ELDER PATRIOT – Donald Trump has been moving at the breakneck speed to keep the promises he made during his campaign. Until last night, that is. Last night, Trump named the venerated Antonin Scalia’s successor and, if Neil Gorsuch’s track record is any indication, the president may have appointed a jurist with an even better judicial orientation than the deceased Supreme Court giant. That’s right, Trump may have identified a jurist even better suited for today’s world than the judicial giant himself.
The highly respected liberal Harvard Law Professor Alan Dershowitz could only make two political arguments against Trump’s latest appointment claiming the seat was stolen from Obama and the Democrats, and his ideological bent doesn’t suit the Democrats’ agenda.
Neither reason will block this highly qualified nominee from becoming the United States next Supreme Court Justice. And, this should have those mourning the loss of Scalia’s superior intellect and devotion to the Constitution satisfied that in Gorsuch Trump might be replacing Joe DiMaggio with Mickey Mantle.
Not only was Gorsuch ranked highest on a Scalia-ness scale created by legal scholars who have studied his writings but he has a judicial orientation that might make him better suited to save America from the overreach of the out-of-control federal bureaucracy that has been dragging down our country’s economy and eviscerating our individual freedoms.
Where Scalia generally sided with the bureaucrats’ interpretation of statutory ambiguity, a principle known as Chevron, Judge Gorsuch has a different view of the relationship between government and the people.
In Gutierrez-Brizuela v. Lynch, Gorsuch provided insight to his skepticism over giving unelected bureaucrats that kind of power when he wrote, “[T]he fact is Chevron…permit[s] executive bureaucracies to swallow huge amounts of core judicial and legislative power and concentrate federal power in a way that seems more than a little difficult to square with the Constitution of the framers’ design.”
The Chevron principle allows bureaucrats broad interpretative powers that, far too often, have led to radical application of the law with no political consequences for those elected officials who made and approved the bureaucratic appointees whose decree becomes law.
The fact is if our elected officials were forced to vote on many of the rulings made by these bureaucrats they would likely not be able to get re-elected. Chevron has done as much to separate the American people from their personal wealth and their Constitutionally guaranteed rights as any decisions made by the Supreme Court.
That alone should have Americans demanding the Senate to move quickly to approve Gorsuch’s nomination.