Thursday, February 2, 2017

Text of my letter to Senator Dianne Feinstein re Judge Gorsuch

I believe that the best way to reach elected officials is by old-fashioned snail mail. If I had decent handwriting I would use that. Mine is worse than awful.The following is inspired, in part, by some commentary from Lambda Legal. I will send a similar letter to my two senators closer to the time of the floor vote (assuming it gets to a floor vote).

I had a lovely old laser printer that finally bit the dust. I replaced it with a far less expensive inkjet a few weeks ago. Mr. Trump is causing me to consume vast quantities of ink. If you really want to be part of a “resistance” then write letters and make phone calls to follow up on the letters.

The blue border is not on my stationery. It is merely a means of separating content on the blog.

February 2, 2017

Senator Dianne Feinstein, Ranking Member
U.S. Senate Committee on the Judiciary
331 Hart Senate Office Building
Washington, D.C. 20510

Dear Senator Feinstein:

I am writing today to oppose the confirmation of Judge Neil M. Gorsuch to serve as a justice of the Supreme Court. I will be brief.

I am deeply troubled by Judge Gorsuch’s opinion at the Tenth Circuit in Hobby Lobby v. Burwell. Judge Gorsuch asserted that Hobby Lobby would be “complicit” in the effect of the birth control decisions of its employees. Were that reasoning applied to LGBT nondiscrimination laws they could be held invalid. Every homophobic baker or florist could claim that they were participating in a same-sex wedding making them complicit in something that is contrary to their sincerely held religious beliefs. It would also mean that someone like Kim Davis would have a reasonable affirmative defense of her outrageous anti-gay conduct.

Moreover, this dangerous thinking is contrary to numerous precedents and creates the proposition that people of faith (or people claiming to be) have a different set of laws than everyone else. Indeed it could go so far as to imperil the 1964 Civil Rights Act. I would remind Judge Gorsuch that the Klan proclaims itself to be a Christian organization. Therefore, the issue is not Judge Gorsuch’s opinion but my deep concern for how he got there.

I hope that you will take this into consideration when you have the opportunity to question Judge Gorsuch in committee. The judge has impressive academic and legal credentials. That does not necessarily mean that he is well-suited for the Supreme Court which depends upon the sound judgment of its justices.

Thank you for your time.


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