Donald Trump’s nominee for the Supreme Court distanced himself from the president on Wednesday, calling Trump’s attacks on a federal judge “demoralizing” and “disheartening.”
Neil Gorsuch made the comments in a meeting with Sen. Richard Blumenthal, a Connecticut Democrat, when he was asked about Trump’s attacks on Twitter and in speeches. Trump has called a federal judge who blocked his travel ban from seven Muslim-majority countries a “so-called judge.” He has also urged his followers to blame the judge and the judiciary, should there be any terrorist attack carried out by an immigrant.
“My strong hope is that he will be more vehement publicly,” Blumenthal told reporters after meeting with Gorsuch. “He certainly expressed to me that he is disheartened by the demoralizing and abhorrent comments made by President Trump about the judiciary, but I will be asking for more specific and forthcoming responses to those kinds of questions before I determine how I will vote.”
A Gorsuch spokesman confirmed the comments were made during the Wednesday afternoon meeting, when he was asked about the “so-called judge” line. Blumenthal was quick to make political hay of the comments.
Senate Democrats, whose moderate wing is under significant political pressure to help confirm Gorsuch, have quickly turned the battle over Gorsuch into one not about his personal qualifications but whether he could be a sufficient check on Trump from the bench.
“With each action testing the Constitution, and each personal attack on a judge, President Trump raises the bar even higher for Judge Gorsuch’s nomination to serve on the Supreme Court,” Senate Minority Leader Chuck Schumer (D-N.Y.) said after Trump’s “so-called judge” remark over the weekend. “His ability to be an independent check will be front and center throughout the confirmation process.”
Several people close to Trump have said the president is likely the biggest hurdle for the judge, who was hailed by conservatives for his traditional bona fides and writings. Gorsuch struck a far different tone from Trump during his announcement last week, saying he was “honored and humbled.” Democrats, so far, have delivered few significant blows to his nomination, as he has sought to make inroads with senators through a flurry of meetings on Capitol Hill this week.
Gorsuch has met with several key Democrats, including Schumer, a handful of moderates and California Sen. Dianne Feinstein, the ranking member on the Judiciary Committee.
“I would encourage all my … fellow senators to meet with him, give him a fair shake. He deserves that,” said Sen. Jon Tester (D-Mont.), a moderate up for reelection next fall who met with Gorsuch on Monday. On whether he’ll support the judge’s confirmation, Tester said: “I have not made a decision on that yet, but I am open.”
A handful of liberal Democrats — including Sens. Sherrod Brown of Ohio and Tammy Baldwin of Wisconsin, both up for reelection in 2018 in states Trump won — have already said they would vote against Gorsuch. But others in the caucus aren’t likely to announce their positions until after the confirmation hearings, which will likely come in mid-March.
Gorsuch’s comments sharply disagreeing with Trump could help him get confirmed. Democrats are likely to want a judge who shows an independent streak from Trump, who has indicated in his comments a lack of respect for the judicial branch. Trump’s Cabinet nominees broke with him on a number of issues during testy confirmation hearings, from Russia to torture to whether it would be OK to grab a woman by the genitals without permission.
Still, it was a striking moment for a Supreme Court nominee to publicly disagree with the president eight days after he was nominated.
Whether Gorsuch had the approval to make the comments from Trump remains unclear.
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