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Gorsuch's Hollow Rationale For Evasion

News & Analysis

Throughout his confirmation hearing so far, Judge Gorsuch has bobbed and weaved around every attempt to get at the most important issue: his approach to judging.  He won’t give even a hint on how he would have ruled in cases that the Supreme has already decided, whether recently or long ago.

His explanation:  If he gives his opinion on an already-decided case, he’ll be seen as having pre-judged subsequent cases building off the already-decided one.

Under this reasoning, once the Supreme Court issues an opinion—revealing how each justice voted and analyzed the case—then all the justices have pre-judged all future cases building off of that one case.

It’s ridiculous and should be condemned as such.