Judge Andrew Napolitano delivered a glowing review of Neil Gorsuch, President Trump’s nominee to fill the seat on the Supreme Court vacated by the late Justice Scalia.
In an appearance on Tucker Carlson Tonight immediately following the formal White House announcement, Napolitano, who provided informal council for the President during the decision making process, opened the interview with great enthusiasm.
“Well I’m ecstatic over this,” began Napolitano. “He is probably the most worthy jurist in the country to fill the shoes of Antonin Scalia for a couple of reasons: one is a healthy skepticism about the ability of the government to regulate the economy and to regulate our personal lives.”
“Judge Gorsuch embraces the idea of originalism, which simply means that the meaning of the Constitution was fixed at the time it was ratified, and it’s only been changed each time it was amended 27 times,” he continued. “And if it’s going to be changed again, the states have to amend it – the Court can’t amend it.”
“So, it’s not what Justice Ginsberg thinks it is – ‘a living, breathing document that changes when the politicians need the change.”
Carlson then raised the issue that many are pondering regarding President Trump’s wielding of the powers of the Executive Branch, versus the approach of his predecessors, as Obama issued many executive orders and Trump is doing the same.
Napolitano drew a clear distinction between the two cases, explaining that legal executive orders cannot effectively make or alter the law, but they can direct how the law should be enforced.
“When Barack Obama issued a series of executive orders – it was actually 24 of them, affecting immigration – a trial judge in Texas ruled: ‘This is not the President telling the Department of Homeland Security how to enforce the law, this is the President changing the law in a way that the Congress specifically rejected.”
“What President Trump is doing, so far,” he went on. “Not only is it everything he promised he would be doing, but within the contours of the law, telling the people who work for him in the Executive Branch how he wants them to exercise their discretion.”
Judge Napolitano proceeded to explain the importance of Judge Gorsuch being approved by the Senate in a timely manner, as multiple landmark cases are to be heard by the Supreme Court, starting in April.
One of these cases affects virtually all public schools in the United States, and whether or not the federal government will be able to force them into new ‘transgender bathroom’ policies and the necessary measures required to implement them.
Others include a case relating to the First Amendment and religious freedom, and also up to four cases involving possible overreaches by the Environmental Protection Agency.
Senate Democrats, led by Charles Schumer, have planned to do everything in their power to block President Trump’s nominee – even prior to knowing who it would be – but there are signs that they may be reconsidering this approach.