Gorsuch touts independence in second day of hearings

UPDATE: Judge Neil Gorsuch survived more than 11 hours before the Senate Judiciary Committee Tuesday, concluding the second round of his confirmation hearing to become the next U.S. Supreme Court justice just before 9 p.m.

From the outset, Gorsuch chose his words carefully when speaking about controversial subjects and refused to comment on possible cases he may weigh in on if confirmed to the high court. One after another, Democrats attempted to poke holes in Gorsuch’s record and bring to light any possible differences of opinion he may have with President Donald Trump but failed to make him stumble.

Gorsuch told Sen. Dianne Feinstein, D-Calif., he never made a promise to Trump or to the president’s associates to overrule Roe v. Wade. Later, Sen. Richard Blumenthal, D-Conn., brought the subject up again, pressing for details on conversations about abortion between the nominee and the White House. Gorsuch admitted Trump, during his initial interview, mentioned abortion only to say it was a divisive issue—but added that Trump never mentioned Roe by name.

Blumenthal shifted his line of questioning to Trump’s comments about federal judges with whom he disagrees. The senator asked Gorsuch for his opinion about disparaging comments about the judiciary. Gorsuch responded broadly that anyone who attacks the motives or integrity of federal judges is “demoralizing” and “disheartening.” Blumenthal asked if “anyone” includes Trump. “Anyone is anyone,” Gorsuch responded.

Gorsuch was also asked about other controversial cases such as the same-sex marriage Obergefell v. Hodges ruling.

The judge said Obergefell is “absolutely settled law” and declined to share personal beliefs on same-sex marriage.

Gorsuch’s confirmation hearing will continue Wednesday morning. The committee will allow another round of questioning, and then Republicans and Democrats on the committee will bring in multiple panels of witnesses to testify for and against Gorsuch’s nomination.

OUR EARLIER REPORT (3:31 p.m.): WASHINGTON—Supreme Court nominee Neil Gorsuch pledged his impartiality Tuesday during the second day of his confirmation hearing.

Senate Judiciary Committee chairman Chuck Grassley, R-Iowa, started today’s question-and-answer marathon by asking Gorsuch if he would be able to rule against the man who nominated him to the high court—President Donald Trump.

“That’s a softball, Mr. Chairman,” Gorsuch said with a laugh. “I have no difficulty ruling for or against any party, other than what the law and the facts in a particular case require.”

On Monday, Gorsuch listened for hours as senators read carefully crafted opening statements before delivering his own. He entered the Senate committee room Tuesday with a smile and greeted his friends in the audience with hugs and fist bumps before settling under the spotlight for an expected 10 hours of questioning. Gorsuch responded to inquiries on a variety of issues, choosing not to answer those that might compromise future rulings. The judge appeared poised and comfortable throughout, assuring lawmakers his confirmation would give the United States an evenhanded and fair jurist on its highest bench.

Gorsuch, who now sits on the 10th U.S. Circuit Court of Appeals, told the committee there is no such thing as a Republican judge or a Democratic judge. He argued the judiciary is ill-equipped to legislate because that’s not its role. He also made it clear it would be inappropriate to reveal how he might rule in future cases: “I would be tipping my hand and suggesting to litigants that I have already made up my mind.”

But that didn’t stop Democrats from pressing Gorsuch to share his opinion on a number of hot-button issues.

Sen. Dianne Feinstein, D-Calif., the committee’s top Democrat, asked Gorsuch about the landmark Roe v. Wade decision.

Gorsuch called Roe a U.S. Supreme Court precedent. Feinstein asked, given its long history, if Roe is a “super-precedent.”

“It has been reaffirmed many times, I can say that,” Gorsuch said.

Later on, Sen. Lindsey Graham, R-S.C., asked whether Trump demanded Gorsuch commit to overturning Roe if confirmed to the Supreme Court.

Gorsuch insisted he “would have walked out the door” if Trump expected that from him, adding no one asked him for such a commitment.

“I have offered no promises on how I’d rule in any case, to anyone, and I don’t think it’s appropriate for a judge to do so,” he said. “A good judge doesn’t give a whit about politics or the political implications of his or her decision.”

The promise of nominating a judge in the mold of Justice Antonin Scalia was a core selling point for Trump to earn conservative support on the campaign trail. Now seven weeks after selecting Gorsuch, the White House is hoping for a swift confirmation as it navigates a minefield of other challenges.

While Gorsuch fielded questions, Trump huddled with House Republicans to drum up last-minute support for his endorsed plan to repeal and replace Obamacare. On Monday, the FBI revealed it has an ongoing investigation into the Trump campaign and possible ties to Russia. Meanwhile, the president’s revised executive order on travel and refugees remains stymied by judicial road blocks.

Sen. Pat Leahy, D-Vt., called Trump’s executive order a Muslim ban and asked Gorsuch if the United States should be able to bar persons from entry based on their religion.

Gorsuch said the president has no idea how he would rule on that case and refused to weigh in now: “It’d be grossly improper to do that.”

Leahy noted at least one lawmaker suggested Trump would have less legal trouble once Gorsuch gets confirmed.

“A lot of people say a lot of silly things,” Gorsuch replied.

Today’s hearing is expected to last well into the evening. Grassley announced Monday he plans to conclude Gorsuch’s hearing Wednesday, after questioning Republican and Democratic witnesses. He plans to hold a Judiciary Committee vote on April 3 so Gorsuch can have a full Senate vote by April 7.

Republicans have a 52-48 majority in the Senate and will need eight votes from Democrats to end debate and schedule a final vote. So far, no Democrat has publicly committed to voting for Gorsuch, although 10 represent states Trump won on Election Day.