Democrats continue to press Gorsuch for answers, but Republicans’ confidence of confirmation grows – Washington Post
(Jenny Starrs/The Washington Post)
Democratic senators more aggressively questioned Judge Neil Gorsuch on Wednesday in hopes of drawing him out on his potential independence from President Trump, while Republicans began congratulating him signaling they anticipate his successful confirmation to the Supreme Court.
Senators completed two days of questioning Gorsuch with repeated inquiries about abortion rights, money in politics and a Supreme Court ruling issued on Wednesday that reversed a decision of his appeals court. The hearings will continue Thursday with testimony of those who support and oppose the nomination of the 49-year-old judge on the Denver-based U.S. Court of Appeals for the 10th Circuit.
[Supreme Court sets higher bar for education of students with disabilities]
Democrats on the Senate Judiciary Committee became increasingly frustrated by Gorsuchs bland answers. You have been very much able to avoid any specificity like no one I have ever seen before, said Sen. Dianne Feinstein (D-Calif.), the ranking Democrat on the Senate Judiciary Committee.
When pressed by Sen. Amy Klobacher (D-Minn.) on various noncommittal answers, Gorsuch said it would be wrong for him to be more candid about what he would do on the bench. Its like a campaign promise for office, it seems to me, Gorsuch said.
(Video: Reuters / Photo: Ricky Carioti/The Washington Post)
Klobacher responded: We have to figure out what your philosophy is.
Both Democrats and Republicans seemed pretty sure that Gorsuch would be a conservative very much in the mold of the justice he would replace, Antonin Scalia, who died in February 2016.
The politics of the nomination again were at center stage. When Gorsuch said he did not think of judges as Democrats or Republicans, Sen. Mazie K. Hirono (D-Hawaii) responded if that were true, the committee would be considering the man President Barack Obama nominated, Judge Merrick Garland. Senate Republicans denied Garland a hearing and a vote on his nomination.
Sen. Sheldon Whitehouse (D-R.I.), pressing Gorsuch on the issue of campaign finance, said commentators now describe the Supreme Court as instruments of the Republican Party.
Gorsuch put both hands to his chest and responded he was distressed that you think that judges or the Supreme Court is an organ of a party.
But partisan rancor over Supreme Court nominations is not new, and Republicans were less interested in questioning Gorsuch than congratulating him.
Sen. Orrin G. Hatch (R-Utah), who has participated in 14 Supreme Court confirmation hearings, told Gorsuch, I've seen an awful lot of great people in the law come before this committee. And I haven't seen anybody any better than you.
(Jenny Starrs/Photo: Ricky Carioti/The Washington Post)
Why anybody in this body would vote against you, I'll never understand, Hatch said later.
Sen. Ted Cruz (R-Tex.) credited Gorsuch for enduring the marathon hearings and said he was passing the test with flying colors.
Trump again was frequently mentioned.
Sen. Patrick J. Leahy (D-Vt.) questioned Gorsuch onthe Constitutions emoluments clause, which states the president cannot accept gifts from foreign agents without approval from Congress. Given ongoing litigation involving that clause, Gorsuch said, I have to be very careful about expressing any views.
Leahy also noted Gorsuch has strong support from Trump senior counselor Stephen K. Bannon, whom the senator accused of giving a platform to extremists and misogynists and racists. Another senior Trump aide, Reince Priebus, had said Gorsuch could potentially change 40 years of law, Leahy said.
What vision do you share with President Trump? the senator asked.
Respectfully, none of you speaks for me, said Gorsuch. I am a judge. I am independent. I make up my own mind.
At one point, Gorsuch seemed to reject a Feb. 13 comment from senior White House policy adviser Stephen Miller that Trumps actions on national security will not be questioned, which some interpreted as a signal that Trump could ignore judicial orders.
You better believe I expect judicial decrees to be obeyed, Gorsuch said.
[How Gorsuchs judicial experience compares with Supreme Court predecessors]
Gorsuch also declined to give his view on Scalias characterization of the Voting Rights Act as a perpetuation of racial entitlement.
