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One of the penalties for refusing to participate in politics is that you end up being governed by your inferiors. -- Plato (429-347 BC)

Monday, March 20, 2017

Judge Gorsuch: ‘True Independence’

Liberals Should Welcome A Nominee Like Gorsuch – Who Is Honest, Principled And Committed To Safeguarding The Rule Of Law’
Judge Neil Gorsuch

DAVID C. FREDERICK, Board Member, Liberal American Constitution Society, Specializing In Supreme Court Practice: “Over the course of his career, he has represented both plaintiffs and defendants. He has defended large corporations, but also sued them. He has advocated for the Chamber of Commerce, but also filed (and prevailed with) class actions on behalf of consumers. We should applaud such independence of mind and spirit in Supreme Court nominees.” (David Frederick, Op-Ed, “There Is No Principled Reason To Vote Against Gorsuch,” The Washington Post, 3/8/17)
FEDERAL JUDGES APPOINTED BY DEMOCRATIC PRESIDENTS: ‘Superbly Well-Prepared And Well-Qualified,’ ‘He Writes Opinions In A Unique Style That Has More Verve And Vitality Than Any Other Judges I Study On A Regular Basis’

JUDGE JAMES ROBERTSON, Retired U.S. District Judge For The District Of Columbia, Appointed by Pres. Clinton: “Judge Neil Gorsuch is superbly well-prepared and well-qualified to serve as an associate justice of the Supreme Court. There is no real dispute about that. Nevertheless, it seems that anti-Gorsuch forces are girding their loins for battle. ‘Poor Gorsuch,’ they will say. ‘We’re going to do the best we can to defeat your nomination — but it’s not about you.’ Just what is it about, then?” (James Robertson, “The Judicial Nomination War Started With Bork. Let’s End It With Gorsuch,” The Washington Post, 3/15/17)
  • “The first answer is: ‘We don’t like the decisions we are afraid he will make.’ Anyone with a basic understanding of how judges make decisions rejects that simplistic argument out of hand. … Does his record support the label ‘extremist’? Certainly not. ‘Ideologue’? No. ... Gorsuch has declined and will continue to decline to answer questions about how he would decide any issue that might come before him — not only because he is ethically bound to do so, but also because, until he reads the briefs and hears the arguments, he doesn’t know. Neither does anyone else.” (James Robertson, “The Judicial Nomination War Started With Bork. Let’s End It With Gorsuch,” The Washington Post, 3/15/17)
“Judge John L. Kane, who was appointed to the Federal District Court in Denver by President Jimmy Carter, said Judge Gorsuch was admired by his fellow judges. ‘He writes opinions in a unique style that has more verve and vitality than any other judges I study on a regular basis,’ Judge Kane said.” (“Trump’s Supreme Court Choices Come Into Focus,” The New York Times, 1/24/17)
  • JUDGE KANE: Gorsuch is ‘an excellent judicial craftsman’ who, even in his dissents, is ‘instructive rather than vitriolic.’ “Judge Kane said Judge Gorsuch had voted both to affirm and to reverse his decisions. ‘In each instance, I have felt I was clearly understood and properly informed,’ Judge Kane said. ‘I think Judge Gorsuch listens well and decides justly. His dissents are instructive rather than vitriolic. In sum, I think he is an excellent judicial craftsman.’” (“Trump’s Supreme Court Choices Come Into Focus,” The New York Times, 1/24/17)
LIBERAL LEGAL LUMINARIES: A Brilliant Mind,’ ‘A Kind, Sensitive And Caring Human Being,’ ‘[H]e Follows The Law As Best As He Can Wherever It Might Lead’

