Judge Neil Gorsuch, President Trump’s nominee to fill a vacant seat on the Supreme Court of the United States, will face a contentious vetting process in the U.S. Senate. I expect the sausage-making process to be an opportunity for political grandstanding where bombastic bloviators will spew forth partisan pabulum. Look for a senator, for example, to point out that the judge did not clean up after his dog when he was in the 7 th grade. “If we can’t trust you to clean up after Sparky, then how can we trust you to mind the Constitution?” We read and hear about the scourge of judicial activism (JA), where judges invent laws rather than interpret existing law, as they are charged to do. The antidote to judicial activism is judicial restraint (JR), when judges exercise modesty and base their rulings on the intent of the framers or on the words in the statute. If, for example, the statute does not specify that “the puppies shall be saved”, then it is not for the judge, who may be
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