Good morning from the Senate hearing room!
We're here for Day 3 of Judge Gorsuch's hearing. Today will be round 2 of questions. Each Senator will have 20 minutes today for questions
Good morning, everyone! We are back and ready for day 3. Huge thanks to this blog's Andrew Hamm for staying until the bitter end last night to cover the hearings.
As Molly said, we will have shorter rounds of questioning today. It will be interesting to see whether the Democratic senators ask Gorsuch again about some of the documents from his time in the Bush DOJ.
Gorsuch deflected questions yesterday, telling the senators that he hadn't read the documents, but they seemed to suggest that they might revisit the issue. But to the extent that he did discuss them, he characterized his role as limited -- more like a speechwriter than a policy maker.
We are about 10 minutes out from the scheduled start of the hearing, and very few people have arrived so far -- press included.
I just googled "mutton busting," which was a new topic for many of us yesterday, when one of the Republican senators asked Gorsuch about taking his clerks to the Denver rodeo.
Now I really want to see it in action.
I will also be interested to see how Gorsuch does today. He has mostly been pretty unflappable during the hearings, but you could tell yesterday that the questioning from some of the Democratic senators -- particularly in the afternoon -- was getting to him. He's been a federal judge for 10 years, and he isn't used to being interrupted, which they were doing quite a bit in an effort to focus his answers.
I've also been completely impressed by Gorsuch's wife, Louise, who is sitting directly behind him and is on camera whenever he is. She has managed to maintain a pleasantly interested poker face for hours on end.
Senator Patrick Leahy has arrived; he appears to be the first senator here..
Senator Amy Klobuchar has arrived in the room.
;Most of the senators are now here, but no sign of the nominee yet. His entrance is always easy to detect.
Here is Louise Gorsuch, followed by her husband.
They are greeting various people who are sitting in the front row.
And so it begins. Grassley has gaveled the hearing open. He is recognizing Louise Gorsuch for her patience. Finally, something everyone can agree on.
You mentioned, says Grassley, that Byron White's confirmation hearing was 90 minutes long. Yours was longer.
Grassley said he came away from yesterday with greater admiration for Gorsuch and his commitment to give every litigant a fair shake, as well as judicial independence.
I can hear Dianne Feinstein asking about an email in the background.
I hope that we can move things along, says Grassley.
Grassley says he'll stay as long as necessary today, he left early yesterday to get to bed, tweeted that he runs at 4am
Grassley is starting his questions. Let's visit about judicial independence.
Grassley is talking about Gorsuch getting questions that he can't answer. As you explained, it would compromise your independence if you pre-committed to how you would rule on future cases. Nothing new about this, says Grassley. This is attributed to Ginsburg, which he calls the "Ginsburg standard."
Grassley confesses that in past hearings he has probably asked "inappropriate" questions. You also can't answer questions about past cases.
In any event, says Grassley, we don't need to dwell on hypotheticals because you have a long track record.
I'm going to start with a specific case, involving Individuals with Disabilities Education Act. You held that the school district didn't have to pay the family of an autistic child because he was progressing. Where did you get that standard?
[This issue is actually currently before the Supreme Court now.]
Gorsuch seems a bit muted this morning, perhaps tired? I know I would be.
Gorsuch is discussing the balance that the IDEA strikes between the interests of school children and their families, on the one hand, and the school district on the other.
[The Court has not yet ruled, but it looked after the oral argument like the Court was likely to rule for the family.]
Grassley noting that it was a unanimous opinion, joined by a Clinton appointee.
And if Congress doesn't like that result, it can of course change the statute, says Gorsuch.
Sorry -- previous comment was by Grassley.
Gorsuch says he has ruled for the child in other IDEA cases. It just depends on the facts and the law.
Grassley: There are lots of cases, some of which go against the little guy, but some for him.
I want to go on to something Senator Klobuchar brought up, says Grassley. Cameras in the courtroom.
[When this came up yesterday, Gorsuch first said he hadn't really thought about it.]
Grassley: I believe that public access is important. I know it isn't a popular subject with the justices. Quotes David Souter on how cameras would have to roll over his dead body.
Grassley: I respect Souter's opinion, but I think it's wrong. I was glad to hear Neal Katyal say that the Court's proceedings should be televised.
Grassley: I have sponsored "Sunshine in the Courtroom" Acts, which gives judges discretion to allow media coverage. I won't ask your opinion, but I would appreciate it if you would think about the issue and keep an open mind.
"You have it," says Gorsuch.
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