Downie: ‘Yes, Democrats Should Filibuster Gorsuch. His Record Shows Why.’

Labor News

Supreme Court nominee Neil Gorsuch. (Ricky Carioti/The Washington Post)

Reprinted from The Washington Post by James Downie on March 23, 2017.

“The Republican theft of the Supreme Court proceeded apace this week,” writes James Downie in The Washington Post. “By any rational measure, we should be in the middle of Merrick Garland’s first year on the Supreme Court. Republicans’ unprecedented refusal to even give Garland a confirmation hearing would be reason enough for Democrats to filibuster President Trump’s nominee, Neil Gorsuch. But even if circumstances were normal, Democrats should be eager to filibuster Gorsuch anyway. Judge Gorsuch’s record suggests Justice Gorsuch would favor powerful interests over regular people — perpetuating a system that voters oppose.

“A survey of Gorsuch’s record shows that when he has broken with his colleagues, it is usually to favor businesses over workers. He dissented in the ‘frozen trucker’ case, where the majority agreed that a company could not fire a driver for unhitching his cargo to search for help in subzero temperatures. In his dissent, Gorsuch argued that protections for a worker ‘refusing to operate his vehicle’ in unsafe conditions did not cover unhitching a trailer. In 2011, he dissented from a ruling to affirm a Labor Department fine of a company that had not offered adequate safety training to a worker, which resulted in the worker’s death by electrocution. Just last year, he argued in a dissent that the National Labor Relations Board could not order $100,000 in back pay for hospital workers whose hours had been illegally reduced. …

Washington Post opinion 3/23

About Jeffrey Burman 2756 Articles
Jeff Burman represents assistant editors on the Guild’s Board of Directors. He can be reached at

Leave a Reply