"Congress can't consent to what it doesn't know," Gorod said. "We need to know the president is acting in the national interests, not his personal interests."
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"Now that you've gotten rid of that filibuster rule, it enables really extreme nominees being put on the bench," Wydra said. "That's not something a majority of Americans actually support. Justice Gorsuch on the bench of the Supreme Court has been very much a Trump justice. He has been bold and brash from the start."
Nearly 200 other House and Senate Democrats have joined the suit as co-plaintiffs. According to Blumenthal, that’s more members of Congress on a suit than any other in history. The day-to-day lawyers on the case at the left-leaning Constitutional Accountability Center.
"Justice Kennedy has been the deciding vote in favor of marriage equality, recently in favor of racial justice, whether it's through housing or in education through affirmative action programs," said Elizabeth Wydra, president of the Constitutional Accountability Center, a progressive legal group. "So it would be a strong shift of the court to the right."
Elizabeth Wydra, president of the liberal Constitutional Accountability Center, gave Gorsuch a flunking grade at the ACS event. "The fact that Gorsuch would have allowed the entire travel ban to go into effect I think shows that he fails that first test of independence from Trump," Wydra said, referring to Gorsuch's decision to join Justice Clarence Thomas' dissent wanting the full travel ban to take effect immediately.