YALE LAW PROFESSOR E. DONALD ELLIOTT: “For moderate democrats, Judge Gorsuch is as good as it gets… I have known him personally for more than a decade, since he was an attorney in the Justice Department. He is a brilliant mind, but more important he is a kind, sensitive and caring human being. Judge Gorsuch tries very hard to get the law right... [H]e follows the law as best as he can wherever it might lead. Judge Gorsuch has demonstrated in his rulings that he believes the judiciary has a sworn duty to protect individual liberties, even when they lack broad public support... More important is putting on the court someone like Neil Gorsuch—a good person with solid values—to decide, as the law requires, future controversies that we have yet to dream.” (E. Donald Elliott, Op-Ed, “For Moderate Democrats, Judge Gorsuch Is As Good As It Gets,” The Wall Street Journal, 2/06/2017)
NEAL KATYAL, Former Acting Solicitor General Under President Obama: “…I have seen him up close and in action, both in court and on the Federal Appellate Rules Committee (where both of us serve); he brings a sense of fairness and decency to the job, and a temperament that suits the nation’s highest court... I have no doubt that if confirmed, Judge Gorsuch would help to restore confidence in the rule of law. His years on the bench reveal a commitment to judicial independence — a record that should give the American people confidence that he will not compromise principle to favor the president who appointed him.” (Neal Katyal, Op-Ed, “Why Liberals Should Back Neil Gorsuch,” The New York Times, 1/31/2017)
LAURENCE TRIBE, Legal Mentor To President Obama: “…Gorsuch is a brilliant, terrific guy who would do the Court's work with distinction.” (Twitter, @Tribelaw, 2/1/17)

“[Constitutional scholar and longtime Harvard Law professor Alan] Dershowitz said Gorsuch is ‘among the best people on that list of 21’ potential nominees Trump had rolled out during the campaign, adding, ‘He’ll be hard to oppose on the merits.’ … Dershowitz said, adding Gorsuch has a reputation as a ‘very easy guy to get along with.’” (“Dershowitz: Gorsuch ‘Smart Appointment,’ ‘Hard to Oppose,’” Newsmax, 1/31/2017)
JONATHAN TURLEY, Liberal Law Professor At George Washington Law School: “Gorsuch is an intellectual leader. He fits the bill for those people that view Scalia[‘s death] as the loss of an intellectual icon. Gorsuch has that depth of analysis that you see in his opinions. He has a true sense of his jurisprudence, so he’ll come to the court with a very strong record, a very powerful writer and a very considerable intellect.” (Fox News’ “The First 100 Days,” 1/31/17)

FORMER GOV. BILL RITTER (D-CO): ‘Gorsuch Is A Worthy Successor To Colorado’s Last Supreme Court Justice, Byron White’

FORMER GOV. BILL RITTER (D-CO) & FORMER ATTORNEY GENERAL JOHN SUTHERS (R-CO): “…[Judge] Gorsuch is a worthy successor to Colorado’s last Supreme Court justice, Byron White, for whom Gorsuch once clerked. Gorsuch’s temperament, personal decency and qualifications are beyond dispute…. It is time to use this confirmation process to examine and exalt the characteristics of a judge who demonstrates that he or she is scholarly, compassionate, committed to the law, and will function as part of a truly independent, apolitical judiciary. Judge Gorsuch fits that bill.” (Bill Ritter and John Suthers, Op-Ed, “Ritter And Suthers: Senate Should Confirm Neil Gorsuch’s Nomination To Supreme Court,” The Denver Post, 3/15/2017)
39 JUDGE GORSUCH LAW CLERKS: ‘Our Political Views Span The Spectrum… But We Are United In Our View That Judge Gorsuch Is An Extraordinary Judge’

