The Politicization Of The Supreme Court

In 1987, Judge Robert Bork was nominated to the U.S. Supreme Court. Judge Bork was a man of character who had a sterling record as a judge. Bork served as a Yale Law School professor, Solicitor General, Acting Attorney General, and a judge of the United States Court of Appeals for the District of Columbia Circuit. He was, however, a judge who believed in the Constitution as it was written–a problem for the Democrats. The attack on Judge Bork was without merit and brutal.

Senator Ted Kennedy, not a man of character, stated:

Robert Bork’s America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens’ doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists could be censored at the whim of the Government, and the doors of the Federal courts would be shut on the fingers of millions of citizens for whom the judiciary is—and is often the only—protector of the individual rights that are the heart of our democracy … President Reagan is still our president. But he should not be able to reach out from the muck of Irangate, reach into the muck of Watergate and impose his reactionary vision of the Constitution on the Supreme Court and the next generation of Americans. No justice would be better than this injustice.

None of this was true, but the mainstream media loved it. We can expect the same kind of inappropriate behavior by the Democrats in dealing with the nomination of Federal Appeals Court Judge Neil Gorsuch to the Supreme Court.

Breitbart posted an article today about the comments by Senator Ted Cruz on the nomination.

Senator Cruz stated:

“A decade ago, Judge Gorsuch was confirmed by this committee for the Federal Court of Appeals by a voice vote,” Cruz said. “He was likewise confirmed by the entire United States Senate by a voice vote without a single Democrat speaking a word of opposition.

“Not a word of opposition from Minority Leader Chuck Schumer,” Cruz said. “Not from Harry Reid, or Ted Kennedy, or John Kerry.”

“Not from Senators Feinstein, Leahey, or Durbin, who still sit on this committee,” Cruz said. “Not even from Senators Barack Obama, Hillary Clinton, or Joe Biden.”

“Not a one of them spoke a word against Judge Gorsuch’s nomination a decade ago,” Cruz said.

Senator Cruz also pointed out that candidate Donald Trump put out a list of the people he would nominate for the Supreme Court. That list was part of the election process, and the American people were able to consider that list when voting.

The article also reminds us:

Notwithstanding its leftist political leanings, the American Bar Association (ABA) earlier this month gave Gorsuch a “well qualified” rating to serve as a justice on the U.S. Supreme Court.

The ABA has three ratings for judicial nominees: not qualified, qualified, and well qualified. The ABA’s standing committee on the federal judiciary was unanimous in granting Gorsuch its highest rating.

Judge Gorsuch needs to be confirmed quickly. He is well qualified. His becoming a member of the Supreme Court will not impact the balance of the Court, although that should really not be a part of the deliberation.