to judge the law and not make the law.
He refused to agree or disagree with what has been established as ‘precedent’ when asked about cases that have been settled, other than to say, ‘that is what it is.’
“I refuse to get involved with politics.” If I do answer these questions, ‘I am sending a signal.’ I don’t believe the judiciary should be a party of ‘judicial judgement.’
While Gorsuch behaves like a Justice being selected obviously from central casting, it cannot be ignored that at all times during this process there is an elephant in the room with him and that is President Donald J. Trump who selected him based upon the history of his political leanings, despite his statements that his job as judge ‘is not to make law but to interpret law.’
Nevertheless, it would be naive to believe that bias, or politics if you will, is not injected into the process of confirmation or the legal decisions by the judiciary once a Justice is approved.
It may appear to one that it is a strange juxtaposition to compare the confirmation of a supreme court judge to the writing of a news story.
Unfortunately there is a lot of commonality.
Do you think for one moment a journalist does not have core values as may well be true with a Supreme Court Justice?
When a Judge makes a decision do you believe those core values do not play a role in his decision in the court of justice?
Likewise when a journalist writes a story why wouldn’t the story be written and presented with his core values just as Justice might be doing the same in making a decision?
What was disingenuous in the confirmation process, was to believe that Gorsuch’s position as an ‘orginalist’ in the concept of our founders of the constitution, that politics is not intertwined with the judiciary, anymore than politics is intertwined with the media in telling a story.
The real question that was asked, ‘does justice depend upon who won the last election?’
There is no question the role the Supreme Court plays in politics, if this were not true why would a presidential election be so dependent upon the direction of a country for decades in relationship to progressiveness v conservatism?
After watching some 20 hours of what Gorsuch and family had to endure, and Sen Grasley had to excuse himself from because of his bedtime, I was impressed by Sen. Lindsey Graham’s soliloquies.
It was refreshing, humorous, positive for the party and unfortunate he didn’t use it while running for the presidency against Trump.
Whatever all of this was about -it wasn’t the economy – it was the politics.