The Case for a Moderate Supreme Court

Our founding fathers warned against the dangers of extreme partisanship.

President Donald J. Trump’s nominee for the Supreme Court, Judge Neil Gorsuch, possesses a judicial voting record that is outside the mainstream and rated as more conservative than the record of the late Justice Antonin Scalia.

By contrast, the record of Justice Anthony Kennedy is rated as moderately conservative and there are other highly qualified judges rated in a similar range.

In Federalist Paper 78, Alexander Hamilton praised the “moderation of the judiciary” and warned that a partisan court could “sap the foundations of public and private confidence, and…introduce in its stead universal distrust and distress.”

In words prophetic for today, Hamilton warned that “no man can be sure that he may not be to-morrow the victim of a spirit of injustice, by which he may be a gainer to-day.”

We respectfully call on the United States Senate to:

1. Reject and filibuster the nomination of Neil Gorsuch due to his highly partisan record.

2. Maintain the Senate rule requiring 60 votes to end debate on Supreme Court nominees. This rule ensures nominees have broad support in the Senate.

3. Encourage President Donald Trump to propose a moderate nominee.

The majority party today could be the minority party tomorrow. We should support moderate nominees for the highest court in the land.

Please sign the petition to tell the U.S. Senate to 1) Filibuster Neil Gorsuch’s nomination, 2) Keep the 60 Vote Cloture Rule, and 3) Call for a Moderate Supreme Court Nominee.

And please call your Senators to express these three aims. Your Senators’ state and DC office numbers can be found at http://phoneyourrep.comSometimes it’s easier to get through to state offices.

Get updates on this action at http://moderatecourt.com.

References:

Black, Ryan C. and Owens, Ryan J., Estimating the Policy Preferences of Judge Neil M. Gorsuch (February 10, 2017). Available at SSRN: https://ssrn.com/abstract=2915233 Referenced in Washington Post: http://wapo.st/2lgG3Hx

Epstein, Lee, Martin, Andrew D. and Quinn, Kevin. President-Elect Trump and his Possible Justices. (December 15, 2016). Available at http://pdfserver.amlaw.com/nlj/PresNominees2.pdf Referenced in New York Times: https://nyti.ms/2jSNIIG

More resources on Judge Gorsuch’s extremely partisan record: examples include being the only judge out of seven to rule that a company was in its rights to fire a trucker because he made a choice to avoid potentially freezing to death, ruling against the rights of students with disabilities, and arguing for a judicial philosophy that would make it harder for agencies to enforce environmental laws and other statutes. See PFAW’s Stop Gorsuch campaign (http://www.pfaw.org/stop-gorsuch) and recent Democracy Now article (http://bit.ly/gorsuchtrucker).

Note: This project is volunteer created and not affiliated with any organization or company. http://moderatecourt.com

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