Hirono: I'd like to give you time to commend or condemn them.
Gorsuch: I cannot talk about specific cases, or get involved in politics. I have to be careful and speak in general terms. Judges have to be tough, we take slings and arrows from all sides. Our job is to make decisions, hard decisions sometimes that people don't like.
[As Gorsuch goes into his given answer, he sees Hirono wants to say something else and stops. She has not had much patience for things he's already said.]
Gorsuch is now talking again about how he has been involved in ethical recusal issues on bench and as lawyer.
Hirono: So when you said certain comments were "disheartening and demoralizing," you were merely speaking broadly?
Gorsuch tries to clarify, Hirono cuts him off "merely speaking broadly." This happened twice. Then Hirono quoted Sean Spicer saying as well that Gorsuch was speaking broadly.
Hirono moves to Obergefell, which recognized right to marriage equality. Has this changed your view?
Hirono: So, in your view, the constitution does provide protections for intimate and personal decisions? And so what you wrote in your book is personal opinion and we can forget about it.
Gorsuch: I'm not sure I track the comment.
Hirono moves to litmus test issue. I assume you comported with the litmus test, or you wouldn't be here. Have you provided us with any information that you will not follow litmus test other than that you say you've been fair?
Gorsuch: I've been here two days, will be for a third. Hope I've given you a sense of my track record and that I've rejected litmus tests.
Sen. Tillis is giving ten minute break, then two more.
Now for the final push. Two more
Sen. Thom Tillis (R-N.C.) opens asking how Gorsuch's name is pronounced. Gor-such (with a strong "such", like the word)
Tillis references Franken's comment about absurdity.
Tillis: Absurdity is not referencing that Clinto said at a town hall that she had a bunch of litmus tests
Tillis: Absurdity is the idea that you are sidestepping by not answering questions. I think you're following a judicial code of conduct. I appreciate you respecting and living what you say.
Tillis reads from the First Amendment. I think those first words are significant. Do you agree the founders meant this as a check on the government?
Gorsuch: That's what it is
Tillis is zeroing in on political speech. Lots has been said today about Citizens United, a popular punching bag.
Tillis: You would think this decision resulted in corporations pumping money to candidates through buzzwords like "dark money."
Tillis: This case was challenge to federal statute. But it was Congress' actions about speech that the founders were concerned about.
Tillis: This case had nothing to do with direct contributions. Citizens United was about an entity's ability to speak independently of any candidate or campaign.
Tillis: Do you remember what it was about?
Tillis: Government said a non-profit could not produce a movie critical of a candidate.
Tillis: During oral argument, government asked if same law could prohibit publishing a book. Yes, government said. Tillis then goes through a lengthy Souter hypothetical about how far ban could go -- all talking about books.
Tillis: SCOTUS shocked federal government would take this position and ordered re-argument. Kagan retreated from this position, saying that gov had not applied law to book in past.
Tillis: We have a country have a long history of people being able to criticize the government, sometimes anonymously.
Tillis: We must be cautious in giving federal government power to limit or penalize core political speech.
Tillis shows Gorsuch a green book, says it has number of Thomas Paine's writings, including Common Sense.
Tillis: I find it strange my friends concerned with executive power aren't concerned about this.
Tillis: Kagan as SG in Citizens United. People had asked about your role in government. WHo was your client?
Gorsuch: The United States
Tillis: Kagan was also a government lawyer, even the solicitor general. I don't think there's much power to the argument about your work for the government unless we want to go back and revisit Kagan's history.
TIllis: Another member brought up an email about volunteering for campaign, well, show did Kagan.
Tillis: Despite Kagan's positions about banning Common Sense and despite her political activities, Republicans respected president's nomination authority.
Tillis: I think Republicans have a moral high ground here.
Gorsuch, responded to question about comments made when teaching, said part of curriculum.
Tillis: So not arbitrary, this was part of a curriculum. Adds number of letters from former students to record.
Tillis now brings up trucking case. TransAm Trucking. You're not here to have heart, you're here to judge the law and Constitution, and I appreciate you because I bet you've got a really big heart.
Tillis: May be fair to wonder if company made wise or kind decision, but we only get to ask whether it was a legal one.
Tillis: When I read dissent, hard for me to arrive at any conclusion that you ruled except for what Congress had legislated.
Tillis: It's our job to make value judgments. Quotes Gorsuch to Whitehouse, "it's not my job to do your job."
Tillis: I'm wearing an autism pin today because I am a big advocate
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