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March 01, 2017 01:06 PM UTC

Local is better, isn’t it? Neil Gorsuch

  • 9 Comments
  • by: Hillary Larson

(Promoted by Colorado Pols) 

By Hillary Larson and Sarah Brooks

Around Colorado, we’ve noticed a fair amount of support for Neil Gorsuch. He is, of course, a homegrown Coloradoan who has served on the Tenth Circuit Court of Appeals in Denver for over a decade. Despite Gorsuch’s lengthy tenure on the bench, his decisions have not always reflected the views of his constituents.

Coloradans have consistently supported protective environmental legislation that safeguards this beautiful state and our public health. Additionally, access to reproductive health resources has long been a top priority for Coloradans. Will Gorsuch represent these values while serving the Supreme Court?

We have our doubts; here’s why.

Gorsuch

During his time on the 10th Circuit, SCOTUS nominee Gorsuch repeatedly sided with employers and companies, citing their own religious beliefs as the basis for denying contraception access to their women employees. Yet Colorado has consistently been a pro-choice state, which directly conflicts with Gorsuch’s anti-reproductive rights perspective on the Burwell v. Hobby Lobby case. This case resulted in Hobby Lobby stores denying its female employees access to contraceptives under company health insurance.

Most mapping shows that Gorsuch is actually further to right on the political spectrum than his predecessor, Anthony Scalia1, who regularly opposed environmental protections. A New York Times editorial cited Gorsuch’s surprising position on deference courts: “He [Gorsuch] is even more conservative than Justice Scalia in at least one area—calling for an end to the deference courts [courts that allocate decisions to alternate parties, such as a government agency] additionally show to administrative agencies, like the Environmental Protection Agency, that are charged with implementing complex and important federal laws.”

In the next four years, there will likely be cases in which supreme court justices must side with environmental protection and corporate interest. With the climate-change denying, environmental regulation opposing Scott Pruitt as the new administrator of our Environmental Protection Agency, Gorsuch will become the 5-4 tiebreaker on our nation’s highest court. Do we really want someone who won’t defend our natural landscapes, clean air and water in that position?

We need the court to safeguard our environmental protections because we certainly can’t rely on President Donald Trump, or Scott Pruitt, to do so. The next four years are crucial in terms of creating protective, preventative environmental legislation. If Gorsuch is confirmed and opposes more stringent protection, it will sent a precedent of neglect amongst the Supreme Court.

As Coloradans, we’ll proudly shout from the rooftops that we live in one of the best states there is. If one of our judges is going to represent the nation, they should have a far better track record for protecting our human rights and environment than Neil Gorsuch.

But wait, we could still do so much worse!

We agree, Gorsuch is most likely not the actual devil. Given Trump’s cabinet and advisor selection, many people argue that he could have chosen a more destructive nominee, therefore we should hold our nose and deal with Gorsuch.

It is possible for Trump to have picked a worse nominee, but are those really the standards we’re holding ourselves to right now? If we start judging our nation by the worst possible outcome, we will fail. We will fail our state, we will fail our families and we will fail the planet. So let’s fight for the best.

  1. https://www.nytimes.com/interactive/2017/01/31/us/politics/trump-supreme-court-nominee.html

Comments

9 thoughts on “Local is better, isn’t it? Neil Gorsuch

  1. This post is devoid of any meaningful thought. Its premise is a federal judge should base his decisions upon their popularity with the local populace.  Silly me, I thought they were charged with following the Constitution and Laws.

    The first paragraph explains it all.

    "Around Colorado, we’ve noticed a fair amount of support for Neil Gorsuch. He is, of course, a homegrown Coloradoan who has served on the Tenth Circuit Court of Appeals in Denver for over a decade. Despite Gorsuch’s lengthy tenure on the bench, his decisions have not always reflected the views of his constituents."

    It is fair to be for or against a judge for any number of reasons.  The reason posited is not one of them.

