03.09.17

‘There Is No Principled Reason To Vote Against Gorsuch’

‘Liberals Should Welcome A Nominee Like Gorsuch – Who Is Honest, Principled And Committed To Safeguarding The Rule Of Law’

DAVID C. FREDERICK, Board Member, Liberal American Constitution Society & Partner Kellogg, Hansen, Todd, Figel & Frederick Who Specializes In Supreme Court Practice: “As a longtime supporter of Democratic candidates and progressive causes… [Judge Neil] Gorsuch — my former law partner and longtime friend — is brilliant, diligent, open-minded and thoughtful. He was the only Supreme Court candidate considered by this administration that I could support. The Senate should confirm him because there is no principled reason to vote no.” (David Frederick, Op-Ed, “There Is No Principled Reason To Vote Against Gorsuch,” The Washington Post, 3/8/17)

39 JUDGE GORSUCH LAW CLERKS: ‘Our Political Views Span The Spectrum… But We Are United In Our View That Judge Gorsuch Is An Extraordinary Judge’

39 JUDGE GORSUCH LAW CLERKS: “Each of us has had the privilege of serving as a law clerk to Judge Neil M. Gorsuch of the U.S. Court of Appeals for the Tenth Circuit. We came to his chambers from sixteen different law schools in four different time zones. Following our time in his service, we have gone on to every part of the legal profession. Some of us practice in law firms or elsewhere in the private sector. Others work for nonprofits or in government service. Still others teach law. Our political views span the spectrum… But we are united in our view that Judge Gorsuch is an extraordinary judge. The undersigned are every single one of Judge Gorsuch’s former clerks not currently clerking for a Justice. All of us strongly support his confirmation as the next Associate Justice of the Supreme Court.” (39 Former Law Clerks, Letter To Sens. Grassley & Feinstein, 2/14/17)

  • CLERKS: “Judge Gorsuch’s opinions also demonstrate the courage that is crucial for a Supreme Court Justice. He is committed to respecting the limits that the Constitution imposes on governmental power. He has steadfastly protected the freedoms embodied in the Bill of Rights. He has policed the separation of powers, understanding that it serves as a bulwark of citizens’ personal liberties. And he has never feared staking out a principled position in defense of those liberties — even if he had to do so alone. If confirmed, we are confident that Judge Gorsuch’s independence — grounded in the limited powers granted to the judiciary by the Constitution — will never waver.” (39 Former Law Clerks, Letter To Sens. Grassley & Feinstein, 2/14/17)

JUSTICE KAGAN & JUDGE GORSUCH LAW CLERK: Judge Gorsuch Has ‘A Fierce Commitment To The Rule Of Law’

JASON MURRAY, Former Clerk For Justice Elena Kagan: “Well, Judge Gorsuch is, as I think everybody who knows him will tell you, a brilliant man, but a man of great integrity, humility, thoughtfulness and a careful judge admired by liberals and conservatives alike who are familiar with his judicial record.” (MSNBC’s “Live with Tamron Hall,” 2/01/2017)

  • MURRAY: “I had the pleasure of serving year-long stints as a law clerk for both Gorsuch (at the U.S. Court of Appeals for the 10th Circuit) and Kagan (at the Supreme Court). Putting the two of them in a room together would be a recipe for vigorous — though congenial — political disagreement. But despite these differences of politics, both my former bosses share a profound commitment to the rule of law. That commitment means that all litigants before them are treated evenhandedly, and that the cases they hear are judged only on the strength of the legal arguments, without regard to partisan politics.” (Jason Murray, “Liberals Should Welcome Gorsuch,” The Washington Post, 2/8/17)

JUSTICE SOTOMAYOR & JUDGE GORSUCH LAW CLERK: Judge Gorsuch ‘A True Independence To Him That Runs Through His Personal Life and Judicial Philosophy’