I dont speak for Justice Scalia. I speak for myself, he told the committee.
You have been very hesitant to even talk about various Supreme Court precedents, Leahy told Gorsuch, noting that Justices John G. Roberts Jr. and Samuel Alito took positions on specific cases during their confirmation hearings.
The latest hearing produced an emotional exchange between Gorsuch and Feinstein on the subject of womens rights.
You are pivotal in this, she told Gorsuch, saying that the originalist interpretation of the Constitution to which he adheres has been used in the past to say that the Constitution does not cover women and gays.
[Gorsuch promises independence from Trump and steals Democrats line of attack]
No one is looking to return us to horse-and-buggy days, Gorsuch responded. Supreme Court precedent has established that the Constitutions Equal Protection Clause is wide enough to encompass those who were not recognized when it was written.
A good judge starts with precedent and doesnt reinvent the wheel, Gorsuch said, adding that it matters not a whit that some who wrote the Constitution were racists or sexists, because they were. What matters, Gorsuch said, were what the words on the page mean.
The two also discussed a book that Gorsuch wrote in which he opposed physician-assisted suicide and said any taking of a human life was wrong.
Feinstein mentioned the death of her father and a close friend, which she said were agonizing. She mentioned Californias recent physician-assisted suicide law.
[Opinion: Good-golly Gorsuch may turn out to be a rascal on the bench]
My heart goes out to you, Gorsuch said, and then appeared to choke up when he mentioned the death of his own father. He said his personal views would have no role in his duties as a judge and noted the Supreme Court has ruled that states may allow laws such as Californias.
Democratic senators also raised questions about a decision that had just been issued across the street from the hearing room at the Supreme Court.
The eight sitting justices decided unanimously on Wednesday to boost the standards of education that public schools provide to learning-disabled students, rejecting an earlier ruling from the U.S. Court of Appeals for the 10th Circuit the one that Gorsuch serves on saying that it had set the bar too low for students.Gorsuch had ruled similarly in a different case.
At issue was whether schools must provide disabled children some educational benefit which several lower courts have interpreted to mean just more than trivial progress or whether students legally deserve something more.
In response to questions from Sen. Richard J. Durbin (D-Ill.), Gorsuch defended his courts decision, saying that they were applying what the 10th Circuit had decided in a 1996 case, which adopted the standard that the services have to be more than de minimis .
I was bound by circuit precedent, Gorsuch said, saying that ruling against an autistic child and his parents was heartbreaking.
Republicans are hoping to refer Gorsuch to the full Senate by April 3 and Majority Leader Mitch McConnell has said that the judge will be confirmed to the Supreme Court before Easter.
[Senate Democrats want more information about Gorsuchs role at DOJ]
Senate Minority Leader Charles E. Schumer (D-N.Y.) said this week that it would be unseemly for the Senate to confirm Gorsuch while the FBI is investigating whether Trumps presidential campaign was swayed by Russian interference.
But Sen. Joe Manchin III (D-W. Va.), a key moderate and a member of Schumers leadership team, said on Wednesday that the ongoing FBI investigation shouldnt have any bearing on Gorsuchs confirmation.
I want to get a working court, okay? What they did to Merrick Garland was wrong. I dont want to do the same. Two wrongs dont make a right, Manchin said at a Washington Post Live event on Trumps early weeks in office.
Manchin later visited the Judiciary Committee room to watch the proceedings for a few minutes a notable appearance given that he is one of several moderate Democrats facing reelection next year who are the targets of a multimillion-dollar ad campaign bankrolled by conservative groups in hopes of securing Gorsuch a filibuster-proof vote tally. Sen. Angus King (I-Maine), another potential vote for Gorsuch, made a similar visit on Tuesday.
Manchin said at the Post event that he plans to meet again with Gorsuch before deciding how to vote.
If Gorsuch is the right person or not, I cant say that as of yet, he said. Is there 60 votes as of yet, I dont think, I dont see it. Can it happen? Anything can happen.