     

    1. It is very rare for AC to be right.  This is that rarity.  The vile stupidity of demanding that a judge pander to his constituents insults the memory of many judges who defended the rights of black defendants in the Jim Crow south.  Tell these idiots that federal judges are not elected and their only "constituents" are the laws and the constitution.  It isn' t easy to know less about our constitutional system than AC.  But Hillary Larson almost miraculously proved herself dumber than an internet troll

  2. I hate to spot A.C. points as much as you do, V, but I gotta this time. What's wrong with this essay? Let's see…the first thing I noticed was Coloradoan. Since she wasn't referencing the Fort Collins newspaper, that's a strike against her already. Second, you're right, V., judges don't have a constituency. And lastly, yes, "it could be worse." is the yardstick we'll be using for the foreseeable future. 

  3. So Judges don't have "constituents", and that word should be replaced with "reasonable people" or "mainstream judicial thinkers", or "Constitutional scholars" or some phrase reflecting that this is the Supreme Court of the United States Gorsuch has been nominated to join, and the tenth Federal circuit court of appeals that he has served on for a decade.

    Other than that unfortunate choice, I see nothing wrong in the post; all Larson's arguments against Gorsuch's stances are valid, whether  on reproductive rights, on environmental interests and consumers vs. corporate interests.

    I have seen other articles which seem to imply a Colorado "constituency" – the implication is that Gorsuch must be in touch with "western values", whatever those are. Larson is right to say that this specious argument is advanced to argue for Gorsuch's nomination.Her piece would have been stronger had she left Colorado out of it.

    But trust V to attack the person rather than the argument, the factual basis,  or the reasoning. That's what he does.

    I'm in favor of the Senate refusing to confirm or to allow Gorsuch to get an up or down vote for as long as the GOP Senators held up the nomination for Garland.

    It's not likely to succeed, but "likely" went out the window last year, and hasn't even phoned home yet.

     

     

    1. Trust MJ to launch the vicious personal smear to mask being caught spewing ignorance, as she did by vilifying me for / proving  her wrong with her screed that mainstream media were trying to hide the fact that the dnc again defeated the motion against donations by lobbyists.  I proved her wrong and she responded by swearing to block all my posts.  Obviously she didn't do that or she wouldn't be furious with me for fflogging hillary larson's belief that federal jjudges should reflect the prejudices of the "constituents" they serve.  Well, they ain't elected and they are supposed to serve justice, not ward heelers or lobbyists.  Read "The Scottsboro Boys" to find how elected judges sacrificed their careers to avoid a judicial murder of black men falsely accused of raping white prostitutes.    That is too heavy a lift for mj, so she can just read To kill a mockingbird."

      As to Western values, the only ones I know are declaring our rugged individualism while trying to make Eastern taxpayers pay for our agricultural subsidies, our oil and gas subsidies and our use of public lands at low rents which, bundy style, we don't even pay.

      1. That was obliging of you to demonstrate my point for me, V.

        AC's original critique of Larson's "constituency" argument is valid, although his hyperbole that the post is "devoid of any meaningful thought" is not.

        Your expansion of the critique against the constituency argument is valid, although your statement that Larson is "dumber than an internet troll" is not.

        Neither of you acknowledged the valid arguments against Gorsuch's nomination.

        For myself, my intent was to assure Larson not to take the personal attacks personally, as this is, demonstrably,  "what V does' when confronting disagreement on an issue.  I'm sure she will research her basic Constitutional knowledge about the functions of the three branches of government more carefully in her next diary – and I hope that there will be a next diary, and that she will not be driven from the site by your vitriol, as others have.

  4. Authors Hillary Larson and Sarah Brooks apparently are advocates for environmental protection and reproductive choice. That's great and sure to earn them appreciative readers on those issues.

    But nominees for the Supreme Court are a bit of a different thing. The writing mistakes one element that AC calls out — and I wind up agreeing with him.

    The other point I would make is that Gorsuch is opposed to free rein for administrative agencies. That can be positive or negative. Frankly, if Scott Pruitt is the person setting the direction, I'm all in favor of a high bar of skepticism about administrative rule making. I'd prefer there to be a close adherence to legislation. New regulations should be evaluated against the current status of law, administrative rules and actual practice. Administrative rules ought NOT get a presumption of "reasonableness" that says it is the burden of those opposing them must show actual error in process or intentional bias to justify review.

  5. Bear in mind that while it is based in Denver,the 10th circuit also includes Wyoming, Utah, Oklahoma, kansas, and New Mexico. The underlying jurisdictions are far from uniformly liberal.

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