Skip to main content

Blumenthal’s Potemkin Village Objections to Gorsuch


At the end of March, U.S. Senator Dick Blumenthal announced in a Hartford Courant Op-Ed column that he “will vote against the nomination of Judge Neil Gorsuch as United States Supreme Court Justice.”

His reasons for doing so do not bear close examination, but they correspond neatly to the reasons offered by other Democrats, demonstrating perhaps that Blumenthal is a reliable Democratic Party soldier who comes when he’s called and goes when he’s ordered to do so by U.S. Senator Chuck Schumer, the unacknowledged propaganda chief of  the party. Had Hillary Clinton won the presidency in her contest with Donald Trump, whose ideology is blurry, Blumenthal would be taking his marching orders from Mrs. Clinton. Alas, as the poet tells us, “the best laid plans of mice and men are often torn asunder.” Mr. Trump was elected President, the House and Senate were lost to Republicans, and Democrats have been choking on bile ever since.


Mr.  Blumenthal wrote that he had made his decision “after questioning him [Judge Gorsuch] extensively at the Judiciary Committee hearing, reviewing his record, and deliberating carefully and deeply. It is one of the most important votes I will ever cast.”

On this last point, Blumenthal may be right: his decision to obstruct, but not successfully block, the nomination of Mr. Gorsuch really is one of the most important votes he has ever cast. So then, shall we examine, deliberately and carefully, the reasoning that led to Mr. Blumenthal’s "No" vote?

The Gorsuch nomination will not be blocked, and after all the weeping and wringing of hands on the part of Senate Democrats, many of whom were grievously wounded by a Republican decision to postpone a vote on former President Barack Obama’s choice for a justice to replace the deceased former Justice Antonin Scalia, Judge Merrick Garland, Mr. Gorsuch will be seated on the high court. Political strategies motivated chiefly by resentment are rarely successful in the long run, and in the short run, scratching a resentment itch is only temporarily satisfying.

Mr. Blumenthal first described the “backdrop” against which his vote against Mr. Gorsuch made sense: “Trump's disrespect for the judiciary was demonstrated by how he selected his nominee. He promised a litmus test — a nominee who would ‘automatically’ overturn Roe v. Wade, strike down gun violence prevention measures and be of a ‘conservative bent.’ He outsourced the selection process to extreme right-wing groups like the Heritage Foundation, choosing from their approved list.”

Bottom line: Mr. Gorsuch was chosen by Mr. Trump; therefore, the choice was unacceptable to Mr. Blumenthal. No doubt the senior Senator from Connecticut would have preferred a candidate selected by Mr. Schumer. So, for that matter, would Mr. Schumer, who has suggested that Mr. Trump should choose another candidate more to his liking. Would Mr. Garland do?

Those who know Mr. Gorsuch know he will not allow himself to be put on a short political chain to be jerked here and there by cheap politicians, which would prevent him from reaching decisions according to a rational interpretation of the law. That has been Mr. Gorsuch’s accomplished end ever since his appointment to the 10th Circuit Court of Appeals eleven years ago on a unanimous voice-vote by Mr. Schumer and other Democratic members of the U.S. Congress. Despite Mr. Blumenthal’s wrongheaded assumptions, Mr. Gorsuch cannot properly be described as either conservative, liberal or a progressive, terms used to describe politicians such as Mr. Blumenthal, the Senator From Planned Parenthood, who is progressive on the matter of late term abortion. Mr. Gorsuch is indeed an originalist like Mr. Scalia, whom Mr. Gorsuch will replace without disturbing a balance in the high court that dates to 1986, when Mr. Scalia was seated as an Associate Justice. Originalism, however, is not a political orientation; it is a mode of constitutional interpretation the opposite of which is anarchic Constitutional interpretation. 

During his interrogation, Mr. Blumenthal asked Mr. Gorsuch about Roe V. Wade, and Mr. Gorsuch replied that the abortion decision made by the High Court was “settled law,” which ought to have satisfied Mr. Blumenthal’s misgivings that the judge, once on the court, would “automatically” overturn Roe v. Wade. Mr. Blumenthal knows that Mr. Trump in his rhetoric sometimes reaches for the stars. In his objections to Mr. Gorsuch, Mr. Blumenthal and other Democrats appear to be following in Mr. Trump’s footsteps. After Mr. Gorsuch is seated, questions related to abortion, snaking their way up from appellate courts, may come before the Supreme Court – and that is why Mr. Gorsuch declined to answer specific questions related to issues he may confront as a Supreme Court justice; not because, as Mr. Schumer and Mr. Blumenthal suppose, Mr. Gorsuch has been slitheringly evasive during his hearing, but rather because petitioners before the court are entitled to a disposition of their case that has not been pre-judged by Mr. Gorsuch.

Nearly every appointee to the high court since the borking of Judge Robert Bork by Democrats has responded similarly to questions that might prejudice their decisions. And yet, high court judges acceptable to Democrats have been spared the pot-boiler rhetoric of Lion of the Senate Edward Kennedy, who said about Mr. Bork, an originalist like Justice Scalia, “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.”

Neither Mr. Blumenthal nor Mr. Schumer has tap-danced rhetorically in Mr. Kennedy’s shoes yet. But there’s always tomorrow.




Comments

Popular posts from this blog

The Blumenthal Burisma Connection

Steve Hilton , a Fox News commentator who over the weekend had connected some Burisma corruption dots, had this to say about Connecticut U.S. Senator Dick Blumenthal’s association with the tangled knot of corruption in Ukraine: “We cross-referenced the Senate co-sponsors of Ed Markey's Ukraine gas bill with the list of Democrats whom Burisma lobbyist, David Leiter, routinely gave money to and found another one -- one of the most sanctimonious of them all, actually -- Sen. Richard Blumenthal."

Donna

I am writing this for members of my family, and for others who may be interested.   My twin sister Donna died a few hours ago of stage three lung cancer. The end came quickly and somewhat unexpectedly.   She was preceded in death by Lisa Pesci, my brother’s daughter, a woman of great courage who died still full of years, and my sister’s husband Craig Tobey Senior, who left her at a young age with a great gift: her accomplished son, Craig Tobey Jr.   My sister was a woman of great strength, persistence and humor. To the end, she loved life and those who loved her.   Her son Craig, a mere sapling when his father died, has grown up strong and straight. There is no crookedness in him. Thanks to Donna’s persistence and his own native talents, he graduated from Yale, taught school in Japan, there married Miyuki, a blessing from God. They moved to California – when that state, I may add, was yet full of opportunity – and both began to carve a living for them...

Lamont Surprised at Suit Brought Against PURA

Marissa P. Gillett, the state's chief utility regulator, watches Gov. Ned Lamont field questions about a new approach to regulation in April 2023. Credit: MARK PAZNIOKAS / CTMIRROR.ORG Concerning a suit brought by Eversource and Avangrid, Connecticut’s energy delivery agents, against Connecticut’s Public Utility Regulatory Agency (PURA), Governor Ned Lamont surprised most of the state’s political watchers by affecting surprise.   “Look,” Lamont told a Hartford Courant reporter shortly after the suit was filed, “I think it is incredibly unhelpful,” Lamont said. “Everyone is getting mad at the umpires.   Eversource is not getting everything they want and they are bringing suit. It was a surprise to me. Nobody notified me. I think we have to do a better job of working together.”   Lamont’s claim is far less plausible than the legal claim made by Eversource and Avangrid. The contretemps between Connecticut’s energy distributors and Marissa Gillett , Gov. Ned Lamont’s ...