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| What to Watch: Will Democrats Be More Aggressive With Gorsuch? | |
| (about 4 hours later) | |
| ■ Judge Neil M. Gorsuch said during a second day of questioning on Wednesday that he would keep an open mind on having cameras in the Supreme Court. | |
| ■ Byron White’s Supreme Court hearing took only 90 minutes. Judge Gorsuch’s is in its third day. | |
| Here are some highlights so far: | |
| It has been the custom of Supreme Court nominees to endorse video coverage of arguments in the court during their confirmation hearings — only to retreat later on. Judge Gorsuch would not even go that far. | |
| Senator Charles E. Grassley, the Iowa Republican who heads the Senate Judiciary Committee, asked the Judge Gorsuch on Wednesday morning to keep an open mind on the topic. The judge agreed to do that much. | |
| On Tuesday, Judge Gorsuch said of cameras in the courtroom that “it’s not a question that I confess I’ve given a great deal of thought to,” adding that, “I’ve experienced more cameras in the last few weeks than I have in my whole lifetime by a long, long way.” | |
| The last two successful nominees, Justices Elena Kagan and Sonia Sotomayor, endorsed camera coverage at their hearings. | |
| “I have had positive experiences with cameras,” Justice Sotomayor said in 2009. | |
| In 2010, Justice Kagan said video coverage “would be a great thing for the institution, and more important, I think it would be a great thing for the American people.” | |
| After joining the court, the two justices started expressing doubts about the value of letting citizens see their government at work. | |
| Mr. Grassley began on Wednesday by noting — a bit wistfully — that Judge Gorsuch’s former boss, Justice Byron R. White, coasted through his Supreme Court confirmation hearing in 90 minutes. | |
| Now, that’s how long it takes three senators (out of 20 on the committee) to complete their questioning. | |
| “I’m sure that you needed your rest,” Mr. Grassley said to Judge Gorsuch. Mr. Grassley said he was “prepared to stay as long as we need” to get through the rest of the questions from senators. | |
| Mr. Grassley also deemed himself an effective prognosticator. | |
| “Yesterday I predicted that you’d get asked a lot of questions that it wouldn’t be right for you to answer,” Mr. Grassley said, suggesting both parties had their share of offenders. “And unfortunately, I was right.” | |
| The nation’s first extended look at Judge Gorsuch in an unscripted setting revealed a smooth performer who shared some qualities with Chief Justice John G. Roberts Jr., who handled his 2005 confirmation hearings with such deep reserves of poise and wit that he was said to have retired the trophy. | |
| Judge Gorsuch’s testimony was folksier, a little more combative and a little more canned. But he shared the chief justice’s ability to describe complex legal doctrines without taking a position on how they applied to actual controversies. | Judge Gorsuch’s testimony was folksier, a little more combative and a little more canned. But he shared the chief justice’s ability to describe complex legal doctrines without taking a position on how they applied to actual controversies. |
| Democratic senators struggled to break through that approach, and they were often left frustrated. Judge Gorsuch’s preparation was obvious, and he did not hesitate to go on at length to display it. | Democratic senators struggled to break through that approach, and they were often left frustrated. Judge Gorsuch’s preparation was obvious, and he did not hesitate to go on at length to display it. |
| The rounds of questions on Wednesday will drop from 30 to 20 minutes, and the tighter sessions will make it even harder to nail down Judge Gorsuch’s legal positions. | The rounds of questions on Wednesday will drop from 30 to 20 minutes, and the tighter sessions will make it even harder to nail down Judge Gorsuch’s legal positions. |
| As Tuesday’s session went well into the evening, Judge Gorsuch grew noticeably tired, trading some of his folksy banter for an occasionally more combative tone. Wednesday’s session will be shorter but still substantial, and a weary judge may be more likely to make a misstep. | As Tuesday’s session went well into the evening, Judge Gorsuch grew noticeably tired, trading some of his folksy banter for an occasionally more combative tone. Wednesday’s session will be shorter but still substantial, and a weary judge may be more likely to make a misstep. |
