Ninety Six Maine attorneys have signed a letter to Maine Senators Collins and King today opposing the confirmation of Neil Gorsuch to the Supreme Court and urging the two Senators to filibuster the nomination. Senator Collins has already endorsed Gorsuch, while not taking a position on the filibuster rule, while Senator King is still deliberating both issues.
The letter, organized by Mainers for Accountable Leadership, expressed the lawyers’ concern about Gorsuch’s extreme, conservative views and about the wisdom of confirming a lifetime appointment to the Court while the President is under federal investigation.
“Gorsuch would shape our jurisprudence for generations and his opinions show that he is not a normal candidate, but an activist judge with an extreme agenda,” said Jackie Sartoris, an attorney in Brunswick. “He consistently sides with corporate interests, and against the least powerful. His opinions on administrative agency decisions, such as the Environmental Protection Agency, show that he is even more willing to overturn federal regulations than was Justice Scalia. He treats corporations as people. And our Senators should support regular order in the Senate, which requires 60 votes to allow a confirmation vote for a Supreme Court nominee.”
“Russian intrusion in the 2016 US election and Russia’s ties to the Trump campaign have compromised the integrity and legitimacy, of this White House. Nobody should get a lifetime appointment to the Supreme Court while the investigations are underway,” said Theressa Harrigan of Cornish, an MFAL member.
The letter was drafted by Sartoris, a MFAL member who is also a leader of Brunswick Area Rising, two “Indivisible” affiliate groups. It was a direct response to a letter from 49 Maine lawyers endorsing Gorsuch released last week days before Collins endorsed Gorsuch. MFAL’s analysis of that letter revealed it was signed by a veritable who’s who of Maine’s Republican Party establishment, including attorneys connected to Collins, Governor Paul LePage and other Republican operatives and donors.
“The 49-lawyer letter seems orchestrated to provide political cover for Collins’s decision to back the extremist Gorsuch,” said April Humphrey of Yarmouth, an MFAL Leader. “Collins support of such an extreme candidate raises doubts about her moderation. And Sen. KIng needs to come off the fence and speak for Mainers in defending the filibuster rule and opposing Gorsuch”
“Over 10 million dollars have been spent by corporate-backed interests to secure Gorsuch’s seat,” said Dini Merz of Falmouth, an MFAL leader. “Regular Mainers have to work hard just to be heard against this sort of big money. This letter, from experienced professionals, reflects a broader concern Mainer’s have about this appointment.”##
The Text of the Letter:
The Honorable Susan Collins United States Senate 413 Dirksen Senate Office Building Washington, D.C. 20510
The Honorable Angus King United States Senate 133 Hart Senate Office Building Washington, D.C. 20510
Dear Senators Collins and King:
We, the undersigned Maine attorneys, oppose the nomination of Judge Neil Gorsuch for Associate Justice of the United States Supreme Court. We have reached a decision to make this request independently. We view your vote on the nomination to this lifetime appointment to be of enough gravity that we come forward publicly and urge you to vote against confirmation of Judge Gorsuch.
Our reasons for opposing the nomination of Judge Gorsuch are varied. In an effort to inform your understanding of concerns raised by this group of your constituents, this letter will touch on issues that have been raised but should not be assumed to characterize the views of each of the signers on all points.
The influence of each Supreme Court nominee on our system of justice typically continues long after a President leaves office. The decisions of the Court collectively reach into every corner of the experience of United States citizens, affects much of our nation's public policy and even touches on intimate aspects of our personal lives. The Court, to a significant degree, shapes who we are as a nation for generations to come. We, as attorneys and officers of the court, have both professional and personal investments in maintaining and strengthening respect for the rule of law and for the Judiciary. For this and other reasons, we are invested in the choices of the Justices of the Supreme Court and the Senate's "advise and consent" role.
Concerns over the Gorsuch nomination arise over a number of points ranging from the context of the current moment in American governance and the integrity of our democratic republic to various aspects of the nominee's record. Concerns arise from the following: 1) the unprecedented events that presaged this nomination; 2) the reasoning underlying a number of judicial decisions written by the nominee; and 3) other indicators from the nominee's speeches, interviews and extra-judicial writing of an agenda out of step with the mainstream of American jurisprudence.
