During Judge Neil Gorsuch’s Senate confirmation hearings, the Democratic ranking member said something on Day 1 that should terrify every American. It got lost in the ten-hour inquisition. California Senator Dianne Feinstein made three crazy statements, but one of them, representing her party’s beliefs, is the greatest threat to American democracy seen in recent years.
Crazy statement #1 – Gorsuch should not be confirmed until Eric Garland is confirmed.
Repeating the Democratic mantra, Feinstein said that President Obama’s nominee from last year should be confirmed first. She repeated the often debunked claim that the Republicans’ refusal to hold confirmation hearings for Garland were unprecedented. The fact is, both Joe Biden and Chuck Schumer are on record as saying no Supreme Court nominee should be confirmed during an election year.
Aside from the obvious hypocrisy, it is pretty clear to those not living in an alternate reality that the Garland ship has sailed. Does Feinstein really think it is remotely possible that President Trump and Republican leadership are going to suddenly say, “You know what? Thinking twice about it, we have decided to set Judge Gorsuch’s nomination aside to consider a liberal judge recommended by Mr. Obama, who will stand against everything we believe.”
Assuming Feinstein doesn’t really expect Trump to do this, let’s play out her logic. If we cannot add another Supreme Court Justice until Garland is no longer available and of sound mind, we will wait about 20 years to name another Justice. Based on the collective ages of the current court, by that time we will be down to one or two justices. Great idea, Senator Feinstein.
Crazy statement #2 – Gorsuch must be opposed because of his intent to overturn Roe v. Wade.
When she asked him directly, he did not offer a position on abortion. When other Democrats asked him to weigh in on his position, he did not respond. Gorsuch has never ruled on abortion. Still, Sen. Feinstein is a mind-reader. She knows what no one else does. Clearly, she is going to oppose any candidate nominated by a Republican President, on the assumption that candidate is pro-life. So again, playing out her logic to its finality, it would appear to be her position that no candidate can be added to the Court under a Republican President. And she calls Republicans “obstructionists.”
But none of that is particularly dangerous. That’s just playing politics and playing to the far-left base. It is her third statement that is really, really scary.
Scary statement – about the constitution
Judge Gorsuch considers himself a constitutional originalist. This is a phrase popularized by the late Justice Antonin Scalia, whose seat Gorsuch is looking to fill. It means the Constitution has a static meaning. The goal of a Justice is to hold the Constitution and its original intent as the standard by which other laws are measured.
Feinstein said, “This is personal, but I find this originalist judicial philosophy to be really troubling. I firmly believe the American Constitution is a living document intended to evolve as our country evolves.”
The meaning of this is simple. Any Court is free to interpret the Constitution as it wishes. It doesn’t mean what it says, it means what I want it to say.
The repercussions are a clear threat to democracy as inspired by our country’s founders. Her position is a threat to a government of three distinct bodies. Simply said, the Supreme Court becomes an extension of the legislative branch.
When the party in power gets to elect Supreme Court justices based on their political positions (of what this “evolving” Constitution means today), we no longer have a judiciary branch, and our unique system of checks and balances ceases to exist.
What’s scary is that the leading Democrat on the Judiciary Committee actually says and believes such things. What’s even scarier is that no one even notices anymore.