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| Supreme court nomination live: Trump picks Neil Gorsuch to be ninth justice | Supreme court nomination live: Trump picks Neil Gorsuch to be ninth justice |
| (35 minutes later) | |
| 3.33am GMT | |
| 03:33 | |
| Here’s where fivethirtyeight puts Gorsuch on the liberal/conservative scale of the supreme court bench (you’ll find him to the right): | |
| trump nominates neil gorsuch to the supreme court: https://t.co/xovHOjrqG3 pic.twitter.com/BuDJvwRGOn | |
| Updated | |
| at 3.35am GMT | |
| 3.14am GMT | |
| 03:14 | |
| Speaker Paul Ryan, I think, takes the prize for most effusive response to Gorsuch’s nomination, calling him a “phenomenal” pick: | |
| President Trump has fulfilled his pledge to nominate a judge who has a demonstrated loyalty to the constitution and a strong commitment to life. He is a phenomenal nominee for the supreme court. | |
| His belief in judicial restraint will serve the court – and the country – very well. I also commend his career-long fight to uphold the constitutional right of religious liberty. | |
| I am confident my colleagues in the Senate will confirm Judge Gorsuch. | |
| 3.05am GMT | |
| 03:05 | |
| Courtesy of the New York Times, here’s new Scotus nominee Neil Gorsuch on the “gross mistreatment” of judicial confirmations by the Senate: | |
| In a 2002 article … Mr. Gorsuch criticized the Senate’s handling of judicial confirmations. “Some of the most impressive judicial nominees are grossly mistreated,” he said, mentioning two candidates for the federal appeals court in Washington who he said were “widely considered to be among the finest lawyers of their generation”. | |
| One was John G Roberts Jr, who went on to become chief justice of the United States. The other was Judge Merrick B Garland, who was confirmed to the appeals court in 1997 after a long delay, but whose nomination to the supreme court last year was blocked by Senate Republicans. | |
| 2.54am GMT | 2.54am GMT |
| 02:54 | 02:54 |
| Senator Tim Kaine – Hillary Clinton’s would-be VP pick – is biding his time on a yes or no for Gorsuch: | Senator Tim Kaine – Hillary Clinton’s would-be VP pick – is biding his time on a yes or no for Gorsuch: |
| The importance of an appointment to the highest court in the land and the duty of upholding and defending our constitution demand a higher threshold for confirmation than for any other appointee. | The importance of an appointment to the highest court in the land and the duty of upholding and defending our constitution demand a higher threshold for confirmation than for any other appointee. |
| The actions of the Trump administration over the past week raise the stakes to an even higher level. | The actions of the Trump administration over the past week raise the stakes to an even higher level. |
| In considering Judge Gorsuch’s nomination and observing his confirmation hearing, I intend to carefully scrutinize his temperament and record, particularly on civil rights and other constitutional guarantees. | In considering Judge Gorsuch’s nomination and observing his confirmation hearing, I intend to carefully scrutinize his temperament and record, particularly on civil rights and other constitutional guarantees. |
| 2.40am GMT | 2.40am GMT |
| 02:40 | 02:40 |
| Lauren Gambino | Lauren Gambino |
| A short walk from the White House, protesters gathered on the steps of the supreme court to demand that Democratic senators block the appointment of Gorsuch. | A short walk from the White House, protesters gathered on the steps of the supreme court to demand that Democratic senators block the appointment of Gorsuch. |
| A coalition of liberal groups had planned the rally in advance of Trump’s announcement to spotlight the opposition to appointing a nominee who is conservative and who Trump said would repeal Roe v Wade, a decision legalizing abortion in the US. | A coalition of liberal groups had planned the rally in advance of Trump’s announcement to spotlight the opposition to appointing a nominee who is conservative and who Trump said would repeal Roe v Wade, a decision legalizing abortion in the US. |
| At the protest, Eleanor Smeal, head of the Feminist Majority, said Gorsuch was “the worst nightmare” for women and minorities who have worked to advance civil and equal rights, and called the justice’s adherence to originalism an “abomination” that would take the country back hundreds of years: | At the protest, Eleanor Smeal, head of the Feminist Majority, said Gorsuch was “the worst nightmare” for women and minorities who have worked to advance civil and equal rights, and called the justice’s adherence to originalism an “abomination” that would take the country back hundreds of years: |
