Ted Cruz to Gorsuch: Democrats Have Created ‘Caricature’ of Originalism


During Neil Gorsuch‘s Supreme Court confirmation hearing, Senator Ted Cruz spoke with him about originalism and slammed Democratic colleagues on the committee for making a “caricature” of the philosophy.

One example of such a moment is when Senator Amy Klobuchar challenged Gorsuch on originalism earlier, telling him there’s “selective originalism” going on and asking him about the usage of male pronouns in the Constitution in referring to the president. Gorsuch said, “Of course women can be President of the United States.”

When it was Cruz’s turn this afternoon, he returned to the originalism issue and his Democratic colleagues’ views on it being a “quaint and outdated notion.”

Gorsuch expressed discomfort with the idea of labels, saying he doesn’t know of a judge alive who doesn’t want to understand the original meaning of the legal text they are reading.

Cruz said Democrats push a “caricature” of originalism in talking about how the Constitution could apply to modern technology. He argued, “Any judge doing his or her job––a thorough understanding of the original understanding of the language is essential to effectively doing your job.”

“No one is looking,” Gorsuch said, “to take us back to the horse and buggy day or quill pens or to turn back the clock on anything. The point is to apply the law in a way that allows us to be able to say as judges, ‘It’s not what we wish, it’s what the law was understood to mean.'”

Watch above, via CNN.

[image via screengrab]

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Josh Feldman is a Senior Editor at Mediaite. Email him here: josh@mediaite.com Follow him on Twitter: @feldmaniac