Monday, March 20, 2017
Questioning Neil Gorsuch: Our view
Monday marks the moment when supreme optimists believe they will find out in great detail how Supreme Court nominee Neil Gorsuch thinks about the law.
But if Gorsuch, a federal appeals judge in Colorado, follows the path of his predecessors, he’ll sidestep and slip artfully away from attempts by the Senate Judiciary Committee to pin him down on the important legal issues of the day.
Every nominee in recent memory, conservative or liberal, has taken the “judicial fifth,” refusing to answer meaningful questions on the grounds that it would violate the judges’ code of conduct. True, the code admonishes against speaking publicly about a “matter pending or impending” before the court. Yet that still leaves a lot of room for answers about legal questions that aren’t in litiga