| We will not go back. We’ve worked too hard … | We will not go back. We’ve worked too hard … |
| There is no way we’re returning to a 1789 interpretation of the constitution. | There is no way we’re returning to a 1789 interpretation of the constitution. |
| 2.31am GMT | 2.31am GMT |
| 02:31 | 02:31 |
| Ben Jacobs | Ben Jacobs |
| Republican senators from all wings of the party enthused about the choice. | Republican senators from all wings of the party enthused about the choice. |
| “There’s nothing not to like about Neil Gorsuch,” said Jeff Flake of Arizona. Even more enthusiastic praise came from Ben Sasse of Nebraska who told the Guardian that Gorsuch “is the kind of person that the founders envisioned sitting on the supreme court”. | “There’s nothing not to like about Neil Gorsuch,” said Jeff Flake of Arizona. Even more enthusiastic praise came from Ben Sasse of Nebraska who told the Guardian that Gorsuch “is the kind of person that the founders envisioned sitting on the supreme court”. |
| Republicans unanimously dismissed any lingering hard feelings from the Senate’s refusal to hold hearings on Merrick Garland, Obama’s nominee for the seat. | Republicans unanimously dismissed any lingering hard feelings from the Senate’s refusal to hold hearings on Merrick Garland, Obama’s nominee for the seat. |
| “I think that’s a bogus argument” said Lindsey Graham of South Carolina. “I thought it was a bit unfair when you look through the history of the country when a vacancy occurs in the last year of a sitting president and the primary process is almost over … If that’s the reason they use, it’s a bogus reason.” | “I think that’s a bogus argument” said Lindsey Graham of South Carolina. “I thought it was a bit unfair when you look through the history of the country when a vacancy occurs in the last year of a sitting president and the primary process is almost over … If that’s the reason they use, it’s a bogus reason.” |
| Others thought that Trump’s victory in November was the ultimate appeal to authority. As Ted Cruz told reporters after the announcement, the election “was a referendum on the supreme court and the direction it would go … the choice was given to the people and we the people spoke overwhelmingly.” | Others thought that Trump’s victory in November was the ultimate appeal to authority. As Ted Cruz told reporters after the announcement, the election “was a referendum on the supreme court and the direction it would go … the choice was given to the people and we the people spoke overwhelmingly.” |
| 2.23am GMT | 2.23am GMT |
| 02:23 | 02:23 |
| Senator Elizabeth Warren says she will oppose the nomination of Gorsuch: | Senator Elizabeth Warren says she will oppose the nomination of Gorsuch: |
| President Trump had the chance to select a consensus nominee to the Supreme Court. To the surprise of absolutely nobody, he failed that test. | President Trump had the chance to select a consensus nominee to the Supreme Court. To the surprise of absolutely nobody, he failed that test. |
| Warren says she has “reviewed in detail” Gorsuch’s public record: | Warren says she has “reviewed in detail” Gorsuch’s public record: |
| Before even joining the bench, he advocated to make it easier for public companies to defraud investors. As a judge, he has twisted himself into a pretzel to make sure the rules favor giant companies over workers and individual Americans. He has sided with employers who deny wages, improperly fire workers, or retaliate against whistleblowers for misconduct. He has ruled against workers in all manner of discrimination cases. And he has demonstrated hostility toward women’s access to basic health care. | Before even joining the bench, he advocated to make it easier for public companies to defraud investors. As a judge, he has twisted himself into a pretzel to make sure the rules favor giant companies over workers and individual Americans. He has sided with employers who deny wages, improperly fire workers, or retaliate against whistleblowers for misconduct. He has ruled against workers in all manner of discrimination cases. And he has demonstrated hostility toward women’s access to basic health care. |