JANIE NITZE, Former Clerk For Justice Sonia Sotomayor: “[T]hree things stick out to me from my time as clerk for him. One is his real deep reverence and love for the Constitution and the rule of law, which came forth on a daily basis. Two was his deeply held belief in the role of the judge in our constitutional framework, which is that the judge is not there to play politics. The judge is there to enforce a law that Congress wrote, read the text of the Constitution that the Founders drafted for us. And three, I would say he’s just an incredibly kind, decent, good man.” (Fox News’ “Special Report with Bret Baier,” 1/31/2017)

  • NITZE: “I just had the great fortune to clerk for someone who had a deep reverence for the Constitution and the rule of law that we saw on a daily basis, someone who thought that the judiciary was not a place for politics. It was a place for enforcing the words of statutes, the words of the Constitution. And finally just a man who is incredibly kind, decent, really a great boss overall.” (Fox News’ “Hannity,” 2/01/2017)
  • NITZE: “[H]e is from the West and he does have this sort of western grit to him, sort of this intangible, that is hard to really quite explain. But I think that gives him a spine of steel in a way that will serve him well in the sense that there is a true independence to him that runs through his personal life and his judicial philosophy.” (Fox News’ “Special Report with Bret Baier,” 1/31/2017)

PARTNERS & FORMER PARTNERS, INCLUDING LEADERS OF THE AMERICAN CONSTITUTION SOCIETY: Judge Gorusch Is ‘Superbly Qualified,’ ‘An Outstanding Jurist,’ With ‘A Very Distinguished Background’

39 Partners And Former Partners Of Gorusch’s Former Law Firm, Including Two Leaders Of The Liberal American Constitution Society: “We are present and former partners in the law firm of Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC. We are Democrats, independents, and Republicans. Many of us have served in government, some during Republican and some during Democratic administrations; some of us have served in both. We have clerked for Supreme Court justices and appellate and district court judges appointed by Democratic and Republican presidents. We represent a broad spectrum of views on politics, judicial philosophy, and many other subjects as well. But we all agree on one thing: our former colleague, Neil M. Gorsuch – our associate – and then partner for more than a decade – is superbly qualified for confirmation to the position of Associate Justice of the Supreme Court of the United States. He is a man of character, decency, and accomplishment who merits this appointment.” (Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C. Partners And Former Partners, Letter to Sens. Grassley and Feinstein, 2/02/2017; “Leadership,” American Constitution Society Website, Accessed 2/07/2017)

  • “Neil’s equal regard for everyone extended to his work as a litigator. He zealously represented all of his clients – plaintiffs and defendants, individuals and corporations, nonprofits and small businesses, paying clients and pro bono clients – without regard to ideology. For Neil, each client deserved the best arguments that could be mustered, consistent with the facts and the law... Neil is not only a good and humble man, he is also an outstanding jurist. We are fully confident that he will decide cases on principled grounds; that he will work tirelessly to get each case right, on its particular merits; that he will be thoughtful about the views of his colleagues, and will deliberate respectfully and productively to reach consensus where that is possible; and that he will demonstrate the integrity and ability that we all saw in our years as his colleagues.” (Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C. partners and former partners, Letter to Sens. Grassley and Feinstein, 2/02/2017; “Leadership,” American Constitution Society Website, Accessed 2/07/2017)
  • “Neil is not only a good and humble man, he is also an outstanding jurist. We are fully confident that he will decide cases on principled grounds; that he will work tirelessly to get each case right, on its particular merits; that he will be thoughtful about the views of his colleagues, and will deliberate respectfully and productively to reach consensus where that is possible; and that he will demonstrate the integrity and ability that we all saw in our years as his colleagues.” (Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C. partners and former partners, Letter to Sens. Grassley and Feinstein, 2/02/2017; “Leadership,” American Constitution Society Website, Accessed 2/07/2017)

COLORADO LEGAL COMMUNITY: ‘Widely Respected Among His Disproportionately Liberal Peers’

‘He Is Fair, Decent, And Honest, Both As A Judge And A Person,’ ‘Qualified,’ ‘Decent,’ ‘Independent’

