Oh, and then there’s an addendum strategy. When do you think Trump stopped beating his wife? Particularly on display from Senator Richard Blumenthal (D‑CT)—who leaked Gorsuch’s private comment about being dismayed at attacks on the judiciary—we’ll see much more of this as senators try to pin some of the president’s controversial pronouncements, tweets, and policies onto the elegant nominee.
Still, the results-oriented foofaraw was really quite astonishing. Ranking Member Dianne Feinstein (D‑CA) both botched the definition of originalism and then claimed that this rather standard legal theory would lead to all sorts of bad things. (It was sort of like Ted Kennedy’s “Robert Bork’s America” speech, except lacking in imagination.) Sen. Sheldon Whitehouse—who once asked me at a hearing why I thought corporations had more rights than amputee vets—railed against the corporations that have apparently bought all Republican-appointed judges (and Justice Ruth Bader Ginsburg?). And on and on, as if judges were supposed to put a thumb on scale of certain preferred parties—after checking the latest hierarchy of intersectionality of course—rather than doing their best to apply the law to the facts in a neutral manner.
The Republican senators were less memorable—perhaps because I didn’t have to take Bacardi shots for “super-precedent,” “Garland,” “Citizens United,” and the rest—but generally set a good tone. I alas was at lunch when Senators Ted Cruz (R‑TX) and Mike Lee (R‑UT), both former Supreme Court clerks, gave their remarks, but Senator Ben Sasse (R‑NE) gave a characteristically thorough explication of judges as ideally indistinguishable “black robes.” The Twitterverse has “black rober” as the early favorite for the theme of the hearings.
Of course, Tuesday the real fun begins, with each of the 20 senators taking half an hour for questioning Gorsuch. If they need any help on what to ask, here are some good suggestions from George Will, Ramesh Ponnuru, Randy Barnett/Josh Blackman, and yours truly.
But really, unless something really weird happens, this is so much about everything except the nominee. These hearings are unlikely to change a single vote on anything (filibuster or nomination). I’m just hoping they elucidate some important areas of constitutional interpretation and legal process despite (because of?) that dynamic.