Read more at PowerPost
- Republicans see high-risk plans as the future of health insurance - Politico - May 3rd, 2026 [May 3rd, 2026]
- Indiana Primary Election Will Test Trumps Influence With Republicans - The New York Times - May 3rd, 2026 [May 3rd, 2026]
- House Republicans caved and changed the politics of government shutdowns - MS NOW - May 3rd, 2026 [May 3rd, 2026]
- Republicans concerned after Trump threatens to withdraw more US troops from Germany - The Guardian - May 3rd, 2026 [May 3rd, 2026]
- House Republicans Rollout VA Home Loan Affordability Bill for Veterans, Servicemembers, and their Families - House Committee on Veterans' Affairs... - May 3rd, 2026 [May 3rd, 2026]
- Ohio Democrats utilizing early voting in May primary more than Republicans, election data shows - WLWT - May 3rd, 2026 [May 3rd, 2026]
- Ohio Republicans fear former ICE official could cost them a battleground House seat - Politico - May 3rd, 2026 [May 3rd, 2026]
- Republicans say they will defer to Trump on Iran war despite arrival of deadline - NPR - May 3rd, 2026 [May 3rd, 2026]
- Americans Struggle with the High Cost of Living, Republicans Raise Prices - House.gov - May 3rd, 2026 [May 3rd, 2026]
- Pathetic: Republicans shy away from making Trump seek congressional approval for Iran war - MS NOW - May 3rd, 2026 [May 3rd, 2026]
- Republicans unlock filibuster-skirting power to pump billions of dollars to ICE - Politico - May 3rd, 2026 [May 3rd, 2026]
- Republicans may be cheering for this Democrat in the next gov debate - New York Post - May 3rd, 2026 [May 3rd, 2026]
- Trumps Petty Troop Withdrawal Freaks Out Republicans - The Daily Beast - May 3rd, 2026 [May 3rd, 2026]
- Republicans voice concerns over US troops withdrawal from Germany - European Interest - May 3rd, 2026 [May 3rd, 2026]
- Trump news at a glance: Top Republicans express concern over plan to withdraw troops from Germany - The Guardian - May 3rd, 2026 [May 3rd, 2026]
- Susan Collins breaks with Republicans, votes to halt military actions against Iran - Maine Public - May 3rd, 2026 [May 3rd, 2026]
- Two Republicans compete for unexpired term in West Virginias third senate district - WTAP - May 3rd, 2026 [May 3rd, 2026]
- Nashvilles May 5 primary will be decisive without Republicans on the ballot - WPLN News - May 3rd, 2026 [May 3rd, 2026]
- Republicans have to 'go on the offense' ahead of 2026 midterms: Karl Rove - Fox News - May 3rd, 2026 [May 3rd, 2026]
- Congressional Republicans are split on using taxpayer funds to build Trump's ballroom - NBC News - May 3rd, 2026 [May 3rd, 2026]
- Trump Demands GOP Eliminate Filibuster for Election Safeguards: 'Get Tough Republicans, They're Coming' - Benzinga - May 3rd, 2026 [May 3rd, 2026]
- In Virginia, Republicans attack the map and the right to vote - Democracy Docket - April 27th, 2026 [April 27th, 2026]
- Trump promised to defeat Republicans who rejected redistricting. Will it work? - WFYI - April 27th, 2026 [April 27th, 2026]
- Republicans Push for More Farm Aid as Pain Persists From Tariffs, Rising Costs - NOTUS News of the United States - April 27th, 2026 [April 27th, 2026]
- Republicans float bill requiring EBSA reports on enforcement, information-sharing agreements - Pensions & Investments - April 27th, 2026 [April 27th, 2026]
- Sky News Australia. . Overseas UK Chairman of Republicans Greg Swenson condemns CNNs reporting of the shooting at the White House Correspondents... - April 27th, 2026 [April 27th, 2026]
- A New Worry for Republicans: Latino Catholics Offended by Trump - The New York Times - April 27th, 2026 [April 27th, 2026]
- Independents and Republicans May Hold the Power in Los Angeles If They Actually Vote - The Fulcrum - April 27th, 2026 [April 27th, 2026]
