The Case Against Gorsuch: Things Fall Apart

, Malcolm A. Kline, Leave a comment

image screenshot from White House live video

Well, the best and the brightest on the Left are amassing their forces for a full-scale frontal assault on President Trump’s first Supreme Court nomination. The problem for them is, they don’t have much ammunition.

Former President Obama’s favorite think tank, the Center for American Progress (CAP), almost tried to do it algebraicly in their seminar on “Trump, Gorsuch, and the Concentration of Economic Power.” The problem, as that formulation suggests, is that even if you buy the basic premise, you have to admit that the “economic power” got concentrated under their favorite president.

The panelists who kicked around the topic didn’t have much more luck when they got “into the weeds,” as it were. For example, Deepak Gupta claimed that Judge Gorsuch alleged that “class actions were nothing but a free ride to riches.” Actually, that’s not a hard case to make. Gupta also claimed that “cash-strapped public administrators” were struggling to do their jobs in regulating business. This is only possible to say with a straight face at CAP, where they never have to encounter any of these beleaguered bureaucrats.

Todd A. Cox of the NAACP Legal Defense and Educational Fund claims that the Congressional Review Act (CRA), whereby Congress can overturn recent regulations that cost $100 million, is an attack on civil rights. As most of the federal regulations in question are environmental ones, this too is a bit of a reach.