“Gorsuch, a federal appeals court judge in Denver and adjunct law professor at the University of Colorado, would seem a winning pick for Trump. He is widely respected among his disproportionately liberal peers, colleagues and students in Boulder, who describe him as brilliant, thoughtful and charming. Boulder County District Attorney Stan Garnett, a Democrat, called Gorsuch ‘very ethical’ and ‘very smart.’” (“Boulder's Neil Gorsuch Candidate For Supreme Court Vacancy?,” Boulder Daily Camera, 1/30/2017)

200+ COLORADO LAWYERS: “As members of the Colorado legal community, we are proud to support the nomination of Judge Neil Gorsuch to be our next Supreme Court Justice. We hold a diverse set of political views as Republicans, Democrats, and Independents. Many of us have been critical of actions taken by President Trump. Nonetheless, we all agree that Judge Gorsuch is exceptionally well-qualified to join the Supreme Court. He deserves an up or down vote.” (CO Lawyers, Letters To Sens. Michael Bennet & Cory Gardner, 2/23/17)

  • “We know Judge Gorsuch to be a person of utmost character. He is fair, decent, and honest, both as a judge and a person. His record shows that he believes strongly in the independence of the judiciary. Judge Gorsuch has a well-earned reputation as an excellent jurist.” (CO Lawyers, Letters To Sens. Michael Bennet & Cory Gardner, 2/23/17)

“Norm Brownstein and Steve Farber, two giants in Colorado’s legal and political world, joined with dozens of attorneys from the state this week in signing a letter to U.S. Sens. Michael Bennet and Cory Gardner urging them to support the confirmation of conservative Judge Neil Gorsuch to the U.S. Supreme Court.” (“Prominent Colorado Attorneys Call For Neil Gorsuch To Be Confirmed,” The Denver Post, 2/1/17)

DAVID LANE, Democrat & Denver Plaintiff’s Attorney: “He is a very, very smart man... he's qualified to be on the Supreme Court... I don't know that Judge Gorsuch has a political agenda and he is sincere and honest and believes what he writes.” (“Gorsuch: Conservative Court Nominee Praised By Some Liberals,” AP, 1/31/17)

MARCI GLENN, Democrat & Denver Attorney: “He's smart, he's independent — thank the Lord...” (“Gorsuch Has Conservative Pedigree,” AP, 1/31/17)

LIBERAL LEGAL LUMINARIES: 'A Brilliant Mind,’ ‘A Kind, Sensitive And Caring Human Being,’ ‘[H]e Follows The Law As Best As He Can Wherever It Might Lead’

YALE LAW PROFESSOR E. DONALD ELLIOTT: “For moderate democrats, Judge Gorsuch is as good as it gets… I have known him personally for more than a decade, since he was an attorney in the Justice Department. He is a brilliant mind, but more important he is a kind, sensitive and caring human being. Judge Gorsuch tries very hard to get the law right... [H]e follows the law as best as he can wherever it might lead. Judge Gorsuch has demonstrated in his rulings that he believes the judiciary has a sworn duty to protect individual liberties, even when they lack broad public support... More important is putting on the court someone like Neil Gorsuch—a good person with solid values—to decide, as the law requires, future controversies that we have yet to dream.” (E. Donald Elliott, Op-Ed, “For Moderate Democrats, Judge Gorsuch Is As Good As It Gets,” The Wall Street Journal, 2/06/2017)

NEAL KATYAL, Former Solicitor General Under President Obama: “…we come from different sides of the political spectrum. I was an acting solicitor general for President Barack Obama; Judge Gorsuch has strong conservative bona fides and was appointed to the 10th Circuit by President George W. Bush. But I have seen him up close and in action, both in court and on the Federal Appellate Rules Committee (where both of us serve); he brings a sense of fairness and decency to the job, and a temperament that suits the nation’s highest court... I have no doubt that if confirmed, Judge Gorsuch would help to restore confidence in the rule of law. His years on the bench reveal a commitment to judicial independence — a record that should give the American people confidence that he will not compromise principle to favor the president who appointed him.” (Neal Katyal, Op-Ed, “Why Liberals Should Back Neil Gorsuch,” The New York Times, 1/31/2017)

