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Government The Courts United States Technology

Senate Confirms Neil Gorsuch To Supreme Court (washingtonpost.com) 450

halfEvilTech quotes a report from Washington Post: The U.S. Senate confirmed Neil M. Gorsuch to serve on the U.S. Supreme Court on Friday. On a vote of 54 to 45, senators confirmed Gorsuch, 49, a Denver-based judge on the U.S. Court of Appeals for the 10th Circuit. He will become the 113th person to serve on the Supreme Court and is scheduled to be sworn in Monday. Gorsuch's confirmation was the result of a rule change in the Senate. Majority Leader Mitch McConnell used the power of his position to change the rules of the Senate to lower the threshold on Supreme Court nominations to end debate from 60 to 51 votes. Therefore, "all presidential nominees for executive branch positions and the federal courts need only a simple majority vote to be confirmed by senators," reports Washington Post.

It is unclear as to what exactly Gorsuch's confirmation means for the tech industry. However, it is certain that Gorsuch will "face cases that demand a solid command of the complex issues digital technology raises, from copyright and privacy to intellectual property rights and data storage," writes Issie Lapowsky via Wired.
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Senate Confirms Neil Gorsuch To Supreme Court

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  • God Dammit (Score:2, Insightful)

    by rsilvergun ( 571051 )
    so much. Whatever else you think about Gorsuch's politics (and unless you own a large corporation they're awful) it's a fact the Republicans just stole that seat. It really angers me to see them doing so much wrong and getting away with it again and again...
    • by Anonymous Coward

      on McConnell's part, regardless of how you feel about the outcome. Passing a left-leaning centrist with polling showing a Democrat in the White House and the Senate a toss-up, and the chance of a far more partisan left-leaning judge. I guess stopping everything that black guy tried to do was the primary objective.

      • by phantomfive ( 622387 ) on Friday April 07, 2017 @05:22PM (#54195135) Journal
        I think McConnell's thinking was, "If we lose the election, we'll just confirm the other guy before we leave."
      • by maz2331 ( 1104901 ) on Friday April 07, 2017 @05:25PM (#54195161)

        Actually, there was little risk in his gamble, with all up-side. If Clinton had won, they would have just immediately confirmed Garland, so the court would shift marginally to the left. By waiting, they kept the same mix as before Scalia's death.

      • Re: (Score:3, Insightful)

        by ooloorie ( 4394035 )

        It wasn't a gamble at all, it was both reasonable and politically smart. Even many people who hated Trump's guts voted for him because they couldn't stand the idea of Hillary Clinton appointing more supreme court justices. I think that's what finally pushed Trump over the finish line.

        And given the kind of people Obama had appointed before (Sotomayor, Kagan), Congress was not going to give him another chance. If SCOTUS had tilted any further to the left, Congress would like have taken drastic action, like si

        • by AthanasiusKircher ( 1333179 ) on Friday April 07, 2017 @07:34PM (#54195823)

          Obama and his appointees simply do not represent the American people.

          [Citation needed.] Let's look up some stats [cornell.edu], shall we?

          -- Polls of Sotomayor nomination: 54-55% approve, 25-26% disapprove, 20% don't know/no opinion.
          -- Polls of Kagan nomination: 46-48% approve, 30-34% disapprove, 20-22% don't know/no opinion

          Gorsuch falls in this general range, a bit higher than Kagan, but lower than Sotomayor. Notably, polls for Alito and Roberts had significantly lower approval numbers (though also higher "don't know" numbers).

          Also, ~50% of Americans approved of Garland's nomination for what it's worth, and depending on which poll you believe, somewhere between about 50 and 65% of Americans thought he deserved a hearing.

          So, I'd say there's little evidence to support your assertion that Obama's appointees "do not represent the America people" when polls about the nominees suggest more people approved than disapproved of all of them.

          • by ooloorie ( 4394035 ) on Friday April 07, 2017 @09:21PM (#54196255)

            [Citation needed.] Let's look up some stats [cornell.edu], shall we?

