Corporate Accountability

Democrats Criticize Supreme Court Nominee Gorsuch As Pro-Business

By Brian Naylor

One of the themes that developed on Day 1 of Supreme Court nominee Neil Gorsuch’s hearings is that Democrats plan to make an issue of what they say is the Supreme Court’s pro-business leanings. In their opening statements on Monday, Democratic members of the Senate Judiciary Committee argued that Gorsuch is likely to continue the trend.

Sen. Sheldon Whitehouse of Rhode Island alleged that when the court’s majority is made of Republican appointees, the narrow 5-4 decisions “line up to help corporations against humans.”

Illinois Sen. Dick Durbin said that the court under Chief Justice John Roberts is often called “a corporate court” and said a study by the left-leaning Constitutional Accountability Center found that it ruled for the U.S. Chamber of Commerce 69 percent of the time.

Durbin also cited Gorsuch’s dissent in a case in which a truck driver lost his job after his rig broke down one bitterly cold night. (NPR’s Nina Totenberg reported on the case here.) The driver was instructed to stay with the truck, but he found himself growing numb in the unheated cab and so drove away to find warmth, leaving the trailer behind, and was fired for disobeying orders.

Durbin said it was 14 below that night, adding, “but not as cold as your dissent, Judge Gorsuch.” He added, “Thank goodness that the majority in this case pointed out that common sense and the Oxford dictionary” supported their view that the firing was without merit.

In his own opening statement, Gorsuch spoke of striving for impartiality and the support he has received across the political spectrum.

“In my decade on the bench, I have tried to treat all who come to court fairly and with respect. … My decisions have never reflected a judgment about the people before me — only my best judgment about the law and facts at issue in each particular case,” the nominee said. “For the truth is, a judge who likes every outcome he reaches is probably a pretty bad judge, stretching for the policy results he prefers rather than those the law compels.”

Gorsuch will begin taking questions from the senators on Tuesday morning.

 

More from Corporate Accountability

Corporate Accountability
U.S. Court of Appeals for the Fifth Circuit

Ortega v. Office of the Comptroller of the Currency

In Ortega v. Office of the Comptroller of the Currency, the United States Court of Appeals for the Fifth Circuit is considering a challenge to the Office of the Comptroller of the Currency’s authority to...
Corporate Accountability
U.S. Court of Appeals for the Fifth Circuit

Burgess v. Whang

In Burgess v. Whang, the Fifth Circuit is considering a challenge to the Federal Deposit Insurance Corporation’s authority to issue penalties and other supervisory orders. 
Corporate Accountability
October 23, 2024

The Constitution Doesn’t Entitle Drug Manufacturers to a Sweetheart Deal

Washington
Big Pharma is in federal appeals court making the absurd argument that Medicare shouldn’t be...
By: Nina Henry
Corporate Accountability
October 4, 2024

An Oil Giant Railroads Its SCOTUS Connection To Gut Environmental Law

The Lever
A fossil fuel giant with deep ties to Supreme Court Justice Neil Gorsuch, along with...
Corporate Accountability
July 2, 2024

QUICK TAKE: Corporate Interests at the Supreme Court, 2023-2024 Term

Conservative supermajority discards precedent, shifts power to judges, and hobbles agency efforts to enforce the...
By: Brian R. Frazelle
Corporate Accountability
June 24, 2024

The Supreme Court’s War on Working People Just Got a Little Worse

Balls and Strikes
The decision in Starbucks Corporation v. McKinney is part of a long tradition of the Supreme Court...