| Democratic senators are likely to question further whether Judge Gorsuch feels a debt of gratitude to President Trump, who appointed him, and to the conservative legal groups who supported his nomination, among them the Federalist Society and the Heritage Foundation. | Democratic senators are likely to question further whether Judge Gorsuch feels a debt of gratitude to President Trump, who appointed him, and to the conservative legal groups who supported his nomination, among them the Federalist Society and the Heritage Foundation. |
| Judge Gorsuch may respond as he did on Tuesday, with emphatic general statements that he will treat all litigants fairly. About Mr. Trump, he may again say that “no man is above the law.” | Judge Gorsuch may respond as he did on Tuesday, with emphatic general statements that he will treat all litigants fairly. About Mr. Trump, he may again say that “no man is above the law.” |
| The challenge for Democrats will be to try to elicit more specific statements about Trump administration policies, notably the initial and revised travel bans, both of which have sustained losses in the courts. | The challenge for Democrats will be to try to elicit more specific statements about Trump administration policies, notably the initial and revised travel bans, both of which have sustained losses in the courts. |
| Democratic senators spent only a little time questioning Judge Gorsuch about Mr. Trump’s criticism of judges who had ruled against his administration in the travel ban case and against one of his businesses. He answered, as he often did, with what sounded like prepared remarks. | Democratic senators spent only a little time questioning Judge Gorsuch about Mr. Trump’s criticism of judges who had ruled against his administration in the travel ban case and against one of his businesses. He answered, as he often did, with what sounded like prepared remarks. |
| “I care deeply about the independence of the judiciary,” he said late on Tuesday. “When anyone criticizes the honesty or integrity or motives of a federal judge, I find that disheartening and demoralizing.” | “I care deeply about the independence of the judiciary,” he said late on Tuesday. “When anyone criticizes the honesty or integrity or motives of a federal judge, I find that disheartening and demoralizing.” |
| That was the verbal formula Judge Gorsuch had used while visiting Senator Richard Blumenthal, Democrat of Connecticut, before the hearings. | That was the verbal formula Judge Gorsuch had used while visiting Senator Richard Blumenthal, Democrat of Connecticut, before the hearings. |
| It was Mr. Blumenthal who raised the issue again on Tuesday. He asked Judge Gorsuch whether his general statement applied to Mr. Trump. | It was Mr. Blumenthal who raised the issue again on Tuesday. He asked Judge Gorsuch whether his general statement applied to Mr. Trump. |
| “Anyone is anyone,” Judge Gorsuch said. Mr. Blumenthal said he had hoped for a little more outrage and suggested he would return to the topic on Wednesday. | “Anyone is anyone,” Judge Gorsuch said. Mr. Blumenthal said he had hoped for a little more outrage and suggested he would return to the topic on Wednesday. |
| Judge Gorsuch was asked about District of Columbia v. Heller, the Second Amendment case. He was asked about Citizens United, the campaign finance case. About Roe v. Wade, which established a constitutional right to abortion. About Bush v. Gore, which handed the 2000 election to George W. Bush. About Gideon v. Wainwright, which required the government to provide lawyers to poor people accused of serious crimes. | Judge Gorsuch was asked about District of Columbia v. Heller, the Second Amendment case. He was asked about Citizens United, the campaign finance case. About Roe v. Wade, which established a constitutional right to abortion. About Bush v. Gore, which handed the 2000 election to George W. Bush. About Gideon v. Wainwright, which required the government to provide lawyers to poor people accused of serious crimes. |
| He refused to bite. All were precedents of the Supreme Court entitled to respect, he said, while declining to express his own views. If senators are to get fuller answers about those or other decisions, they will have to find a new strategy. | He refused to bite. All were precedents of the Supreme Court entitled to respect, he said, while declining to express his own views. If senators are to get fuller answers about those or other decisions, they will have to find a new strategy. |