It’s been clear from the beginning of his nomination process that Judge Neil Gorsuch is well-qualified to fill the shoes of Antonin Scalia on the U.S. Supreme Court. The American Bar Association agrees, giving him their highest rating: “well qualified.” The U.S. Senate unanimously approved Gorsuch to the U.S. 10th Circuit Court of Appeals in 2006.
Several groups are opposing his nomination, including abortion supporters like Planned Parenthood. It’s clear their fears have nothing to do with Gorsuch’s judicial experience or his personal views; they fear him because he’s fair-minded.
In his writings and public statements, Gorsuch has made it clear he believes the role of judges is to rule based on what the law says. Simple enough, right? Not for abortion supporters. For years, they have relied on judges to rig the system in their favor.
A biased court system has significantly reduced trust in our democratic process. Millions of Americans of all political persuasions have come to believe established power players are willing to ignore or even subvert their choices in our democratic process. They aren’t wrong.
On November 7, 1972, 60 percent of Michigan voters took to the polls to keep our state’s law respecting the rights of the unborn child. A version of that law has been in effect since 1846, maintained by generations of voters and elected representatives and coexisting for more than a century with the U.S. Constitution.
None of this mattered when Roe v. Wade and Doe v. Bolton were handed down several weeks later on January 22, 1973. Seven judges who personally supported abortion discovered that the Constitution requires abortion-on-demand through all nine months of pregnancy. Unable to directly cite any text in the Constitution to support their personal views, the judges asserted they can be found in the penumbras formed by emanations created by zones.
Those seven judges privileged their own personal views over those of voter and duly elected representatives.
Prolife groups aren’t expecting Gorsuch to impose our agenda through legal magic tricks. All we want is to restore a fair democratic process so our voices have an opportunity to be heard. Based on his record, Gorsuch is a fair-minded judge who lets voters and legislators exercise their proper roles in our government.
The U.S. Senate must consider Judge Gorsuch with all due diligence, but his record indicates those who seek fairness have nothing to fear.