Supreme Court Justice nominee Neil Gorsuch on Capitol Hill in Washington, Tuesday, March 21, 2017, for his confirmation hearing before the Senate Judiciary Committee. (AP Photo/Pablo Martinez Monsivais)

Richard Blumenthal Tries to Set a Dangerous New Precedent For Judges

Blumenthal thinks that Trump nominees to the courts must go above and beyond the normal level of answers and give direct answers to how they would rule in specific cases. That is not only unprecedented, but dangerous because he is essentially seeking to make judges take sides without hearing all the facts.

Leonard Leo has come out forcefully against this saying, “Senator Richard Blumenthal laid down a new far-reaching and dangerous rule for confirming US Supreme Court nominees–one that makes demands that truly jeopardize judicial independence. Trump Supreme Court nominees, he says, must provide more answers about how they will address issues and rule on cases in the future because Senator Blumenthal says that the President used litmus tests on conservative issues. What matters is what President Trump asked the Judge himself and what the Judge said, not the President’s  campaign trail comments, and the President never sought promises from the Judge on future cases and Judge Gorsuch never made any. Judge Gorsuch can’t make these promises on how he might rule as a matter of judicial ethics, and I very much doubt he will.”

Like the liberal federal judges, Blumenthal is binding President Trump to candidate Trump’s campaign statements, but also imputing ownership of those statements to judges. He might want to be careful. There will one day again be a Democrat President and a Republican Senate.

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Erick Erickson

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