On the other hand, living constitutionalists believe the framers specifically wrote the Constitution in broad and flexible terms to create such a dynamic, "living" document because it grows and adapts to internal and external pressures, changing from one era and generation to the next.
After three days of testimony before the Senate Judiciary Committee, Supreme Court nominee Judge Neil Gorsuch made it clear that he adheres to originalism and textualism—the idea that statutes should be interpreted literally, without considering the legislative history and underlying purpose of the law.
That puts Gorsuch, who currently serves on the U.S. Court of Appeals for the Tenth Circuit, in a very select group who identify themselves as originalists. However, that troubles some in Congress who prefer a living constitutionalist instead.
Despite praise for his performance and his record, including the highest possible rating from the American Bar Association that Democrat senators have lauded as the "gold standard," Senate Democrats have vowed they would attempt to filibuster his nomination. The Senate Minority Leader, Chuck Schumer of New York, went to the Senate floor and announced that he would try to lead Democrats in blocking an up-or-down vote on Judge Gorsuch. The Senate's "cloture" rule requires a supermajority of 60 votes to overcome such a filibuster.
California Senator Dianne Feinstein, the Senate Judiciary Committee's top Democrat, raised concerns about Judge Neil Gorsuch's originalist philosophy during the hearings. Feinstein said, "I firmly believe the American Constitution is a living document intended to evolve as our country evolves," pointing out that, under originalism, schools would still be segregated and women would not be allowed to vote. Feinstein also said Gorsuch's previous rulings indicate he would undercut the government's ability to regulate, and she suggested "he would overturn" the Supreme Court's Roe v. Wade decision that allowed abortion.
In the more than three thousand cases he's decided on the Tenth Circuit Court of Appeals, Gorsuch has actively defended the death penalty, opposed assisted suicide, and generally supported "tough-on-crime" laws. Gorsuch has not participated in any same-sex marriage cases. However, during the hearings, he told Senator Al Franken that same-sex "marriage" is "absolutely settled law."
If Democrats band together, Senate Majority Leader Mitch McConnell, Republican from Kentucky, has threatened to pursue the so-called nuclear option eliminating the filibuster for Supreme Court selections. Senator McConnell has said he wants the Senate to confirm Judge Gorsuch to fill the vacancy, created by the death of Justice Antonin Scalia more than a year ago, before departing for a scheduled recess on April 7.
"Despite the judge's outstanding performance, his exceptional background and the extensive support he's received from people of all political leanings, we know that some Senate Democrats will continue trying to come up with any reason to delay the confirmation process," McConnell said.
Two of Judge Gorsuch's former colleagues on the United States Court of Appeals for the 10th Circuit, in Denver — Deanell Reece Tacha, appointed by President Ronald Reagan, and Robert Harlan Henry, appointed by President Bill Clinton — praised his intellect and temperament.
Judge Neil Gorsuch has done a thorough job during the recent challenging confirmation hearings. He has demonstrated that he is clearly intelligent, articulate, well-mannered and an able jurist. However, the real work is now in the hands of Christians. Interceding for those in authority is not an option. It is a biblical command. 1 Timothy 2:1-2 says, "First of all, then, I urge that supplications, prayers, intercessions, and thanksgivings be made for all people, for kings and all who are in high positions, that we may lead a peaceful and quiet life, godly and dignified in every way."
So, consider it a privilege and a responsibility to pray for Judge Gorsuch and Senate leaders as America awaits their final decision.
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Holly L. Meade writes for the Presidential Prayer Team. She has a master's degree and 20 years' experience teaching Journalism, Mass Communications and developing content for the media, including radio and television
Tags: SCOTUS Nominee, Judge Neil Gorsuch, Enduring, Senate Spotlight, Holly L. Meade,
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