Gorsuch's big fat lie - By E.J. Dionne Jr.
By E.J. Dionne Jr. Opinion writer March 22 at 7:39 PM
With a shrewdly calculated innocence, Judge Neil Gorsuch told a big fat lie at his confirmation hearing on Tuesday. Because it was a lie everyone expected, nobody called it that.
Theres no such thing as a Republican judge or a Democratic judge, Gorsuch said.
Gorsuch, the amiable veteran of many Republican campaigns, is well-placed to know how serious a fib that was. As Sen. Al Franken (D-Minn.) noted, President Trumps nominee for Merrick Garlands Supreme Court seat actually received a citation for helping win confirmation for Republican-appointed judges.
We now have an ideological judiciary. To pretend otherwise is naive and also recklessly irresponsible because it tries to wish away the real stakes in confirmation battles.
The best scholarship shows an increasingly tight fit between the party of the appointing president and how a judge rules. Its a point made in The Behavior of Federal Judges , by Lee Epstein, William Landes and Judge Richard Posner, and also in research by Neal Devins and Lawrence Baum.
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