Judge Neil Gorsuch refused to tip his hand on how he might rule on President Trump’s extreme vetting executive order, telling senators Tuesday that he wouldn’t want to hurt his ability to hear the case either on his current appeals court or on the Supreme Court, should he win confirmation.
But he did say that as a judge he respects freedom of religious practice, which Mr. Trump’s critics say had been infringed by the new executive order, which they say is the evolution of the president’s campaign promise for a Muslim ban.
“We have a Free Exercise Clause that protects the free exercise of religious liberties by all persons in this country,” Judge Gorsuch said as he testified to the Senate Judiciary Committee.
Lower federal courts — though not Judge Gorsuch’s 10th Circuit Court of Appeals — have halted Mr. Trump’s policy, saying its targeting of six majority-Muslim countries makes it an unfair attack on a religious minority.
Mr. Trump cast a long shadow over Tuesday’s hearing, with Democrats alternating between saying the judge was tainted because he was nominated by the controversial president, and demanding that Judge Gorsuch give inklings how he would rule on matters that involve Mr. Trump.
Sen. Patrick Leahy, Vermont Democrat, asked Mr. Trump’s pick for the federal bench if the president can supersede or review national security laws.
“No man is above the law,” Judge Gorsuch said. “That includes the President of the United States.”
Sen. Dianne Feinstein, California Democrat, also asked the judge about wiretapping, as Mr. Trump alleged President Obama wiretapped Trump Tower during the election.
Ms. Feinstein specifically asked the judge if the President of the United States has authority to intercept communications of Americans.
“Goodness, no senator,” he said.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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