What I Seek in a Supreme Court Justice

Statement

Our Constitution gives U.S. senators the power of "advice and consent" on nominees to the Supreme Court. This is a great power, and the responsibility attached is no less so.

The decisions of a Supreme Court justice affect the rights and freedoms of millions. Assessing a nominee's fitness is no easy task. Nor should it be.

There are certain qualities I seek in a judge, but first, let me identify the nonstarters:

A judge cannot be a lawmaker. In America, Congress, the representatives of the people, author our laws.

A judge cannot be a social advocate. That is not the function of an impartial judge, nor can it ever be.

Lastly, a judge cannot be a trailblazer, quick to be creative with the foundational concepts and structures of our republic. Our Constitution and our nation's laws must be respected.

So what do I look for in a nominee to our nation's highest court?

First, the person must be a follower of the Constitution. A judge must follow the laws, as written. He or she must neutrally apply the laws of Congress and uphold the Constitution as envisioned by our founders. Under no circumstances should he or she impose a personal preference.

Second, the nominee must possess the sharpest intellect and the highest academic qualifications. There must be no aspect of the law beyond a nominee's mental reach.

Third, the nominee must be a known quantity. There must be a reliable record for senators to carefully assess.

In the Senate, this investigation is carried out through the hearing process. By it, my colleagues and I will determine if President Trump's nominee, Judge Neil Gorsuch of Colorado, is fit to serve on the Supreme Court.

His education, experience, and record certainly make a compelling case.

Judge Gorsuch attended Columbia as an undergraduate before earning a law degree from Harvard and a doctorate from Oxford University. He clerked for two Supreme Court justices, worked ten years at a firm in Washington, D.C., and has served in a senior post in the Justice Department.

Judge Gorsuch currently serves as a judge on the U.S. Court of Appeals for the 10th Circuit. He has held this position for ten years. As a result, we have ten years of his legal opinions available to review. They suggest an incredibly strong commitment to the rule of law.

It is critical to note: Judge Gorsuch required Senate approval before he could take a seat on the circuit court. That approval was granted unanimously in 2006. Some very notable Democrats supported him, including Barack Obama and Joe Biden, both members of the Senate at the time.

I am looking forward to a vigorous confirmation process in the weeks and months ahead. I hope my colleagues in the Senate demonstrate the statesmanship of which they are capable and consent to give the American people that process.

Thank you for your participation in our democratic process. I look forward to visiting with you again next week.

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