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Supreme Court nominee: Senators clash at Neil Gorsuch hearing Supreme Court nominee: Senators clash at Neil Gorsuch hearing
(about 1 hour later)
Senators have clashed at the confirmation hearing for Supreme Court nominee Neil Gorsuch over why the post was not filled under President Obama. Senators have clashed fiercely at the confirmation hearing for Donald Trump's Supreme Court nominee Neil Gorsuch.
The seat was vacated with the death of Justice Antonin Scalia 13 months ago. The seat was vacated by the death of Justice Antonin Scalia 13 months ago.
Democrats railed at a "historic dereliction of duty" in not granting a hearing for Mr Obama's choice. There were angry exchanges among Democrats and Republicans over why Barack Obama's choice for the post had not been given a hearing last year.
Republicans said that would have left Justice Scalia's legacy "in grave danger" and handed the democratic process to "five unelected lawyers". Mr Gorsuch is yet to be questioned, but in a short address strongly backed an independent judiciary and said that judges cannot by lawmakers.
Neil Gorsuch largely took a back seat early on at the Senate Judiciary Committee hearing. He will be the last on Monday to deliver his address, and will face questions on Tuesday and Wednesday. He largely took a back seat on the first day of the Senate Judiciary Committee hearing. He faces a tough grilling on Tuesday and Wednesday.
The hearing began with addresses from the chairman, Republican Chuck Grassley, and ranking Democrat Dianne Feinstein. Before he spoke, Democrats lined up to berate Republicans for blocking Mr Obama's nomination of federal appeals court judge Merrick Garland as Justice Scalia's replacement.
Mr Grassley hailed Mr Gorsuch's "exceptional record", saying he had shown unfailing commitment to "the preservation of our constitutional order and the separation of powers". Ranking Democrat Dianne Feinstein said she was "deeply disappointed that it is under these circumstances that we begin this hearing".
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But Ms Feinstein began by citing the Republicans' block on Barack Obama's nomination of federal appeals court judge Merrick Garland to replace Justice Scalia.
She said she was "deeply disappointed that it is under these circumstances that we begin this hearing".
Democrat Senator Dick Durbin told Mr Gorsuch: "Your nomination is part of a Republican strategy to capture our judicial branch of government."Democrat Senator Dick Durbin told Mr Gorsuch: "Your nomination is part of a Republican strategy to capture our judicial branch of government."
Fellow Democrat Senator Sheldon Whitehouse said he feared Mr Gorsuch's appointment could lead to another "Republican 5-4 special interest spree".Fellow Democrat Senator Sheldon Whitehouse said he feared Mr Gorsuch's appointment could lead to another "Republican 5-4 special interest spree".
If Mr Gorsuch, 49, is approved by the Senate he would restore a 5-4 conservative majority on America's highest court.If Mr Gorsuch, 49, is approved by the Senate he would restore a 5-4 conservative majority on America's highest court.
But Senate Republicans pointed to a quote by then Judiciary Committee chairman, the Democrat Joe Biden, in 1992 saying then President George HW Bush should not name a nominee to any Supreme Court post until after the upcoming election.But Senate Republicans pointed to a quote by then Judiciary Committee chairman, the Democrat Joe Biden, in 1992 saying then President George HW Bush should not name a nominee to any Supreme Court post until after the upcoming election.
Senator Lindsey Graham said if the Democrats had been in the same position last year they would have acted the same way.Senator Lindsey Graham said if the Democrats had been in the same position last year they would have acted the same way.
"I don't think any injustice has been done," he said."I don't think any injustice has been done," he said.
Republican Ted Cruz said "Justice Scalia's legacy would have been in grave danger" if Mr Obama's choice had been allowed.Republican Ted Cruz said "Justice Scalia's legacy would have been in grave danger" if Mr Obama's choice had been allowed.
How does the process work?
"We would have seen the democratic process controlled by five unelected lawyers in Washington DC," he said."We would have seen the democratic process controlled by five unelected lawyers in Washington DC," he said.
In delaying the choice until after the election, "the American people played a very direct role in choosing this nominee", he said.In delaying the choice until after the election, "the American people played a very direct role in choosing this nominee", he said.
As far as Mr Gorsuch's qualification for the post was concerned, senators did not dispute his "impeccable academic record". As far as Mr Gorsuch's qualification for the post was concerned, senators did not dispute his achievements.
Committee chairman, Republican Chuck Grassley, hailed Mr Gorsuch's "exceptional record", saying he had shown unfailing commitment to "the preservation of our constitutional order and the separation of powers".
Mr Graham, although pointing out his well-known opposition to Donald Trump's election campaign, said the president should be praised for picking the "best choice available".Mr Graham, although pointing out his well-known opposition to Donald Trump's election campaign, said the president should be praised for picking the "best choice available".
Republican John Cornyn said there was a "broad spectrum of people supporting your nomination". When he came to speak, Mr Gorsuch championed neutral judges and an independent judiciary, saying: "Each generation must carry the baton or watch it fall."
How does the process work? He said: "If judges were just secret legislators, declaring not what the law is but what they would like it to be, the very idea of a government by the people and for the people would be at risk."
However, some Democrats hinted at the issues that would form part of his grilling over the next two days. He added: "These days we sometimes hear judges cynically described as politicians in robes, seeking to enforce their own politics rather than striving to apply the law impartially. If I thought that were true I'd hang up the robe."
The first was whether Mr Gorsuch would be too close to Mr Trump. Some Democrats hinted at the issues that would form part of his grilling over the next two days:
Patrick Leahy asked: "Will you rubberstamp a president whose administration has asserted that executive power is not subject to judicial review?"
President Trump has lambasted judges for ruling against his bid to restrict travel from certain Muslim-majority nations, a subject that may come up for Mr Gorsuch.
The second was abortion rights. Ms Feinstein emphasised that the landmark 1973 ruling, Roe vs Wade, was a "super precedent" that should be protected.
A third was employer rights.
Democrats seized on the case of lorry driver Alphonse Maddin.
He was told to stay in his freezing vehicle for hours after it broke down. After he disobeyed the order he was fired. Judge Gorsuch gave a dissenting ruling on a three-judge panel, writing it was not up to judges to answer whether the employer's decision was "wise or kind".
But Mr Cornyn praised Mr Gorsuch for following the law "where it leads, that's how the rule of law works", whether that meant rulings for employees or employers, or whether they were pro- or anti-government.
Democrat Senator Mazie Hirono was arguably the toughest on Mr Gorsuch, questioning him on the lorry driver case, as well as on minorities and women's rights.
She said Mr Gorsuch "rarely seems to find in favour of the little guy", asking: "We need to know what's in your heart."
Limited options
It is unclear whether Democrats will try to block Mr Gorsuch's confirmation.It is unclear whether Democrats will try to block Mr Gorsuch's confirmation.
If they do, their options are limited.If they do, their options are limited.
Republicans control the Senate and they can change the chamber's rules to make it easier to confirm Mr Gorsuch if any attempt is made to block him.Republicans control the Senate and they can change the chamber's rules to make it easier to confirm Mr Gorsuch if any attempt is made to block him.
They hope to have Judge Gorsuch, currently a judge on the Denver-based 10th US Circuit Court of Appeals, confirmed before Congress leaves for recess on 7 April.They hope to have Judge Gorsuch, currently a judge on the Denver-based 10th US Circuit Court of Appeals, confirmed before Congress leaves for recess on 7 April.