Thursday, March 30, 2017

“President” Kamala Harris Denounces Judge Gorsuch for using CONSTITUTION for Decisions

The following piece was published in the California Political Review

By Nate Madden    3/24

Freshman Senator Kamala Harris, D-Calif., might have one of the most disturbing – albeit increasingly common – arguments against Trump’s Supreme Court nominee yet: He’s not a judicial activist.

Friday morning, the former Golden State attorney general made known that she wouldn’t support Judge Neil Gorsuch to replace Justice Antonin Scalia because he “has consistently valued legalisms over real lives.” 
Kamala Harris

Judge Gorsuch has consistently valued narrow legalisms over real lives. I cannot support his nomination.

— Kamala Harris (@KamalaHarris) March 24, 2017

Naturally, the idea that a judge ought not be more concerned with the application of the law, rather than its outcome, raised some eyebrows.

 “Legalisms” is like the complaint about constitutional rights being “technicalities”

— Ed Krayewski (@edkrayewski) March 24, 2017

Once upon a time, a judge was supposed to care about “legalisms.”

— Nick Pappas (@NickAPappas) March 24, 2017

Harris links to her recent op-ed in the San Francisco Chronicle, where the senator seeks to paint Trump’s nominee in the same league as the Tin Man from the Wizard of Oz, a creature desperately in search of a heart.   
Judge Gorsuch and wife Marie Louise

The implication? Our jurists should be more concerned with emotions and outcomes versus faithful application of the law, and Neil Gorsuch is a big meanie-head.

But that supposedly absent heart debuted on the judge’s sleeve during the hearings. Faced with such questions and accusations multiple times this hearing, the answer or implication thereof has been simple: He didn’t like the outcome, but that’s the law as written (i.e., his job). If legislators don’t like it, change the law or pass a new one.

In her defense, Senator Harris is quite new to her position and may not quite be used to the job of a federal legislator, but she and the 534 members of Congress have the power to change laws and outcomes they don’t like. It’s all lined out in Article I of the Constitution.

But rather than embrace her role as a legislator and Gorsuch’s as a judge, Harris opts to openly defend judicial activism and cite it as the definitive reason for fighting his confirmation, quoting Thurgood Marshall’s aphorism to “do what you think is right and let the law catch up.”  
Trump nominates Gorsuch

One only wonders what any of the founders would think of that statement from a member of the “weakest branch of government,” or the use of it to defend bench legislation by a U.S. Senator. Well, they wouldn’t like it.

As stated concisely by attorney T. Greg Doucette, “I’m sure there are intellectually honest reasons to oppose Gorsuch. ‘Legalisms over real lives – for a judge – is not one of them.”

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