| For years, powerful interests have executed a full-scale assault on the integrity of our federal judiciary, trying to turn the supreme court into one more rigged game that works only for the rich and the powerful. They spent millions to keep this seat open, and Judge Gorsuch is their reward … | For years, powerful interests have executed a full-scale assault on the integrity of our federal judiciary, trying to turn the supreme court into one more rigged game that works only for the rich and the powerful. They spent millions to keep this seat open, and Judge Gorsuch is their reward … |
| Based on the long and well-established record of Judge Gorsuch, I will oppose his nomination. | Based on the long and well-established record of Judge Gorsuch, I will oppose his nomination. |
| Updated | Updated |
| at 2.26am GMT | at 2.26am GMT |
| 2.17am GMT | 2.17am GMT |
| 02:17 | 02:17 |
| What happens next? | What happens next? |
| Tom McCarthy | Tom McCarthy |
| Some Democrats had pledged to filibuster Trump’s pick, in part out of retaliation for the Republicans’ refusal last year to consider the nomination of circuit court judge Merrick Garland, Obama’s selection to replace Scalia. Senate majority leader Mitch McConnell argued at the time that it would be inappropriate for a departing president – 11 months remained in Obama’s term – to make such a significant and long-term appointment. | Some Democrats had pledged to filibuster Trump’s pick, in part out of retaliation for the Republicans’ refusal last year to consider the nomination of circuit court judge Merrick Garland, Obama’s selection to replace Scalia. Senate majority leader Mitch McConnell argued at the time that it would be inappropriate for a departing president – 11 months remained in Obama’s term – to make such a significant and long-term appointment. |
| But many Democrats are wary to appear obstructionist despite mounting pressure from the liberal base to oppose any Trump nominee. | But many Democrats are wary to appear obstructionist despite mounting pressure from the liberal base to oppose any Trump nominee. |
| Under current Senate rules, which require 60 votes for a supreme court confirmation, Gorsuch would need to win the support of multiple Democrats, who count 48 Senate caucus members to the Republicans’ 52. | Under current Senate rules, which require 60 votes for a supreme court confirmation, Gorsuch would need to win the support of multiple Democrats, who count 48 Senate caucus members to the Republicans’ 52. |
| If the Democrats follow through with a filibuster, however, those rules could change. The previous Democratic leadership of the Senate changed the rules to require fewer votes for the confirmation of most executive nominees, and the current Republican leadership could make an additional change to the rules. McConnell earlier had vowed to confirm Trump’s nominee. | If the Democrats follow through with a filibuster, however, those rules could change. The previous Democratic leadership of the Senate changed the rules to require fewer votes for the confirmation of most executive nominees, and the current Republican leadership could make an additional change to the rules. McConnell earlier had vowed to confirm Trump’s nominee. |
| White House press secretary Sean Spicer downplayed the looming threat of an all-consuming political brawl over Trump’s nominee, telling reporters on Tuesday that he believed the Senate would reach the 60-vote threshold required to confirm supreme court appointees. | White House press secretary Sean Spicer downplayed the looming threat of an all-consuming political brawl over Trump’s nominee, telling reporters on Tuesday that he believed the Senate would reach the 60-vote threshold required to confirm supreme court appointees. |
| 2.06am GMT | 2.06am GMT |
| 02:06 | 02:06 |
| Nancy Pelosi, the House minority leader, tells CNN Trump has made “a very bad decision”. | Nancy Pelosi, the House minority leader, tells CNN Trump has made “a very bad decision”. |
| He has appointed someone who has come down on the side of corporate America … He comes down on the side of felons over gun safety. | He has appointed someone who has come down on the side of corporate America … He comes down on the side of felons over gun safety. |
| [He is] hostile to women’s reproductive rights … | [He is] hostile to women’s reproductive rights … |
| Pelosi says Gorsuch is “hostile to children”, ruling that children with autism are not entitled to protections for disabled children. | Pelosi says Gorsuch is “hostile to children”, ruling that children with autism are not entitled to protections for disabled children. |