            I wasn't making a statement about whether majorities like them, I was making a statement about whether their beliefs actually align with the beliefs of the American people, and I don't believe they do. Nevertheless, if you do want to talk about polls, look at the page: in 2016, 37% say the court is "too liberal", vs 20% saying that it is "too conservative", and SCOTUS approval ratings have dropped sharply under Obama. The only reason approval ratings are still as high as they are is because courts and decisions are strongly distorted by the MSM.

            If you check the news stories from last year and this year, you'll also see that people widely perceive SCOTUS nominations as a reason why people are might be/are/have been voting for Trump.

            And you need to realize that polls tend to be biased in favor of the left because conservatives, libertarians, and/or independents rather hang up than voice a negative opinion to an anonymous stranger that has their personal information. People don't get fired, attacked, or beaten up for approving of Obama or progressive causes, but they do get fired, attacked and beaten up for supporting Trump or opposing affirmative action or opposing gay marriage. Keeping quiet in RL about conservative, libertarian, or independent viewpoints is pretty much ingrained now in many people.

      • by Etcetera ( 14711 )

        I guess stopping everything that black guy tried to do was the primary objective.

        Justice Sotomayor and Justice Kagan might have some words about your dipshit contention.

    • Re:God Dammit (Score:4, Informative)

      by blogagog ( 1223986 ) on Friday April 07, 2017 @04:33PM (#54194749)
      "But in a speech on the Senate floor in June 1992, Mr. Biden, then the chairman of the Judiciary Committee, said there should be a different standard for a Supreme Court vacancy “that would occur in the full throes of an election year.” The president should follow the example of “a majority of his predecessors” and delay naming a replacement, Mr. Biden said. If he goes forward before then, the Senate should wait to consider the nomination."
      • Re:God Dammit (Score:4, Insightful)

        by Trailer Trash ( 60756 ) on Friday April 07, 2017 @05:01PM (#54194969) Homepage

        "But in a speech on the Senate floor in June 1992, Mr. Biden, then the chairman of the Judiciary Committee, said there should be a different standard for a Supreme Court vacancy “that would occur in the full throes of an election year.” The president should follow the example of “a majority of his predecessors” and delay naming a replacement, Mr. Biden said. If he goes forward before then, the Senate should wait to consider the nomination."

        Yeah, yeah. What he *meant* was that if a Democrat was coming into office the next year, they should delay. If a Republican were coming in to office, they need to do it right away.

        Same way Obama can bomb the shit out of the Middle East for years and it's no big deal. But Trump does the same thing and he's "starting another war in the Middle East!!!"

        • by imgod2u ( 812837 )

          Is that the same as if Obama intervenes in Syria, it's a giant waste of military power and "losing to Putin" but if Trump bombs Syria to ill effect, it's a "show of strength"?

          To be clear, I agree with the recent missile strike against the airbase in Syria. I just find it amusing how hypocrisy works.

      • by Altus ( 1034 )

        Of course trump is currently running his campaign for re-election so I guess we are in the throws of an election even now.

        • Near as I can tell, the only people running an election campaign regarding Trump are the Democrats. They still haven't figured it out.

          "Elections have consequences." to quote a political hack from the recent past.

      • and not President. But nice Strawman there.
      • by Uberbah ( 647458 )

        "But in a speech on the Senate floor in June 1992, Mr. Biden

        Keep fucking that chicken. Pretending the opinion of one senator (who boasted about writing the Patriot Act) means Jack or shit has been a popular talking point in the right wing nutosphere for the last few weeks. It's like you've been taking lessons from your fellow right winger, Hillary Clinton, and her paid CTR trolls on how to disseminate bullshit.

