Senate confirms Neil Gorsuch as next Supreme Court justice
WASHINGTON — Neil McGill Gorsuch of Colorado won Senate confirmation Friday as the 113th justice of the Supreme Court, completing a 419-day odyssey that stretched from the death of Justice Antonin Scalia and the denial of President Obama’s nominee to a Senate rules change known as the “nuclear option.”
Senators voted 54-45 to confirm Gorsuch. Republicans and three Democrats voted to approve him. The Democrats were: Joe Donnelly of Indiana, Heidi Heitkamp of North Dakota and Joe Manchin of West Virginia. The three Democrats are all moderates who represent states that President Trump won in last year’s election.
Justices are appointed for life, and Gorsuch, who is only 49, could serve for decades on the high court.
“He’s going to make a fantastic addition to the court,” Majority Leader Mitch McConnell, R-Ky., said Friday on the Senate floor. “He’s going to make the American people proud.”
Minority Leader Chuck Schumer, D-N.Y., said he hopes Gorsuch will prove to be a justice who stands up for average Americans rather than corporate interests.
“I hope Judge Gorsuch has listened to our debate here in the Senate, particularly about our concern about the Supreme Court increasingly drifting towards becoming a more pro-corporate court that favors employers, corporations and special interests over working Americans,” Schumer said Friday. “We need a justice on the court who will help swing it back in the direction of the people. So we are charging Judge Gorsuch to be the independent and fair-minded justice that America badly needs.”
Gorsuch, a conservative judge on the U.S. Court of Appeals for the 10th Circuit, was confirmed the day after Republicans invoked the nuclear option — changing Senate rules to end a Democratic filibuster and advance Gorsuch’s nomination with a simple majority of 51 votes rather than the 60 votes needed before the rule change.
“I wish that important aspects of this process had played out differently,” McConnell said. “It didn’t have to be this way. But today is a new day. I hope my Democratic friends will take this moment to reflect and, perhaps, consider a turning point in their outlook going forward.”
Schumer said the Republicans’ action will make both the Senate and the Supreme Court more partisan places.
“As a result, America’s faith in the integrity of the court and their trust in the basic impartiality of the law will suffer,” he said. “Those are serious things for this Republic.”
Friday’s vote won’t put Gorsuch on the high court immediately. He still must be sworn in at the court and the White House, most likely early next week. He then would attend his first private conference with the other eight justices on Thursday and sit for the next round of oral arguments that begins April 17, including an important case on the separation of church and state.
But beyond the immediate logistics, the conclusion of the 14-month-long process will have a major impact on all three branches of government. It will bring the court back to full strength following a period in which it deadlocked on four cases, delayed others and avoided sweeping rulings. It will leave the Senate deeply riven, both politically and procedurally, after bitter battles over not one but two nominees. And it will give President Trump his first major achievement amid continuing imbroglios over health care, immigration and the White House’s ties to Russia.
Republicans and their conservative allies were in celebration mode as the clock ticked down to the final vote Friday. To them, Gorsuch epitomizes the type of judge who decides cases based on the Constitution, the law and past precedents, rather than personal opinion or ideology.
“He is a jurist of the highest character and integrity,” said Leonard Leo, who took a leave of absence from the conservative Federalist Society to help with the confirmation process. “He believes deeply in neutral, impartial decision-making, and he is deeply committed to a Constitution whose limits on judicial and government power inextricably intertwine with the preservation of human freedom.”
Democrats and their liberal allies were desultory after losing not only the confirmation battle but the minority party’s right to block high court nominations with just 41 votes. They fear Gorsuch will align himself with the court’s other conservatives on issues ranging from employment discrimination to reproductive rights.
“I think this guy’s going to do really bad things on the court,” said Nan Aron, president of the liberal Alliance for Justice. “The country will be worse off.”