- Ten Republicans voted against cruelty. In todays GOP, that takes guts: Leila Atassi - Cleveland.com - April 27th, 2026 [April 27th, 2026]
- LEADER JEFFRIES: DONALD TRUMP AND REPUBLICANS HAVE FAILED ON THE ECONOMY - Congressman Hakeem Jeffries (.gov) - April 27th, 2026 [April 27th, 2026]
- Republicans Are Tempting Fate With Floridas Redistricting - Bloomberg.com - April 27th, 2026 [April 27th, 2026]
- Conservative super PAC threatens to unseat Republicans over immigration bill - Reuters - April 27th, 2026 [April 27th, 2026]
- Assembly Republicans try to force vote on tax cuts for volunteer firefighters - Yahoo - April 27th, 2026 [April 27th, 2026]
- Trump participates in marathon Bible-reading event with other top Republicans - PBS - April 27th, 2026 [April 27th, 2026]
- Sky News Australia. . Overseas UK Chairman of Republicans Greg Swenson warns that rising political tensions in the United States are creating an... - April 27th, 2026 [April 27th, 2026]
- Big-name Republicans are balking at Trump taking a stake in Spirit Airlines. Heres why - CNN - April 27th, 2026 [April 27th, 2026]
- Sky News Australia. . Overseas UK Chairman of Republicans Greg Swenson criticises CNNs reaction to the shooting at the White House Correspondents... - April 27th, 2026 [April 27th, 2026]
- These Republicans think they can upset Gov. Tina Kotek this fall. Which one will get the chance? - OregonLive.com - April 27th, 2026 [April 27th, 2026]
- Only 8 Of 26 Republicans Investigating Epstein Say Theyre Against Pardoning Ghislaine Maxwell - Forbes - April 27th, 2026 [April 27th, 2026]
- Sky News Australia. . Overseas UK Chairman of Republicans Greg Swenson warns of the media's impact on unwell people and its potential to inspire... - April 27th, 2026 [April 27th, 2026]
- Shell Game Exposed: Republicans Are Cutting Your Medicare Benefits to Fund Tax Cuts for the 1%. - The Fulcrum - April 27th, 2026 [April 27th, 2026]
- California Republicans call it the Stop Nick Shirley Act. Heres who its supposed to help - CalMatters - April 27th, 2026 [April 27th, 2026]
- The Make America Healthy Again Movement Is Cooling on Trump and Republicans - The New York Times - April 27th, 2026 [April 27th, 2026]
- Marsha Blackburn Report: Democrats Tried to Rob Hard-working Americans, Republicans Put More Money in Their Pockets - Clarksville Online - April 27th, 2026 [April 27th, 2026]
- Republicans rush to close the gap in the final stretch of Virginia's redistricting election - NBC News - April 19th, 2026 [April 19th, 2026]
- Republicans worry White House nonsense is hurting midterm prospects - Politico - April 19th, 2026 [April 19th, 2026]
- House Republicans defend subsidizing luxury stadium suites over supporting victims of sex trafficking - Minnesota House of Representatives (.gov) - April 19th, 2026 [April 19th, 2026]
- In group chats and meetings, Republicans are privately petrified the Iran war could cost them the midterms - NBC News - April 19th, 2026 [April 19th, 2026]
- Wisconsin Republicans thumb their noses on their way out the door - Wisconsin Examiner - April 19th, 2026 [April 19th, 2026]
- TN Republicans and the politics of Christian nationalism | Opinion - The Tennessean - April 19th, 2026 [April 19th, 2026]
- Illinois House Republicans split on bill allowing eligible high schoolers to register to vote - WGLT - April 19th, 2026 [April 19th, 2026]
- David Jolly says he can rally both Democrats and frustrated Republicans to turn the state blue - Florida Politics - April 19th, 2026 [April 19th, 2026]
- Republicans Break Ranks in Humiliating Snub to Trump - The Daily Beast - April 19th, 2026 [April 19th, 2026]
