Sen. Rob Portman will support Neil Gorsuch for U.S. Supreme Court

WASHINGTON -- After meeting with Supreme Court nominee Neil Gorsuch, U.S. Sen. Rob Portman said Wednesday he will vote to confirm Gorsuch when the nomination comes to the Senate floor. "Judge Gorsuch has an outstanding record as a fair-minded, independent...

Sen. Rob Portman will support Neil Gorsuch for U.S. Supreme Court

WASHINGTON -- After meeting with Supreme Court nominee Neil Gorsuch, U.S. Sen. Rob Portman said Wednesday he will vote to confirm Gorsuch when the nomination comes to the Senate floor.

"Judge Gorsuch has an outstanding record as a fair-minded, independent and universally-respected judge, and, after today's meeting, I join others in offering him my support," the Ohio Republican said in a statement.

It is uncertain when, or even if, Gorsuch, a federal appeals judge in Colorado, will get a vote. Unless they change the rules, Republicans need 60 votes for the nomination to proceed, and they hold only 52 seats in the 100-member Senate.

Here's what Republicans could do if Democrats block Gorsuch

Democrats have not firmly committed to blocking Gorsuch, who has said he believes judges should look to the Constitution and consider a law's text, structure and history to guide them -- and not decide cases "based on their own moral convictions or the policy consequences they believe might serve society best."

Based on Gorsuch's appellate decisions, some Democrats say they worry that in future cases, he might vote to keep corporate money in politics and allow employers or states to deny benefits or recently enacted legal rights. Gorsuch worries abortion rights groups, although his record has left both sides in that debate uncertain.

Senate Democratic leader Charles Schumer of New York says Gorsuch has yet to answer too many important questions, even in private. They include questions about the use of executive power, claims of voter fraud and similar issues with a direct parallel or link to positions or statements by President Donald Trump.

"He told me he couldn't give me his view of any case, past or present, or any constitutional principle, because it might bias him," Schumer wrote recently in the New York Times. "This blanket excuse frustrates any examination of what kind of judge the nominee will be."

Ohio Democratic U.S. Sen. Sherrod Brown has already made up his mind. He says Gorsuch deserves a hearing but he will not vote to confirm him if the nomination gets that far.

"The people of Ohio deserve Supreme Court Justices who will defend the rights of working families over Wall Street and corporate special interests - and Judge Gorsuch's record doesn't pass that test," Brown said after Trump announced the nomination. "The Supreme Court has enormous influence over the lives of everyday Ohioans, and any nominee must be willing to defend their rights to make their own healthcare decisions, collectively bargain for safe workplaces and fair pay, and to be protected from discrimination and Wall Street greed."

Democrats believe the high court seat that Gorsuch would hold -- left vacant by the death last February of Justice Atonin Scalia -- should have been filled in 2016 by Merrick Garland. Garland, also a federal appeals judge, was nominated by President Barack Obama but Republicans refused to consider him, saying that whomever won the 2016 presidential election should get to select the nominee. 

The shunned 2016 nominee

The GOP majority used its power to schedule hearings and votes to delay a decision on Garland until the nomination expired and Trump took office. To some Democrats including Oregon's Jeff Merkley, this amounted to "stealing" the Supreme Court seat. "This is a stolen seat being filled by an illegitimate and extreme nominee," Merkley said in announcing he will try to block Gorsuch. 

Gorsuch is meeting with senators in private, part of a traditional ritual in which senators get to ask questions and often announce support or opposition.

"Judge Gorsuch and I had an engaging and productive meeting, and I enjoyed the opportunity to discuss a number of important issues with him," Portman said in a statement. "I expressed my belief that the job of a Supreme Court justice is to fairly and impartially apply the law, and to protect the rights guaranteed by the Constitution, not to legislate from the bench.

"I believe that is exactly what he will do should he be confirmed to this important position. Judge Gorsuch has an outstanding record as a fair-minded, independent and universally-respected judge, and, after today's meeting, I join others in offering him my support."

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