| She says it’s the prerogative of the Senate to confirm Gorsuch or not: | She says it’s the prerogative of the Senate to confirm Gorsuch or not: |
| Where we’d like them to come down is to make sure that this confirmation subjects the candidate to the strongest scrutiny when it comes to honoring the constitution of the United States. | Where we’d like them to come down is to make sure that this confirmation subjects the candidate to the strongest scrutiny when it comes to honoring the constitution of the United States. |
| 1.54am GMT | 1.54am GMT |
| 01:54 | 01:54 |
| Ben Sasse – the conservative Republican senator for Nebraska who didn’t vote for Trump in November – is having a little fun with his statement (although the qualifying “hogwash” suggests he wants to be sure we don’t take the hyperbole seriously): | Ben Sasse – the conservative Republican senator for Nebraska who didn’t vote for Trump in November – is having a little fun with his statement (although the qualifying “hogwash” suggests he wants to be sure we don’t take the hyperbole seriously): |
| Neil Gorsuch is a highly-regarded jurist with a record of distinguished service, rooted in respect for the law. He was confirmed unanimously by Democrats and Republicans. | Neil Gorsuch is a highly-regarded jurist with a record of distinguished service, rooted in respect for the law. He was confirmed unanimously by Democrats and Republicans. |
| Senator Schumer is about to tell Americans that Judge Gorsuch kicks puppies and heckles piano recitals. That’s hogwash. | Senator Schumer is about to tell Americans that Judge Gorsuch kicks puppies and heckles piano recitals. That’s hogwash. |
| Democrats are working overtime to cast Judge Gorsuch as a reflexive partisan but, as I said when Justice Scalia died, there are no Republican or Democratic seats on the supreme court. This shouldn’t be a partisan debate but an opportunity to teach our kids civics. | Democrats are working overtime to cast Judge Gorsuch as a reflexive partisan but, as I said when Justice Scalia died, there are no Republican or Democratic seats on the supreme court. This shouldn’t be a partisan debate but an opportunity to teach our kids civics. |
| In the coming weeks, everyone who loves the constitution should celebrate the uniquely American idea that government power must be limited and that those in power must be checked and balanced. | In the coming weeks, everyone who loves the constitution should celebrate the uniquely American idea that government power must be limited and that those in power must be checked and balanced. |
| 1.48am GMT | 1.48am GMT |
| 01:48 | 01:48 |
| Sensing some sarcasm from the Democratic representative for California: | Sensing some sarcasm from the Democratic representative for California: |
| Just like Merrick Garland, Neil Gorsuch is a respected judge. He should receive the same type of fair & honest consideration in the Senate. | Just like Merrick Garland, Neil Gorsuch is a respected judge. He should receive the same type of fair & honest consideration in the Senate. |
| 1.46am GMT | 1.46am GMT |
| 01:46 | 01:46 |
| Republican Senate leader Mitch McConnell says Trump has made an “outstanding decision”, saying Gorsuch has: | Republican Senate leader Mitch McConnell says Trump has made an “outstanding decision”, saying Gorsuch has: |
| a long record of faithfully applying the law and the constitution. | a long record of faithfully applying the law and the constitution. |
| McConnell notes that Gorsuch was confirmed by voice vote in the Senate in 2006: | McConnell notes that Gorsuch was confirmed by voice vote in the Senate in 2006: |
| I hope members of the Senate will again show him fair consideration and respect the result of the recent election with an up-or-down vote on his nomination, just like the Senate treated the four first-term nominees of presidents Clinton and Obama. | I hope members of the Senate will again show him fair consideration and respect the result of the recent election with an up-or-down vote on his nomination, just like the Senate treated the four first-term nominees of presidents Clinton and Obama. |
| (But not like Obama’s second-term nominee Merrick Garland, he might have added, but didn’t.) | (But not like Obama’s second-term nominee Merrick Garland, he might have added, but didn’t.) |
| 1.41am GMT | 1.41am GMT |
| 01:41 | 01:41 |
| I don’t believe he’s tweeting from it himself, but Neil Gorsuch has a new verified Twitter account: @GorsuchFacts. | I don’t believe he’s tweeting from it himself, but Neil Gorsuch has a new verified Twitter account: @GorsuchFacts. |
