The Corner

Law & the Courts

Mailbag, Supreme Court Edition

Email 1:

I get that you think what the Republicans did to Merrick Garland last year was constitutional. But don’t you feel a little bad for Judge Garland personally? He’s a distinguished judge who got dragged into a hyper-partisan process.

No, I don’t feel bad for Judge Garland. He was picked after Senate Republicans had done everything in their power to make clear that they were not going to proceed with a nomination until a new president was elected (and he might not have been nominated absent their statements). Republicans blocked him, moreover, by simply not doing anything. Thus there were very few attacks on his record or his character. Nobody accused him of hostility to schoolkids with autism, for example, as Nancy Pelosi has done to Gorsuch; national publications haven’t distorted his decisions, as (to pick one of many, many examples) Adam White shows Slate has done to Judge Gorsuch. I’m sure Garland would switch places with Gorsuch if he could, but there is a long list of past presidential nominees who have more cause for complaint than he does.

Email 2:

Alright already, we get it. You love Neil Gorsuch. You don’t need to keep telling us.

False. I could never love anyone who is against the dormant commerce clause.

Ramesh Ponnuru is a senior editor for National Review, a columnist for Bloomberg Opinion, a visiting fellow at the American Enterprise Institute, and a senior fellow at the National Review Institute.


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