Judge Gorsuch’s nomination takes place against an unprecedented backdrop. Just last month, F.B.I. director, James B. Comey publicly confirmed an investigation into interference by agents of the government of Russia into the presidential election and whether associates of the president were in contact with Moscow. With evidence showing, for the first time in our nation’s history, that the Presidency is occupied by a person elected with the benefit of foreign interference in our election process. Given the gravity of these concerns and the credibility of the officials and sources raising them, the issue of whether it is appropriate for the President, while an investigation is ongoing, to fill a vacancy to the Court that stands to be the final arbiter in matters arising from these events.
Concerns also center around the President's open admission that the selection process involved vetting by ideologically skewed interests groups, including specifically the Heritage Foundation and the Federalist Society. During the campaign Trump explicitly stated that if he were elected president, his judicial nominees would “all [be] picked by the Federalist Society.” He later added the Heritage Foundation to the list of vetters. These two organizations have rigid ideological views. It is reported that Judge Gorsuch is a Federalist Society member who has spoken and been honored at society events. These connections and how they could control or influence the nominee's decisions if confirmed to the Court were not laid to rest during the confirmation hearings.
In a similar vein, where prior presidents have made plain that they do not apply litmus tests to judicial nominees, candidate Trump pledged to only choose "pro-life judges" who would overturn Roe v. Wade and nominees with expansive views of Second Amendment rights. Given that this nominee was apparently chosen based on a litmus test, Judge Gorsuch needed to adequately assure us that he did not provide the assurances expected by the official who nominated him. As with other questions, Judge Gorsuch declined to go into detail on the matter.
A leading point for many of those concerned about the nominee's record of jurisprudence is concern that Judge Gorsuch too consistently demonstrates a bias in favor of business interests over the rights and interests of powerless individuals. Judge Gorsuch has written eloquently about impingement on the rights of corporations. In contrast, Gorsuch has expressed direct and explicit disapproval of individuals who in his view too readily turn to the courts to protect their civil rights and other interests. In 2005, Judge Gorsuch wrote in an essay entitled “Liberals’N’Lawsuits" published in the National Review: “American liberals have become addicted to the courtroom . . . as the primary means of effecting their social agenda on everything from gay marriage” to other issues. He went further in the same essay to say that individuals bringing cases and controversies of public concern to the courts is “bad for the country.”
Concern also arises over Judge Gorsuch's narrow view on deference to be given to scientists and policy experts during judicial review of administrative actions. In Gutierrez-Brizuela v. Lynch, Judge Gorsuch wrote not only the majority opinion but a separate concurrence to challenge the Supreme Court ruling in in the case of Chevron v. NRDC. In Chevron, the Supreme Court held that where federal law is unclear or vague, the courts should defer to interpretations by the agency experts that implement the law, except where the agencies clearly get it wrong. Chevron is a common-sense approach to judging voluminous, complicated regulations. Gorsuch disagrees with such "Chevron deference" arguing instead for judges, like himself to draw their own conclusions with far less knowledge on detailed, technical regulations. Judge Gorsuch's approach is frequently favored by regulated business entities who are more confident in their ability to convince judges instead of true experts in the field. Some people feel his hostility to Chevron deference also aligns with Steve Bannon's expressed desire to see “the deconstruction of the administrative state.”
Another concern over the Gorsuch nomination arises in connection with the issue of campaign finance. In Judge Gorsuch's concurring opinion in the case of Riddle v. Hickenlooper he wrote “[n]o one before us disputes that the act of contributing to political campaigns implicates a ‘basic constitutional freedom,’ one lying ‘at the foundation of a free society’ and enjoying a significant relationship to the right to speak and associate—both expressly protected First Amendment activities.” Here and elsewhere, Gorsuch makes plain that he believes that political money and free speech rights are inextricably linked. He supports a higher standard of review for any limits to political campaign contributions. This approach again benefits corporate interests over ordinary citizens who are not high donors.
Many observers raised concerns over what they see as Judge Gorsuch's narrow view on civil rights. His jurisprudence reveals a deep skepticism even hostility towards important civil rights that are not explicitly set forth in the Bill of Rights. Many are concerned that he will not uphold rights to privacy, autonomy and self-determination, rights to be a parent, to reproductive freedom, to engage in private consensual adult relationships, and to marry. His opinions, for example, regarding access to birth control, including in the case of Hobby Lobby Stores, Inc. v. Sebelius, put great emphasis on corporate personhood and business “religious freedom” while shortchanging rights of privacy and access to health care, particularly for women.
In short, Judge Gorsuch conveys a consistent bias towards powerful business interests over individuals and entities with less power and influence. These are among the concerns raised by Maine attorneys like those whose signatures appear below. We urge you to oppose the confirmation of Judge Gorsuch to the Supreme Court.