Senator Tester is one of five red-state democrats who has come under heavy political pressure to confirm Supreme Court Nominee Judge Neil Gorsuch.
The Senate begins confirmation hearings for Neil Gorsuch Monday, and the image to keep in mind is professional wrestling.
On Thursday, a group of former law clerks who served with Gorsuch on the 10th circuit court stopped in Billings to try to build support for the nominee. This might be a good time for a strict constitutionalist - Gorsuch is supposedly one - to deliver a respectful observation about how, if we ignore our federal courts and the rule of law, we introduce anarchy to our constitutional republic.
Among questions he will face will be whether he is sufficiently independent from Trump, who has criticized judges for ruling against his bid to restrict travel from Muslim-majority countries. The American Bar Association's own assessment of Gorsuch as "well-qualified" for confirmation is particularly weighty given the fact that in the past, prominent Senate Democrats, including Minority Leader Chuck Schumer (D-NY), have referred to the ABA's rating as the "gold standard" in evaluating federal judicial nominations.
And as for the religion-versus-equal protection balance, Gorsuch's record lends itself to the assumption that he will weigh religious arguments more heavily than those of equal protection.
Iuppa says Judge Gorsuch has previously ruled against students in every case related to the Individuals with Disabilities in Education Act.
One case involved truck driver Alphonse Maddin, who was sacked after he disobeyed a supervisor and abandoned his trailer at the side of a road after the brakes froze.
"The qualifications of Judge Gorsuch are beyond dispute".
Republicans are wholeheartedly endorsing Gorsuch.More news: Yogi Adityanath takes charge as UP CM
"Gorsuch's criticism of choice in the context of assisted suicide includes a broader attack on the idea of a constitutional right to autonomy in intimate personal matters", Brettscheider wrote.
"Judge Gorsuch ruled against Patricia Caplinger, from Missouri, who sued after a medical device was implanted in a non-FDA approved way", Sen. Conservative activists have for decades sought to overturn the landmark 1973 ruling Roe v. Wade, which legalized abortion nationwide. Gorsuch reasoned that Maddin had been asked by TransAm not to leave his trailer but did anyway.
"There's a little bit of me that's hoping we'll have the last laugh against Trump and the people who presented Gorsuch as though he's in their pocket and going to rubber stamp the political and social agendas they want to promote", said Laura Lichter, a Denver lawyer whose immigrant client won an appeal before Judge Gorsuch in 2015. Doing that without too much drama would be Trump's biggest win so far as president.
His nomination of Gorsuch has been widely viewed as indicating the president won't push the Supreme Court to change direction on campaign finance issues.
For Democrats, the hearing will dredge up bitter feelings. Even the extremely conservative Antonin Scalia was confirmed by a vote of 98-0.
Since Scalia's death the court has been divided equally 4-4 between conservatives and liberals.
The crown jewel of the latest effort is a seven-page endorsement letter that fills six pages with signatures from more than 200 Colorado legal eagles, from former Colorado Supreme Court Chief Justices Michael Bender and Rebecca Love Kourlis to Jack Finlaw, former chief legal counsel to Gov. John Hickenlooper.
"'State laws against bigamy, gay marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality, and obscenity" are all at risk if we take seriously what Justice Scalia derided as Casey's "famed sweet-mystery-of-life passage, '" Gorsuch wrote in his dissertation, quoting Scalia.