Senate Democrats’ Incoherence on Gorsuch and Executive Power

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In this week’s Senate Judiciary Committee hearings on Neil Gorsuch’s nomination to the Supreme Court, look for Democrats to criticize Gorsuch for being too deferential to the Trump Administration—and, at the same time, for not being deferential enough to it.

They definitely will attack Gorsuch for being too deferential to the Trump Administration. We know this because they began to launch this attack weeks ago. Senator Chuck Schumer, the Senate minority leader, raised the issue just days after Gorsuch’s nomination: “It’s a serious concern with a president who attacks the judiciary and seems to not respect the rule of law and the Constitution that you have a really independent justice.” Days later, he made this the core point of his New York Times op-ed:

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