By Andy Schlafly
Donald Trump is interviewing candidates for nomination to the U.S. Supreme Court from a list of 21 provided to him by Washington insider groups, Heritage and the Federalist Society. The list is filled with unacceptable, left-leaning cronies of those organizations, while omitting the standout conservative Texan jurists of Jennifer Elrod, Edith Jones, and John Devine.
Grassroots conservatives should call on and tweet President-Elect Trump to go beyond the lobbyists’ list and instead pick the best conservative for the job.
The job is one that lasts 30-plus years on the Supreme Court without any opportunity for the People to recall or defeat the justice in an election. Next month Justice Anthony Kennedy, who has repeatedly ruled for liberals on everything from abortion to homosexual marriage, will celebrate his 29th anniversary on the Court.
That was a mistake conservatives and our Nation cannot afford to make again. Yet the list pushed on Trump by these D.C. groups are chock-full of future Anthony Kennedy’s, rather than conservative, pro-life candidates who Trump voters expect to be nominated.
Consider, for example, a rumored finalist for selection from the list, Neil Gorsuch, who is a federal appellate judge on the Tenth Circuit.
Gorsuch has never said or written anything that is pro-life, despite penning hundreds of decisions and even authoring a book that discussed the issue. Rather, he has cited approvingly the decision by Justice Harry Blackmun that established special rights of legal standing for abortionists to overturn pro-life laws. Blackmun was the author of Roe v. Wade itself.
Gorsuch was an early supporter of civil rights for “gender identity,” and in 2009 adhered to a Ninth Circuit opinion by the liberal Judge Reinhardt in construing Title VII to protect gender identity, in Kaslt v. Maricopa County Cmty. College Dist.
Gorsuch’s insistence on following bad precedents shows that he will not overturn Roe v. Wade. He is a big believer in “stare decisis,” which is the doctrine of abiding by prior rulings even when wrong, as Roe v. Wade was. “Our duty to follow precedent sometimes requires us to make mistakes,” Gorsuch declared in ruling against the Second Amendment rights of man before his court.
Trump’s nomination to the Supreme Court will define his presidency, just as the first President Bush’s selection of David Souter defined Bush and unfortunately sealed his political demise. The nomination of a “stealth” candidate with a record silent on abortion, as David Souter was, would be a very un-Trump-like and cowardly act.
Yet Trump is being urged by D.C. insiders to pick only from the “list” filled with stealth candidates who scrupulously hid their views for decades. All the candidates on the list are analyzed in detail here.
We will not be able to “make America great again” if Trump obeys D.C. lobbyists about whom to nominate to the Supreme Court. Millions voted for Trump because he pledged to pick a pro-life judge to replace Scalia, not for Trump to kowtow to a lobbyists’ list.
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