    • Re:God Dammit (Score:4, Insightful)

      by Triklyn ( 2455072 ) on Friday April 07, 2017 @04:37PM (#54194783)

      stole from whom? up or down vote, garland would have lost, i can almost guarantee it. biden suggested, before he left the senate that the appropriate course of action for supreme court nominees after the election season commenced was to wait until after the election to confirm. democratic obstruction of bush nominees initially started the fillibustering of judicial nominees in the circuit courts, which the republicans turned around and used on the democrats during obama's term. after which the democrats got fed up with the obstruction and killed the fillibuster for lower court confirmations. yet during that period kagan and sotomayor were confirmed without a hitch.

      was it legal to neglect to hear garland? yes. was it right, as right as any of the political maneuvering in washington.

      mcconnell gambled, and everybody thought he was a fool because if hillary won, it would have been someone politically left of garland for that seat. but he won his bet.

      constitutionally, it was well within mcconnell's powers to refuse to hear garland. it's been done before, about 150 years ago.

      it was the democrats that killed the fillibuster. don't forget that, the only reason it didn't cover supreme court nominations was because none of the supreme court nominations were fillibustered.

      • "All procedural arguments are hypocritical, including this one." Heard that one first about the rule changes made to help McGovern get the nomination, and the older I get, the more true it is.
    • Re: (Score:2, Insightful)

      Republicans just stole that seat.

      No they didn't. The voters gave it to them.

      • by imgod2u ( 812837 )

        Republicans just stole that seat.

        No they didn't. The voters gave it to them.

        No they didn't, the States gave it to them.

    • Re: (Score:2, Insightful)

      by Anonymous Coward

      so much. Whatever else you think about Gorsuch's politics (and unless you own a large corporation they're awful) it's a fact the Republicans just stole that seat. It really angers me to see them doing so much wrong and getting away with it again and again...

      It's a little more complicated than that.

      The rule change extends the 51-vote (instead of 60) requirement to Supreme Court nominees. It was previously downed to 51 for all other judicial nominees during the Obama administration, when it was the Republicans being obstructionist in minority rather than (as now) the Democrats.

      Also a president nominated someone to the Supreme Court, in accordance with Constitutional process. The Senate changed its rules, but they—whatever you or I may think of the rules

      • by msauve ( 701917 )
        That's not quite right. It's always been a simple majority for the Senate to confirm their consent for a court nominee. What changed is cloture - a purely procedural rule which previously required 60 votes in order to close debate and move on to the confirmation vote.

        The abuse of rules is actually done by those who vote against cloture as a means of avoiding the actual vote. The only valid reason to vote against cloture is if there is still a bona fide need for additional debate. When those who wish to blo
    • Re:God Dammit (Score:5, Insightful)

      by dbrueck ( 1872018 ) on Friday April 07, 2017 @05:01PM (#54194963)

      I'm not a Republican, but the whole "stolen seat" thing is kind of overstating it because it implies that Garland would have become a justice for the SCOTUS, which is unlikely. It was stupid for the GOP to refuse a vote for Garland (stupid on multiple levels but even just strategically - they could have blocked Garland just via voting, there was no need to take it a step further and refuse a vote altogether and cause so much rancor), but regardless Garland was most likely not going to be on the SC, so the seat was not stolen. Legally it doesn't appear that they did anything technically wrong, but I think it's fair to say that having a vote would have been the right thing to do (notwithstanding some cases in the past where people such as Biden suggested a different course of action).

      But let's be clear: both sides have, are, and continue to behave like children. Is what the GOP did stupid? You bet! Is the Dem handling of Gorsuch stupid? Most definitely. It's worth noting that the GOP senators in the past voted to seat justices that were quite liberal, but in the end relented because the candidate was qualified and there was not a good reason not to. With Gorsuch there's no real debate that he is very qualified, and yet few Dems voted for him - they voted against purely as retaliation.

      And so the Dems did something stupid in retaliation for something stupid the Reps did. And the Reps did that stupid thing because of what Dems did to them before that. And the Dems did that thing because of what the Reps did even earlier. It's been going on for so long that we're at the point where neither side can claim any sort of moral high ground - it's pure, deep-rooted, partisan politics, and anyone who tries to argue that one of those two sides is better-behaving than the other is turning a blind eye to past events.

