WASHINGTON (AP) — Supreme Court nominee Neil Gorsuch said Tuesday that “no man is above the law,” speaking of whether President Donald Trump could reinstitute torture as a U.S. interrogation method.
The exchange with Republican Sen. Lindsey Graham of South Carolina came on Day Two of Gorsuch’s confirmation hearing to fill the 13-month vacancy on the Supreme Court.
Graham pressed Gorsuch on what would happen if the president tried to reinstate waterboarding, the now-banned torture technique that Trump embraced on the campaign trail. Graham suggested that Trump “might get impeached” if he tried to do so.
“Senator, the impeachment power belongs to this body,” Gorsuch said. When Graham followed up on whether Trump could be subject to prosecution, Gorsuch said, “No man is above the law, no man.”
It was one of several charged exchanges Tuesday as Gorsuch mostly batted away Democrats’ efforts to get him to reveal his views on abortion, guns and other controversial issues, insisting he keeps “an open mind for the entire process” when he issues rulings.
He answered friendly questions from majority Republicans in the same way, as they tried to help him highlight his neutrality.
Graham asked Gorsuch whether Trump had asked him to overturn Roe v. Wade, the 1973 case establishing a right to abortion, and what he would have done had Trump asked him to do so.
“Senator, I would have walked out the door,” Gorsuch replied. “That’s not what judges do.”
As a long day of questioning wore on, senators and Gorsuch engaged in a routine well-established in recent confirmation hearings. The nominee resisted all requests to say how he felt about Supreme Court decisions, even as he was asked about them again and again.
“My personal views, I tell you, Mr. Chairman, are over here. I leave those at home,” Gorsuch said in response to a question from Judiciary Committee Chairman Chuck Grassley of Iowa. And he gave versions of the same response numerous times to other senators.
Questioned by Democratic Sen. Dianne Feinstein of California about the Supreme Court’s 2008 ruling affirming the right of people to keep guns in their homes for self-defense — District of Columbia v. Heller — Gorsuch said, “Whatever is in Heller is the law, and I follow the law. … It’s not a matter of agreeing or disagreeing.”
Republicans are unanimously supporting Gorsuch, and they asked supportive questions as he appeared for a second day before the committee.
But Democrats made it clear on the first day that they were in no mood to “rubber stamp a nominee selected by extreme interest groups and nominated by a president who lost the popular vote by nearly 3 million votes,” as Democratic Sen. Patrick Leahy of Vermont put it.
Democrats remain incensed over how Republicans treated former President Barack Obama’s nominee, Judge Merrick Garland, who was denied a hearing last year after Antonin Scalia’s death created an opening on the high court.
Senate Majority Leader Mitch McConnell insisted that since a presidential campaign was underway, it was the right of the next president to fill the opening. His gamble paid off when Trump won the election and nominated Gorsuch, a 49-year-old judge on the 10th U.S. Circuit Court of Appeals in Denver.
There are now just eight justices on the nine-member high court.
Gorsuch was on a list of potential Trump picks vetted by the Federalist Society and Heritage Foundation. Senate Republicans support the pick, and many believe his selection is the best move so far of Trump’s presidency.
For their part, Democrats are divided on what to do about Gorsuch and how hard to fight his confirmation, given their frustration over Garland’s treatment and the fury of liberal-base voters over Trump. As a nominee, Garland was widely regarded as highly qualified and credentialed, and by most accounts a gentle and amiable person.
In an interview Tuesday with Associated Press reporters and editors, McConnell dismissed “whining” and “crocodile tears” by Democrats over Garland and insisted they would have done the same in his position.
With a Senate narrowly divided, 52-48, between Republicans and Democrats, McConnell would need eight Democrats to get Gorsuch over procedural hurdles to a final confirmation vote. He said Tuesday he remains hopeful of getting Democratic votes, but if they aren’t forthcoming he sounded prepared to move unilaterally to change Senate rules and confirm Gorsuch with a simple majority.
“If there aren’t 60 votes for a nominee like Neil Gorsuch, it’s appropriate to ask the question, is there any nominee any Republican president could make that Democrats would approve,” McConnell said. “Gorsuch will be confirmed. I just can’t tell you exactly how that will happen yet.”