39 JUDGE GORSUCH LAW CLERKS: “Each of us has had the privilege of serving as a law clerk to Judge Neil M. Gorsuch of the U.S. Court of Appeals for the Tenth Circuit. We came to his chambers from sixteen different law schools in four different time zones. Following our time in his service, we have gone on to every part of the legal profession. Some of us practice in law firms or elsewhere in the private sector. Others work for nonprofits or in government service. Still others teach law. Our political views span the spectrum… But we are united in our view that Judge Gorsuch is an extraordinary judge. The undersigned are every single one of Judge Gorsuch’s former clerks not currently clerking for a Justice. All of us strongly support his confirmation as the next Associate Justice of the Supreme Court.” (39 Former Law Clerks, Letter To Sens. Grassley & Feinstein, 2/14/17)
  • CLERKS: “Judge Gorsuch’s opinions also demonstrate the courage that is crucial for a Supreme Court Justice. He is committed to respecting the limits that the Constitution imposes on governmental power. He has steadfastly protected the freedoms embodied in the Bill of Rights. He has policed the separation of powers, understanding that it serves as a bulwark of citizens’ personal liberties. And he has never feared staking out a principled position in defense of those liberties — even if he had to do so alone. If confirmed, we are confident that Judge Gorsuch’s independence — grounded in the limited powers granted to the judiciary by the Constitution — will never waver.” (39 Former Law Clerks, Letter To Sens. Grassley & Feinstein, 2/14/17)
JUSTICE KAGAN & JUDGE GORSUCH LAW CLERK: Judge Gorsuch Has ‘A Fierce Commitment To The Rule Of Law’

JASON MURRAY, Former Clerk For Justice Elena Kagan: “Well, Judge Gorsuch is, as I think everybody who knows him will tell you, a brilliant man, but a man of great integrity, humility, thoughtfulness and a careful judge admired by liberals and conservatives alike who are familiar with his judicial record.” (MSNBC’s “Live with Tamron Hall,” 2/01/2017)
JUSTICE SOTOMAYOR & JUDGE GORSUCH LAW CLERK: Judge Gorsuch ‘A True Independence To Him That Runs Through His Personal Life and Judicial Philosophy’

JANIE NITZE, Former Clerk For Justice Sonia Sotomayor: “[T]hree things stick out to me from my time as clerk for him. One is his real deep reverence and love for the Constitution and the rule of law, which came forth on a daily basis. Two was his deeply held belief in the role of the judge in our constitutional framework, which is that the judge is not there to play politics. The judge is there to enforce a law that Congress wrote, read the text of the Constitution that the Founders drafted for us. And three, I would say he’s just an incredibly kind, decent, good man.” (Fox News’ “Special Report with Bret Baier,” 1/31/2017)
  • NITZE: “[H]e is from the West and he does have this sort of western grit to him, sort of this intangible, that is hard to really quite explain. But I think that gives him a spine of steel in a way that will serve him well in the sense that there is a true independence to him that runs through his personal life and his judicial philosophy.” (Fox News’ “Special Report with Bret Baier,” 1/31/2017)
  • NITZE: “I just had the great fortune to clerk for someone who had a deep reverence for the Constitution and the rule of law that we saw on a daily basis, someone who thought that the judiciary was not a place for politics. It was a place for enforcing the words of statutes, the words of the Constitution. And finally just a man who is incredibly kind, decent, really a great boss overall.” (Fox News’ “Hannity,” 2/01/2017)
PARTNERS & FORMER PARTNERS, INCLUDING LEADERS OF THE AMERICAN CONSTITUTION SOCIETY: Judge Gorusch Is ‘Superbly Qualified,’ ‘An Outstanding Jurist,’ With ‘A Very Distinguished Background