      To everyone who is frustrated by this, you have to realize that Dem and Rep are two sides of the same coin. Both are almost comically hypocritical and neither consistently acts in the best interest of the USA. They have reached the point where so much of their identity is defined by not being the other side that I don't think there is any way for either party to fix themselves.

      I watched a lot of the Gorsuch hearings and I came away with two main conclusions: (1) Gorsuch would make a great justice - I don't agree with him on various points, but he's sane and sincere and intelligent and it's not hard to imagine him being a fair judge. (2) The senators from both major parties are complete morons. So much pettiness and shallow posturing. So much snide smirking and pretentiousness. It was embarrassing for both parties.

      It's time we moved the conversation away from "Reps are bad" vs "Dems are bad" because that will get us nowhere. Both are terrible and possibly beyond repair. But as long as we allow ourselves to believe that one side is acting in good faith while the other side is not, we will make zero progress. Both are incredibly corrupt. Both major parties have a list of "sins" so long that neither should be allowed in power.

      • by Cyberax ( 705495 )
        If you believe any of your words then you're an idiot. Nobody appointed by Trump is going to abide by regular rules, and Gorsuch's ideas are to the right of Scalia. If any of the Supreme Court positions become vacant, you can count on the US to slide back into the last century.
    • it's a fact the Republicans just stole that seat. It really angers me to see them doing so much wrong and getting away with it again and again...

      Thinking of supreme court justice appointments as property of the president is unacceptable. Congress is supposed to advise and consent, and the advised that the president should wait with the appointment until the next Congress and withheld their consent. That was a legitimate decision and it was a reasonable decision. I suspect that SCOTUS appointments is also

  • >> Gorsuch will "face cases that demand a solid command of the complex issues digital technology raises..."

    If you think a 49-year old justice will be bad at tech, you should look up the ages of the rest. There's even one on there named "Ginsburg" who was 35 when Gorsuch was born - probably time for her to finally head out to pasture, right?

    https://www.supremecourt.gov/about/biographies.aspx
    • by BitterOak ( 537666 ) on Friday April 07, 2017 @05:12PM (#54195069)

      >> Gorsuch will "face cases that demand a solid command of the complex issues digital technology raises..." If you think a 49-year old justice will be bad at tech, you should look up the ages of the rest. There's even one on there named "Ginsburg" who was 35 when Gorsuch was born - probably time for her to finally head out to pasture, right?

      Whatever you may think of Ruth Bader Ginsburg's politics or decisions, she is an intellectual giant, much smarter and sharper than the vast majority of people half her age. There's a good reason she and Scalia were such good friends. Despite almost polar opposite politics, there were few others in the world that were their intellectual equal. And they were both wise enough to understand that associating yourself only with those whose political beliefs are aligned with yours is really self-limiting, and ultimately rather boring.

      • by Uberbah ( 647458 )

        There's a good reason she and Scalia were such good friends. Despite almost polar opposite politics, there were few others in the world that were their intellectual equal.

        Except: Scalia was a hack. And an idiot. He routinely engaged in reasoning that he would have flipped shit over if it came from another judge. Just one example: [consortiumnews.com]

        "In 1868, when the 39th Congress was debating and ultimately proposing the Fourteenth Amendment, I don't think anybody would have thought that equal protection applied to sex di

  • by Ol Olsoc ( 1175323 ) on Friday April 07, 2017 @07:29PM (#54195791)
    while God fearing, patriotic Republicans have wrested the illegal and immoral blocking of this appointment of a true patriot, a fineman who will set America back on the right track........

    The nuclear option will come back to haunt them.

    You would think that the party of the filibuster as a basic tactic would have figured this out, because as that "commie bitch" on the Supreme court noted, the situation is a pendulum, and if you do a little math and dating, the Democrats are poised for ramming some supreme court nominees who are not going to be appreciated by the Republicans.

    That's so obvious that it qualifies not as the law of nintended consequences, but more like plain old unfixable stupid.

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