The life of the law has not been logic: it has been experience.Oliver Wendell Holmes, Jr. The Common Law (1881)
The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellow-men, have had a good deal more to do than the syllogism in determining the rules by which men should be governed.
As a judge now for more than a decade, I've watched my colleagues spend long days worrying over cases. Sometimes the answers we reach aren't the ones we personally prefer. Sometimes the answers follow us home at night and keep us up. But the answers we reach are always the ones we believe the law requires.Neil Gorsuch March 20, 2017
The modern Supreme Court nomination hearing has evolved into a form of meretricious performance art. The past three days of Neil Gorsuch's hearing have been a charm offensive: he adores his wife, she hugs and kisses him, he chats with the boys about trout fishing. And when it comes to judging he is a blank slate, or, like R2D2 a robot following the law's commands, applying it to the facts.
Everyone knows it is not true. He is an ideological man, picked to replicate the jurisprudence of Antonin Scalia, vetted by The Federalist Society which has long and successfully labored to drive the courts to the right. Gorsuch is their man.
If I were in the United States Senate my position would be: I'll vote after the hearings for Merrick Garland are concluded. - gwc
So Long And Thanks For All The Fishing! 3 Days With Neil Gorsuch