Judge Gorsuch on the Hot Seat
Following Justice Scalia's death last year, Republicans took a gamble with their #NoHearingsNoVote strategy, refusing to confirm any Supreme Court nominee for the remainder of the election year. Ilya Shapiro, Editor-in-chief of the Cato Supreme Court Review, defended this strategy on the show last May on the principle that the election should serve as a referendum on who would nominate the pivotal 9th member to the divided court. In something of a double surprise, Trump was elected, and almost immediately made good on the promise to select a judge from his list of 21 potential nominees. Since the start of Neil Gorsuch's Senate confirmation hearings, Shapiro has been on a media blitz, cutting through the "Kabuki theater" and interpreting the exchanges between the mild-mannered Colorado judge and his senatorial inquisitors (both friendly and unfriendly). He returns to examine how the rest of the process is likely to unfold, in light of Senator Chuck Schumer's promise to filibuster. Bob and Ilya also discuss what it means to be a judge "in the mold of Antonin Scalia," and how the founders' original intent still applies to the changed circumstances of modern times.