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NAW Supports the Nomination of Judge Neil Gorsuch for the U.S. Supreme Court

- April 2017

In a letter dated April 3, 2017, NAW urged all Members of the U.S. Senate to support the nomination of Judge Neil Gorsuch to be an Associate Justice of the U.S. Supreme Court.  The full letter is avilable below:

TO ALL MEMBERS OF THE UNITED STATES SENATE:

We are writing today on behalf of the National Association of Wholesaler-Distributors to urge your support for the nomination of Judge Neil Gorsuch to be an Associate Justice of the U.S. Supreme Court. NAW is the “national voice of wholesale distribution,” an association comprised of employers of all sizes, and national, regional, state and local line-of-trade associations spanning the $5.6 trillion wholesale distribution industry that employs more than 5.9 million workers in the United States. Approximately 40,000 enterprises with places of businesses in all 50 states and the District of Columbia are affiliated with NAW.

NAW does not as a matter of general practice participate in the debate on Executive Branch nominations, and we have only rarely written to members of the Senate to communicate our support for or opposition to a nominee. While we do not intend to change our long-standing practice, we believe that the nomination of Judge Gorsuch is of such significance that we must make an exception to our policy.

Judge Gorsuch is an unassailably qualified jurist, having served with distinction as an appellate court judge on the Tenth Circuit Court of Appeals, for which position the Senate confirmed him unanimously in 2006. The American Bar Association unanimously gave Judge Gorsuch a “well qualified” rating. And former Obama Administration Acting Solicitor General Neal Katyal wrote in a January 31st op ed in the New York Times:

          “I have no doubt that if confirmed, Judge Gorsuch would help to restore confidence in the rule of law. His years
          on the bench reveal a commitment to judicial independence — a record that should give the American people
          confidence that he will not compromise principle to favor the president who appointed him.”

We closely followed the Senate Judiciary Committee’s hearing on Judge Gorsuch’s current nomination, and heard nothing in the hours of questions and answers that demonstrated anything in his service on the appellate court that would warrant Senators who supported him in 2006 finding him an unacceptable nominee today.

Judge Gorsuch has an admirable appellate court record, having decided more than 2,700 cases, 97 percent of them unanimous. And after ten years on the appellate bench, only one of his written decisions has been overturned by the Supreme Court.

Judge Gorsuch has made it clear that he will interpret the law and the Constitution with a blind eye to ideology and politics, as he has throughout his judicial career; and he unequivocally rejected suggestions made by senators during his confirmation hearing that he would give the Trump Administration favorable consideration in any cases that may come before him.

Given Judge Gorsuch’s undisputed qualifications, demonstrated judicial temperament, and respect for the role of the judiciary in interpreting but not writing the law, we believe he has earned the support of the Senate in discharging its advice and consent duty, and urge you to vote to confirm him to the U.S. Supreme Court.