The Supreme Court’s role in writing the rules for political speech is still angering Democrats who said Wednesday that Judge Neil Gorsuch must demand groups running ads in favor of his confirmation release information about their funders.
It’s the latest attack from Senate Democrats who are seeking reasons to rally against Judge Gorsuch, hoping to keep him from reaching the high court.
The conservative Judicial Crisis Network is spending $10 million to support Judge Gorsuch. Senate Minority Leader Charles E. Schumer said the group must reveal its financial backers.
“Americans deserve to know who is funding this effort to get Judge Gorsuch on the highest bench on the land — especially, if these secretive funders are pushing his nomination because they think Judge Gorsuch will vote their way,” Mr. Schumer said.
Democrats blame the Supreme Court for what they call an era of “dark money” in politics — spending by advocacy groups who don’t have to disclose their donors. In particular, Democrats blame a 2010 case, Citizens United, in which the court ruled 5-4 that labor unions, corporations and other advocacy groups have a First Amendment right to political speech — including running campaign ads.
In his confirmation hearing last week Judge Gorsuch said Citizens United is now a precedent of the Supreme Court, but said Congress could still try to write disclosure laws if it wanted — then have them tested in the courts.
That answer didn’t sit well with Democrats, who wanted the judge to give a firm commitment that he would back stricter campaign laws.
Mr. Schumer said Wednesday that Judge Gorsuch didn’t distance himself from the conservative groups during his confirmation hearing, “raising the suspicion further that he is not a balls-and-strikes guy, but rather, represents the hard right special interests wing of American politics.”
“He was hand picked by special interests. He’s supported by special interests and has a record of siding with special interests,” he said. “That’s why he’s having trouble earning 60 votes.”
Mr. Schumer has urged his colleagues to filibuster the judge, and many are jumping on board.
Sen. Jeanne Shaheen, New Hampshire Democrat, announced Tuesday that she’ll filibuster the judge. She said she doubted he would defend the 1973 Roe v. Wade ruling that established a national constitutional right to an abortion, and she also said the judge was “evasive” on Citizens United.
Democrats repeatedly raised concerns about Citizens United during last week’s hearing.
Republican senators on Wednesday rallied in support of the nominee outside the Supreme Court and were joined by nine of Judge Gorsuch’s former law clerks.
Sen. Ted Cruz, Texas Republican, said no Democrat opposed Judge Gorsuch when he was confirmed for his current seat on the 10th Circuit Court of Appeals.
“The only thing that has changed is our energized activist friends that have Democrat senators terrified they’ll get primaried,” Mr. Cruz said.
The Senate will vote on the judge’s confirmation next week and Senate Majority Leader Mitch McConnell hasn’t ruled out changing the Senate rules to overcome the Democrat’s filibuster — a move known as the nuclear option.
Democrats last year had signaled they would use the nuclear option had they reclaimed control of the Senate and had Hillary Clinton been elected president and made the next court nomination.
But now, Mr. Schumer urged Mr. McConnell not to change the rules, saying a Supreme Court seat is too important to confirm by majority vote.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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