WASHINGTON, D.C. – In a speech on the Senate floor today, U.S. Senator Shelley Moore Capito (R-W.Va.) urged her colleagues to support Supreme Court Nominee Judge Neil Gorsuch. The Senate is expected to vote on Judge Gorsuch’s confirmation on Friday.
Watch Senator Capito’s full speech here.
Remarks as prepared for delivery:
“Mr. President –
“I come to the floor to express my strong support for the confirmation of Judge Neil Gorsuch to be the next Associate Justice of the United States Supreme Court.
“Few individuals over the last century have impacted the American legal discourse as profoundly as the late Justice Antonin Scalia.
“In the wake of his untimely passing last February, Justice Scalia left behind a legacy of faithfully applying the law and upholding the principles enshrined by the Founders in our Constitution.
“Judge Neil Gorsuch is a worthy successor to Justice Scalia.
“Judge Gorsuch understands that the protections set forth in our Constitution – including the separation of powers, federalism and the Bill of Rights – provide Americans with an indispensable safeguard against government overreach.
“His past opinions demonstrate that he will honor constitutional protections afforded through due process, the right to bear arms, equal protection under the law and religious freedom.
“Legal experts from across the political spectrum agree with the Gorsuch nomination.
“The American Bar Association’s Standing Committee on the Federal Judiciary unanimously gave Judge Gorsuch its highest possible rating of ‘well-qualified’ for the Supreme Court.
“Deanell Reece Tacha, the retired Chief Judge of the Tenth Circuit who served with Judge Gorsuch, testified that:
‘Judge Gorsuch brings to the bench a powerful intellect combined with a probing and analytical approach to every issue.
‘He brings to each case a strong commitment to limit his analysis to that case, its facts, the record and the law cited and applicable.
‘He does not use his judicial role as a vehicle for anything other than deciding the case before him.’
“President Obama’s former Solicitor General Neal Katyal penned an op-ed in the New York Times supporting Judge Gorsuch and wrote:
‘I have no doubt that if confirmed, Judge Gorsuch would help restore confidence in the rule of law.
‘His years on the bench reveal a commitment to judicial independence, a record that should give the American people confidence that he will not compromise principle to favor the president who appointed him.’
“Those are the words of the Solicitor General who argued at the Supreme Court on behalf of President Obama’s administration.
“And Judge Gorsuch has been through the Senate confirmation process before when Senators approved his nomination to the Court of the Appeals for the 10th Circuit without opposition.
“It is clear to me through our conversation, a thorough examination of his record and watching last week’s hearing at the Judiciary Committee that Judge Gorsuch will decide cases fairly based on our Constitution and laws.
“That is just what West Virginians expect from a Supreme Court justice.
“Newspapers in my state have recognized this nominee’s strong qualifications – independence and respect for the rule of law.
“The Charleston Daily Mail editorialized that:
‘Gorsuch has strong legal credentials and deserves to be confirmed.
‘He is the kind of pick that any president should make – Democrat or Republican – because of his proven qualities necessary for any justice:
‘A strong understanding and respect for the nation’s founding document – the U.S. Constitution.’
“The Wheeling Intelligencer and News Register wrote:
‘During hearings last week, Gorsuch’s suitability for a high court post was made abundantly clear.
‘He is precisely the type of judge, faithful to the Constitution not ideology on specific issues, the nation needs.’
“And the Martinsburg Journal said:
‘Gorsuch seems to believe in using the plain language of the Constitution to decide cases, regardless of his own preferences.
‘That, someone who believes only the people not the courts can change the Constitution, is precisely the type of Supreme Court justice we Americans need.’
“The American people benefited from an open and transparent Supreme Court process that led to Judge Gorsuch being nominated.
“During the 2016 presidential election, both candidates were transparent about the type of Supreme Court Justice they would appoint if elected.
“President Trump released a list of 21 names, a list that included Judge Gorsuch and promised voters that he would fill this Supreme Court vacancy with someone from that list.
“Voters paid attention.
“According to an NBC News Exit poll, 70 percent of voters said the selection of a Supreme Court Justice was either the most important factor in their vote for president or an important factor.
“The American people weighed in and President Trump acted wisely in selecting Judge Gorsuch.
“Judge Gorsuch is a mainstream judge who is well qualified for the United States Supreme Court.
“The Democratic leader, however, has indicated that his party intends to engage in an unprecedented partisan filibuster of this nomination.
“A filibuster of a nominee of this caliber would be a tremendous mistake that would harm the Senate as an institution.
“There has never been a Supreme Court nomination defeated by a partisan filibuster of the type Senate Democrats are telegraphing.
“It is one thing to vote against a nominee on whatever grounds a Senator sees fit.
“But it is quite another to filibuster in an effort to block a nomination submitted by a duly elected President that has the support of a majority of the Senate.
“Senators have always enjoyed the ability to filibuster nominations.
“That ability has remained available because Senators have shown restraint in applying the power that comes along with requiring unlimited debate.
“The clear tradition of the Senate over the course of 230 years of history is confirmation by a majority vote.
“That tradition has been demonstrated in recent Supreme Court confirmations.
“President Obama nominated both Sonia Sotomayor and Elena Kagan to the Supreme Court.
“Neither Justice Sotomayor nor Justice Kagan faced a filibuster in the Senate.
“President George W. Bush nominated John Roberts as Chief Justice.
“There was no filibuster attempt against that nomination.
“President Bill Clinton nominated Ruth Bader Ginsburg and Stephen Breyer to the Supreme Court.
“Neither faced a filibuster.
“President George H.W. Bush nominated David Souter and Clarence Thomas to the Supreme Court.
“Neither Justice faced a filibuster, even though 48 Senators voted against the Thomas nomination.
“One recent Supreme Court nomination did require a cloture vote when a group of Democratic Senators attempted to block a vote on the confirmation of Justice Alito’s nomination.
“But a large majority of 72 Senators invoked cloture, preserving the bipartisan practice of rejecting filibusters against Supreme Court nominees.
“Among those who rejected the Alito filibuster in 2006 were the two Democratic Senators from my state: Robert C. Byrd and Jay Rockefeller.
“72 Senators voted to invoke cloture on Justice Alito’s nomination, even though only 58 voted to confirm him.
“The Senate has a very clear history of rejecting the use of the filibuster against Supreme Court nominations.
“There is no justification for a filibuster of the Gorsuch nomination.
“Neil Gorsuch is a mainstream judge with the highest possible rating from the American Bar Association.
“He was confirmed by the Senate without objection in 2006.
“His service on the 10th Circuit Court of Appeals has earned the respect of his judicial colleagues and he has demonstrated the independence and respect for the law that the American people expect from a Supreme Court Justice.
“I hope that at least eight of my Democratic colleagues, regardless of how they ultimately vote on Judge Gorsuch’s confirmation, will recognize the need to invoke cloture on this nomination.
“The Senate will confirm Judge Gorsuch to the Supreme Court.
“For the good of the nation and for the good of the Senate, there should be no filibuster of this well qualified nominee.
“I yield the floor.”
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