People For the American Way

Gorsuch’s Hollow Rationale For Evasion

News and Analysis
Gorsuch’s Hollow Rationale For Evasion
Donald Trump and Neil Gorsuch

Throughout his confirmation hearing so far, Judge Gorsuch has bobbed and weaved around every attempt to get at the most important issue: his approach to judging.  He won’t give even a hint on how he would have ruled in cases that the Supreme has already decided, whether recently or long ago.

His explanation:  If he gives his opinion on an already-decided case, he’ll be seen as having pre-judged subsequent cases building off the already-decided one.

Under this reasoning, once the Supreme Court issues an opinion—revealing how each justice voted and analyzed the case—then all the justices have pre-judged all future cases building off of that one case.

It’s ridiculous and should be condemned as such.