- Some Republicans want to reverse GOP cuts to rural and tribal radio stations - current.org - April 19th, 2026 [April 19th, 2026]
- Chris Wright faced a big test this week. Republicans say he passed. - Politico - April 19th, 2026 [April 19th, 2026]
- Share of young men attending church is on the rise in a trend driven by Republicans, Gallup finds - Christian Post - April 19th, 2026 [April 19th, 2026]
- Two Ohio Republicans supported extending Haitian temporary protected status - The Columbus Dispatch - April 19th, 2026 [April 19th, 2026]
- Barrett gears up for tough campaign as McClain urges Republicans to stick to their guns - News From The States - April 19th, 2026 [April 19th, 2026]
- Republicans are moving to fund Homeland Security 'the hard way' after end of talks - Pittsburgh Post-Gazette - April 14th, 2026 [April 14th, 2026]
- Republicans big 2026 problem: An unhinged Trump who doesnt seem to care about them - CNN - April 14th, 2026 [April 14th, 2026]
- These are the tax cut proposals from Democrats and Republicans at the Minnesota Legislature - CBS News - April 14th, 2026 [April 14th, 2026]
- Why arent Republicans thrilled by the fall in teen pregnancies? | Arwa Mahdawi - The Guardian - April 14th, 2026 [April 14th, 2026]
- The hell with the midterms: Former NC governor says Republicans need to focus on economy, not war - NC Newsline - April 14th, 2026 [April 14th, 2026]
- Congressional Republicans are failing the Trump test - The Hill - April 14th, 2026 [April 14th, 2026]
- California Republicans are caught between Trump loyalty and winning swing districts - CalMatters - April 14th, 2026 [April 14th, 2026]
- This Is Going to Be a Tough Cycle for Us: Georgias Governor Has a Warning for Fellow Republicans - Politico - April 14th, 2026 [April 14th, 2026]
- Gov. Evers, Republicans still in talks about budget surplus - WSAW - April 14th, 2026 [April 14th, 2026]
- Republicans Were Relieved Trump Deleted an Image of Himself as Jesus - NOTUS - April 14th, 2026 [April 14th, 2026]
- Republicans pitch themselves as the best candidate to take on Kaptur - Toledo Blade - April 14th, 2026 [April 14th, 2026]
- In rebuke to Gov. Bill Lee, Tennessee Republicans fight to restore summer food program for kids - Tennessee Lookout - April 14th, 2026 [April 14th, 2026]
- Senate Republicans hold news conference after return from recess and DHS still shut down - WKNO FM - April 14th, 2026 [April 14th, 2026]
- Gov. Evers, Republicans still in talks about budget surplus - WSMV - April 14th, 2026 [April 14th, 2026]
- Mitt Romney returns to Massachusetts as a GOP outlier: "Republicans now salute and do what the president tells them." - CBS News - April 14th, 2026 [April 14th, 2026]
- WHAT THEYRE SAYING: Senate Democrats Increasingly Poised to Flip the Upper Chamber as Republicans Face Sour National Environment - dscc.org - April 14th, 2026 [April 14th, 2026]
- Republicans are moving to fund Homeland Security the hard way after end of talks - InformNNY.com - April 14th, 2026 [April 14th, 2026]
- Tennessee Republicans Are Pushing Bills Allowing Schools To Deny Enrollment To Undocumented Children - Know Your Rights Camp - April 14th, 2026 [April 14th, 2026]
- Opinion | Why Republicans Will Not Run Away From Trump - The New York Times - April 10th, 2026 [April 10th, 2026]
- Dan Patrick says Republicans will have a tough time holding Texas House majority in November - The Texas Tribune - April 10th, 2026 [April 10th, 2026]
- Republicans in Congress brace for a fight over the Iran war price tag - NPR - April 10th, 2026 [April 10th, 2026]
- Republicans Need Their Situation to Improve. Right Now, Trump isnt Helping - The Center for Politics at UVA - April 10th, 2026 [April 10th, 2026]