
Analysis: What we learned about Neil Gorsuch during his Supreme Court confirmation hearing
LA TimesConfirmation hearings for Supreme Court nominees act out a peculiar Washington ritual in which inquisitive senators gather before TV cameras to hear an aspiring justice politely refuse to answer their questions on all the pressing legal issues of the day. To no one’s surprise, Judge Neil M. Gorsuch, President Trump’s nominee, portrayed himself as an earnest, idealistic jurist who did not want to “tip his hand” by voicing his views. When pressed on originalism during his hearing, Gorsuch said constitutional promises like “equal protection of the laws” should be read broadly according to the actual wording, and in light of the court’s precedents, not in line with the views of 1868, when the 14th Amendment was adopted. That’s what they wrote.” The U.S. 10th Circuit Court of Appeals judge from Denver said he would use the Constitution’s “enduring” principles and apply them “to current realities, not to drag us back to a past but to move forward together as judges applying the law neutrally.” It was a somewhat different tone for Gorsuch. In a speech last year honoring Scalia, Gorsuch said judges should be “focusing backward” to apply the law as it was “understood … at the time of the events in question.” Sen. John Cornyn asked the nominee to explain his “looking backward” comment because it had been cited by his critics.
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