Mar 21, 2017

Gorsuch the Statist Activist Lies to Begin Day Two

"I am heartened by the support I have received from people who recognize that here is no such thing as a Republican or a Democratic judge. We just have judges in this country," intoned Judge Neil Gorsuch on Day Two of his confirmation hearings before the Senate Judiciary Committee.

Wow. Gorsuch must be the real deal—an intellectual jurist who modestly wishes to ascertain the law and facts in hearing federal litigation.

Don't believe it. The hearings are a blunt exercise in partisan power as blatant as exists in American society. And federal litigation is a means of Gorsuch imposing his religious, authoritarian politics.

Gorsuch is a statist activist looking to degrade the liberty claims of Americans, and he has reproductive rights and the 14th and 15th Amendments in his sights, for starters. Gorsuch will receive the vote of all Republican senators, and face the opposition from nearly all Democratic senators.

Discrimination claims, claims for liberty against incursions by the police and all manner of government, the entrenched private power of the corporation against the individual, Gorsuch would repeal decades of legal protection for Americans as a hostile Trump administration looks to inflict trauma onto American citizens.

The Fourth Amendment looks to die a quiet death if Gorsuch wins confirmation.
Consdier Justice Lewis Powell, writing for a unanimous Court in 1972, denouncing the Nixon administration’s electronic surveillance, warrantless-wiretapping program not just on Fourth Amendment grounds, but as a betrayal of the sovereign rights of citizens in a democracy to criticize their own government:

"History abundantly documents the tendency of Government - however benevolent and benign its motives - to view with suspicion those who most fervently dispute its policies. Fourth Amendment protections become the more necessary when the targets of official surveillance may be those suspected of unorthodoxy in their political beliefs. The danger to political dissent is acute where the Government attempts to act under so vague a concept as the power to protect ‘domestic security.’ Given the difficulty of defining the domestic security interest, the danger of abuse in acting to protect that interest becomes apparent. ... The price of lawful public dissent must not be a dread of subjection to an unchecked surveillance power. Nor must the fear of unauthorized official eavesdropping deter vigorous citizen dissent and discussion of Government action in private conversation. For private dissent, no less than open public discourse, is essential to our free society."

Gorsuch represents the ideological brand of statists who look at civil liberties claims with suspicion and hostility, and Justice Lewis F. Powell, (no civil libertarian), would today never have been nominated by a Republican president, so radical has become the anti-people party.

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