President Obama played a significant historical role by commuting the sentences of some 1,715 federal inmates, more than the previous seven Presidents combined. Unfortunately, significant bipartisan legislative reforms were shelved, although there is some optimism that the present Congress will act: Criminal Justice Reform Is Ripe for Bipartisan Achievement. Don't hold your breath; this is an issue that demands Presidential leadership and neither President Trump nor his Attorney General has any interest whatsoever in the issue.
Judge Neil Gorsuch the nominee for the Supreme Court has, by any measure, very impressive if not impeccable credentials and qualifications, at least as far as degrees and awards and things of that nature go. Clearly, he is a hard worker and a high achiever, and, among other things, has worked to cultivate his standing in Republican legal circles. His mother, Anne Gorsuch Burford, was EPA Administrator for President Reagan, so his family has a high standing in Republican party circles. So good for him.
That said here's some questions that I think ought be asked Judge Gorsuch. The Supreme Court deals in big, abstract legal issues such as the separation of church and state, federalism and the like. But all of this is in service to the individual American citizens that make up this nation. And so with that in mind here are some questions that I think should be posed to Judge Gorsuch during the hearings related to his nomination:
1. Have you, since becoming a lawyer, ever represented an individual?
2. Have you, since becoming a lawyer, ever represented a family?
3. Have you, since becoming a lawyer, ever represented an individual or family against an insurance company?
4. Have you, since becoming a lawyer, ever represented an individual or family against a corporation?
5. Have you, since becoming a lawyer, ever represented an individual or family against a financial services company?
6. Have you, since becoming a lawyer, ever represented an individual against a government entity, whether it was a federal, state or local government entity?
7. Have you, since becoming a lawyer, ever represented an individual or family as to a claim arising from harm or damage done them by a corporation, insurance company, government entity, or financial services company?
8. Have you ever participated in the selection of a jury for any type of trial?
9. Have you ever been the lead counsel in a jury trial?
Chief Justice Roberts Testified in his confirmation hearings that a judge was like an umpire, an individual who just called balls and strikes. Maybe so, but what about an umpire who calls balls or strikes only for one team? And so with that in mind if you questions.
10. As an appellate judge, have you ever voted to reverse a lower court decision in favor of a Corporation, an insurance company, a financial services company or a government entity and against an individual or family because of a legal error made by the lower court?
11.. As an appellate judge, have you ever voted to reverse a lower court decision in favor of a Corporation, an insurance company, a financial services company or a government entity and against an individual or family because the individual or family did not get a fair opportunity to present their case in the lower court?
Judge Gorsuch wrote a book on the ultimate right to control one's destiny in this life, The Future of Assisted Suicide and Euthansia. Five states at present have laws permitting physician assisted suicide. And so a few questions.
12. Have you ever had a client that was considering physician-assisted suicide?
13. Have you ever had a client with a family member that was considering physician-assisted suicide?
14. Have you ever had a client that you counseled with respect to the terms of a living will and what it could provide regarding what, if any, life-saving or continuing measures they were or were not authorizing in the event that they were rendered incapable of expressing their wishes when the time came?
Although I have no interest in reading Judge Gorsuch's book, I have little doubt that it is thoughtful and well-researched. But it is one thing to write about issues like this solely and only in the abstract; experience – in this case actual experience with real human beings facing the most difficult of decisions – can alter, even alter markedly one's previously-held views about abstract legal and constitutional law issues.
