March 21, 2017

Word: Elizabeth Warren on Gorsuch

Elizabeth Warren, Boston Globe - Even before his elevation to the bench, Gorsuch’s right-wing, pro-big business views were clear. For example, he wrote an article arguing that liberals are too addicted to the court system and should keep important social issues like gay marriage, physician-assisted suicide, and school vouchers out of the courts. Notably absent was a similar critique of conservatives who pursue their interests in the court system. And Gorsuch has advocated for making it harder for investors and shareholders to bring lawsuits when companies commit securities fraud.

On the bench, his judicial decisions show a remarkable ability to shape and re-shape legal arguments in ways that benefit large corporations and disadvantage ordinary people seeking justice. In the Burwell v. Hobby Lobby Stores case, when he had to choose between the “rights” of corporations and the rights of women, Gorsuch sided with corporations. In consumer protection cases, when he had to choose between the “rights” of corporations and the rights of swindled consumers, Gorsuch sided with corporations. In discrimination cases, when he had to choose between the “rights” of corporations and the rights of employees to be free from harassment and abuse, Gorsuch sided with corporations.

Gorsuch has taken positions that are even more extreme than his extremely conservative colleagues. When it comes to the rules that protect public health and safety, Gorsuch is more radical than Scalia was. Gorsuch believes that courts should not be required to defer to expert agency interpretations of their governing laws. If he had his way, he’d make it even easier for corporations to challenge health and safety rules that prevent them from polluting our air and water, poisoning our food, undermining public safety, or cheating people out of their hard-earned savings.

...There is only one question that should guide us in that decision: whether the nominee will defend equal justice for every single one of us — rich or poor, black or white, female or male, gay or straight, popular or unpopular. Gorsuch’s record shows that he is not that nominee.

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