39 Partners And Former Partners Of Gorusch’s Former Law Firm, Including Two Leaders Of The Liberal American Constitution Society: “We are present and former partners in the law firm of Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC. We are Democrats, independents, and Republicans. Many of us have served in government, some during Republican and some during Democratic administrations; some of us have served in both. We have clerked for Supreme Court justices and appellate and district court judges appointed by Democratic and Republican presidents. We represent a broad spectrum of views on politics, judicial philosophy, and many other subjects as well. But we all agree on one thing: our former colleague, Neil M. Gorsuch – our associate – and then partner for more than a decade – is superbly qualified for confirmation to the position of Associate Justice of the Supreme Court of the United States. He is a man of character, decency, and accomplishment who merits this appointment.” (Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C. Partners And Former Partners, Letter to Sens. Grassley and Feinstein, 2/02/2017; “Leadership,” American Constitution Society Website, Accessed 2/07/2017
  • “Neil’s equal regard for everyone extended to his work as a litigator. He zealously represented all of his clients – plaintiffs and defendants, individuals and corporations, nonprofits and small businesses, paying clients and pro bono clients – without regard to ideology. For Neil, each client deserved the best arguments that could be mustered, consistent with the facts and the law... Neil is not only a good and humble man, he is also an outstanding jurist. We are fully confident that he will decide cases on principled grounds; that he will work tirelessly to get each case right, on its particular merits; that he will be thoughtful about the views of his colleagues, and will deliberate respectfully and productively to reach consensus where that is possible; and that he will demonstrate the integrity and ability that we all saw in our years as his colleagues.” (Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C. partners and former partners, Letter to Sens. Grassley and Feinstein, 2/02/2017; “Leadership,” American Constitution Society Website, Accessed 2/07/2017 )
  • “Neil is not only a good and humble man, he is also an outstanding jurist. We are fully confident that he will decide cases on principled grounds; that he will work tirelessly to get each case right, on its particular merits; that he will be thoughtful about the views of his colleagues, and will deliberate respectfully and productively to reach consensus where that is possible; and that he will demonstrate the integrity and ability that we all saw in our years as his colleagues.” (Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C. partners and former partners, Letter to Sens. Grassley and Feinstein, 2/02/2017; “Leadership,” American Constitution Society Website, Accessed 2/07/2017 )
COLORADO LEGAL COMMUNITY: ‘Widely Respected Among His Disproportionately Liberal Peers’

‘He Is Fair, Decent, And Honest, Both As A Judge And A Person,’ ‘Qualified,’ ‘Decent,’ ‘Independent’

“Gorsuch, a federal appeals court judge in Denver and adjunct law professor at the University of Colorado, would seem a winning pick for Trump. He is widely respected among his disproportionately liberal peers, colleagues and students in Boulder, who describe him as brilliant, thoughtful and charming. Boulder County District Attorney Stan Garnett, a Democrat, called Gorsuch ‘very ethical’ and ‘very smart.’” (“Boulder's Neil Gorsuch Candidate For Supreme Court Vacancy?,” Boulder Daily Camera, 1/30/2017)

200+ COLORADO LAWYERS: “As members of the Colorado legal community, we are proud to support the nomination of Judge Neil Gorsuch to be our next Supreme Court Justice. We hold a diverse set of political views as Republicans, Democrats, and Independents. Many of us have been critical of actions taken by President Trump. Nonetheless, we all agree that Judge Gorsuch is exceptionally well-qualified to join the Supreme Court. He deserves an up or down vote.” (CO Lawyers, Letters To Sens. Michael Bennet & Cory Gardner, 2/23/17)
  • “We know Judge Gorsuch to be a person of utmost character. He is fair, decent, and honest, both as a judge and a person. His record shows that he believes strongly in the independence of the judiciary. Judge Gorsuch has a well-earned reputation as an excellent jurist<.” (CO Lawyers, Letters To Sens. Michael Bennet & Cory Gardner, 2/23/17)
“Norm Brownstein and Steve Farber, two giants in Colorado’s legal and political world, joined with dozens of attorneys from the state this week in signing a letter to U.S. Sens. Michael Bennet and Cory Gardner urging them to support the confirmation of conservative Judge Neil Gorsuch to the U.S. Supreme Court.” (“Prominent Colorado Attorneys Call For Neil Gorsuch To Be Confirmed,” The Denver Post, 2/1/17)
DAVID LANE, Democrat & Denver Plaintiff’s Attorney: “He is a very, very smart man... he's qualified to be on the Supreme Court... I don't know that Judge Gorsuch has a political agenda and he is sincere and honest and believes what he writes.” (“Gorsuch: Conservative Court Nominee Praised By Some Liberals,” AP, 1/31/17)

MARCI GLENN, Democrat & Denver Attorney: “He's smart, he's independent — thank the Lord...” (“Gorsuch Has Conservative Pedigree,” AP, 1/31/17)

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