| The bio reads: | The bio reads: |
| Judge Gorsuch will be fair to all regardless of their background or beliefs. This is exactly the kind of #SCOTUS Justice @POTUS promised. #JusticeGorsuch | Judge Gorsuch will be fair to all regardless of their background or beliefs. This is exactly the kind of #SCOTUS Justice @POTUS promised. #JusticeGorsuch |
| Join us in congratulating Judge Neil Gorsuch on his nomination for #SCOTUS! Read his bio here: https://t.co/Im2VNUG6Bk #JusticeGorsuch pic.twitter.com/7HD7Xzc29L | Join us in congratulating Judge Neil Gorsuch on his nomination for #SCOTUS! Read his bio here: https://t.co/Im2VNUG6Bk #JusticeGorsuch pic.twitter.com/7HD7Xzc29L |
| 1.36am GMT | 1.36am GMT |
| 01:36 | 01:36 |
| Where does Gorsuch stand? | Where does Gorsuch stand? |
| Tom McCarthy | Tom McCarthy |
| Gorsuch’s track record as a judge on the US court of appeals for the 10th circuit does not shed obvious light on how he might rule as a supreme court justice on hot-button topics such as abortion and marriage equality. He is the author of a book about euthanasia in which he writes, “to act intentionally against life is to suggest that its value rests only on its transient instrumental usefulness for other ends”. | Gorsuch’s track record as a judge on the US court of appeals for the 10th circuit does not shed obvious light on how he might rule as a supreme court justice on hot-button topics such as abortion and marriage equality. He is the author of a book about euthanasia in which he writes, “to act intentionally against life is to suggest that its value rests only on its transient instrumental usefulness for other ends”. |
| Ideological strands running through Gorsuch’s appeals court rulings would seem likely to endear him to congressional Republicans and Trump’s conservative base. He has shown himself to be solicitous to claims of religious exemptions from the law, to gun rights claims and to the prosecution of death penalty cases. | Ideological strands running through Gorsuch’s appeals court rulings would seem likely to endear him to congressional Republicans and Trump’s conservative base. He has shown himself to be solicitous to claims of religious exemptions from the law, to gun rights claims and to the prosecution of death penalty cases. |
| During Trump’s announcement, Gorsuch addressed the crowd briefly, declaring himself “honored and humbled” and promising to be a “faithful servant to the constitution and laws of this great country” and paying tribute to the principles of partiality, independence, collegiality and courage. | During Trump’s announcement, Gorsuch addressed the crowd briefly, declaring himself “honored and humbled” and promising to be a “faithful servant to the constitution and laws of this great country” and paying tribute to the principles of partiality, independence, collegiality and courage. |
| “A judge who likes every outcome he reaches is very likely a bad judge,” Gorsuch said, “stretching” for rulings he desires instead of reading the law on the page. | “A judge who likes every outcome he reaches is very likely a bad judge,” Gorsuch said, “stretching” for rulings he desires instead of reading the law on the page. |
| 1.32am GMT | 1.32am GMT |
| 01:32 | 01:32 |
| Chuck Schumer, the Democratic minority leader in the Senate, says Gorsuch must also be subject to the 60-vote “super-majority” rule – “a bar that was met by each of President Obama’s nominees” – rather than a simple majority confirmation: | Chuck Schumer, the Democratic minority leader in the Senate, says Gorsuch must also be subject to the 60-vote “super-majority” rule – “a bar that was met by each of President Obama’s nominees” – rather than a simple majority confirmation: |
| The burden is on Judge Neil Gorsuch to prove himself to be within the legal mainstream and, in this new era, willing to vigorously defend the constitution from abuses of the executive branch and protect the constitutionally enshrined rights of all Americans. | The burden is on Judge Neil Gorsuch to prove himself to be within the legal mainstream and, in this new era, willing to vigorously defend the constitution from abuses of the executive branch and protect the constitutionally enshrined rights of all Americans. |
| Given his record, I have very serious doubts about Judge Gorsuch’s ability to meet this standard. | Given his record, I have very serious doubts about Judge Gorsuch’s ability to meet this standard. |