LAURENCE TRIBE, Legal Mentor To President Obama: “…Gorsuch is a brilliant, terrific guy who would do the Court's work with distinction.” (Twitter, @Tribelaw, 2/1/17)

“[Constitutional scholar and longtime Harvard Law professor Alan] Dershowitz said Gorsuch is ‘among the best people on that list of 21’ potential nominees Trump had rolled out during the campaign, adding, ‘He’ll be hard to oppose on the merits.’ … Dershowitz said, adding Gorsuch has a reputation as a ‘very easy guy to get along with.’” (“Dershowitz: Gorsuch ‘Smart Appointment,’ ‘Hard to Oppose,’” Newsmax, 1/31/2017)

JONATHAN TURLEY, Liberal Law Professor At George Washington Law School: “Gorsuch is an intellectual leader. He fits the bill for those people that view Scalia[‘s death] as the loss of an intellectual icon. Gorsuch has that depth of analysis that you see in his opinions. He has a true sense of his jurisprudence, so he’ll come to the court with a very strong record, a very powerful writer and a very considerable intellect.” (Fox News’ “The First 100 Days,” 1/31/17)

FORMER CLASSMATES: ‘We Unanimously Believe Neil Possesses The Exemplary Character, Outstanding Intellect, Steady Temperament, Humility And Open-Mindedness To Be An Excellent Addition To The United States Supreme Court’

HARVARD LAW CLASSMATES: “We are Democrats, Republicans, Libertarians and independents; progressives, conservatives and moderates; religious and non-observant; married, single and divorced; men and women; straight and gay. Our group includes citizens residing abroad and a U.S. resident holding a green card. We live in big cities, rural America and places in between. Some of us supported Hillary Clinton, others voted for Donald Trump, while some of us supported thirdparty or write-in candidates. Some signatories believe in a more active judiciary, while others believe in judicial restraint. What unites us is that we attended law school with Judge Neil Gorsuch—a man we’ve known for more than a quarter century—and we unanimously believe Neil possesses the exemplary character, outstanding intellect, steady temperament, humility and open-mindedness to be an excellent addition to the United States Supreme Court.” (Harvard Law Alumni, “Why We Support Neil Gorsuch For The Supreme Court,” RealClearPolitics, 3/9/17)

  • “Judge Neil Gorsuch is a person for all seasons. For Republicans, Neil personifies a disinterested philosophy that respects judicial modesty combined with compassionate appreciation of the lives impacted by his decisions. For Democrats, he is a reasonable, qualified, intelligent person who will give each case fair and impartial consideration on its merits with sensitivity to our nation’s history, values, aspirations and constitutional traditions. For all Americans, he is a person of integrity who respects the rule of law and will ensure that it applies equally to all.” (Harvard Law Alumni, “Why We Support Neil Gorsuch For The Supreme Court,” RealClearPolitics, 3/9/17)

COLUMBIA CLASSMATES: “We are Columbia University alumni who attended the school during the years Judge Neil M. Gorsuch was there, and we enthusiastically write in support of his nomination to the United States Supreme Court. Among us are CEOs and stay at home parents, finance executives and professors, lawyers and doctors, writers and artists, actors and musicians, entrepreneurs and engineers, scientists and salespeople, a public company president and a public school principal. We hail from across this great country: North to South, East to West, and most places in between. We are of different faiths and ethnic and socio-economic backgrounds. We are Democrats, Republicans and Independents. As diverse as we are, we share a common belief that Neil Gorsuch would be an exemplary Associate Justice of the United States Supreme Court.” (Columbia Alumni, Letter To Sens. Grassley & Feinstein, 3/7/17)

  • “Those of us who were fortunate enough to know Neil Gorsuch during our time at Columbia are, however, united in our belief that he would serve our country with honor and distinction on the Supreme Court.” (Columbia Alumni, Letter To Sens. Grassley & Feinstein, 3/7/17)

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SENATE REPUBLICAN COMMUNICATIONS CENTER

Related Issues: Nominations, Supreme Court, Judicial Nominations