To: Sen. Jon Tester (MT-1)
Senator JON TESTER: WE, the citizens of MONTANA, Oppose the Nomination of Judge Gorsuch To SCOTUS!!!
We, citizens of MONTANA, request that our Senator JON TESTER oppose the nomination of Judge Neil Gorsuch to Associate Justice of the United States Supreme Court (SCOTUS) and join in the filibuster of the Gorsuch nomination. Judge Gorsuch's nomination should not be confirmed because, given his conservative judicial philosophy, he will likely be a regressive voice on the Court, limiting civil rights and environmental and worker protections, allowing corporate interests to supersede employee rights, and preventing campaign finance reform.
Why is this important?
CITIZENS OF MONTANA ONLY PLEASE as the Senator will only consider the opinions of his constituents!!
The Gorsuch nomination is scheduled for vote in the Senate on April 7, 2017, so, if you oppose the nomination, please sign this petition at your earliest convenience.
Before setting forth the reasons supporting this petition, I ask that you take a moment to call Senator TESTER (202-224-2644) to tell him that his opposition to the Gorsuch nomination is important to you and that he should join in the filibuster of Judge Gorsuch's nomination. OUR CALLS DO MATTER as I've been told by every legislator with whom I've spoken in recent months!
The following are but a few of the objections and concerns raised by the nomination of Judge Gorsuch to the Supreme Court:
1) While Judge Gorsuch claims to be apolitical, his nomination is supported by a publicity campaign funded by millions of dollars of "Dark Money" from largely unknown, apparently conservative, sources (reportedly linked to a network tied to the Koch brothers).
2) Confirmation of Judge Gorsuch, who is 49, will have a profound and enduring effect on our Nation as his philosophy and predilections will likely shape the views of the Court for more than 30 years.
3) During his confirmation hearing before the Senate Judiciary Committee, Judge Gorsuch was evasive and refused to answer legitimate questions designed to reveal his judicial philosophy.
4) Judge Gorsuch is a proponent of "originalism" (and will apply the words of the U. S. Constitution as they were understood at the time they were written - 1789 - when slavery existed and women could not vote) and "textualism" (and will look solely to the objective meaning of the text of a statute rather than to the legislative intent or statutory purpose), an approach not likely to protect and forward the civil rights of women and minorities.
5) As evidenced by his prior opinions as a Judge of the Tenth Circuit Court of Appeals and his extrajudicial writings, Judge Gorsuch will most certainly undo our country's progress in so many areas and prevent its progress in others, in part, as outlined below :
** Worker Health & Safety - See TransAm Trucking v. Admin Review Board in which Judge Gorsuch sided with the corporate employer and found that a Dept. of Labor rule that a driver can't be fired for failing to operate his vehicle because of safety concerns did not prohibit the firing of an employee who temporarily left a disabled truck trailer along the roadway in sub-zero temperatures to seek shelter at a nearby location in the truck cab.
** Environmental Protection - Judge Gorsuch has repeatedly denied court challenges brought by environmental protection groups against those who damage our environment. See, for example, Wilderness Society v. Kaine County. He also will likely restrict the ability of federal agency experts to implement federal laws enacted to preserve our planet and halt the progress of climate change. See, for example, Gutierrez-Brizuela v. Lynch.
** Campaign Finance Reform - In his concurring opinion in Riddle v. Hickenlooper, Judge Gorsuch indicated that making a campaign contribution is a "basic constitutional freedom . . . enjoying significant relationship to the right to speak . . .. Thus, it seems unlikely that Judge Gorsuch will vote to overturn Citizens United v. FEC, in which the SCOTUS struck down federal campaign finance law and held that corporations have free speech rights that permit financial contributions to political candidates.
** Women's Access To Contraception - See Burwell v. Holly Lobby Stores in which Judge Gorsuch interpreted the Religious Freedom Restoration Act to permit a corporate employer to refuse to provide its employees with medical insurance including comprehensive contraceptive coverage because it conflicted with the corporate employer's religious beliefs.
** Sex Discrimination/Harassment - Judge Gorsuch appears to have an extremely high bar for sexual harassment/discrimination cases, which will make pursuit of such cases very difficult for victims. (See, for example, Stickland v. United Parcel Service, Inc. (in a dissenting opinion, Judge Gorsuch found plaintiff's claims of multiple instances of sexual harassment insufficient to support her lawsuit).
** Separation of Church and State - In Holly Lobby, Judge Gorsuch essentially found that the religious beliefs of a closely held corporation supersedes the beliefs and the rights of employees.
Much of the above information is available at https://www.indivisibleguide.com/resources-2/2017/3/17/supremelyextreme-filibuster-gorsuch
The Gorsuch nomination is scheduled for vote in the Senate on April 7, 2017, so, if you oppose the nomination, please sign this petition at your earliest convenience.
Before setting forth the reasons supporting this petition, I ask that you take a moment to call Senator TESTER (202-224-2644) to tell him that his opposition to the Gorsuch nomination is important to you and that he should join in the filibuster of Judge Gorsuch's nomination. OUR CALLS DO MATTER as I've been told by every legislator with whom I've spoken in recent months!
The following are but a few of the objections and concerns raised by the nomination of Judge Gorsuch to the Supreme Court:
1) While Judge Gorsuch claims to be apolitical, his nomination is supported by a publicity campaign funded by millions of dollars of "Dark Money" from largely unknown, apparently conservative, sources (reportedly linked to a network tied to the Koch brothers).
2) Confirmation of Judge Gorsuch, who is 49, will have a profound and enduring effect on our Nation as his philosophy and predilections will likely shape the views of the Court for more than 30 years.
3) During his confirmation hearing before the Senate Judiciary Committee, Judge Gorsuch was evasive and refused to answer legitimate questions designed to reveal his judicial philosophy.
4) Judge Gorsuch is a proponent of "originalism" (and will apply the words of the U. S. Constitution as they were understood at the time they were written - 1789 - when slavery existed and women could not vote) and "textualism" (and will look solely to the objective meaning of the text of a statute rather than to the legislative intent or statutory purpose), an approach not likely to protect and forward the civil rights of women and minorities.
5) As evidenced by his prior opinions as a Judge of the Tenth Circuit Court of Appeals and his extrajudicial writings, Judge Gorsuch will most certainly undo our country's progress in so many areas and prevent its progress in others, in part, as outlined below :
** Worker Health & Safety - See TransAm Trucking v. Admin Review Board in which Judge Gorsuch sided with the corporate employer and found that a Dept. of Labor rule that a driver can't be fired for failing to operate his vehicle because of safety concerns did not prohibit the firing of an employee who temporarily left a disabled truck trailer along the roadway in sub-zero temperatures to seek shelter at a nearby location in the truck cab.
** Environmental Protection - Judge Gorsuch has repeatedly denied court challenges brought by environmental protection groups against those who damage our environment. See, for example, Wilderness Society v. Kaine County. He also will likely restrict the ability of federal agency experts to implement federal laws enacted to preserve our planet and halt the progress of climate change. See, for example, Gutierrez-Brizuela v. Lynch.
** Campaign Finance Reform - In his concurring opinion in Riddle v. Hickenlooper, Judge Gorsuch indicated that making a campaign contribution is a "basic constitutional freedom . . . enjoying significant relationship to the right to speak . . .. Thus, it seems unlikely that Judge Gorsuch will vote to overturn Citizens United v. FEC, in which the SCOTUS struck down federal campaign finance law and held that corporations have free speech rights that permit financial contributions to political candidates.
** Women's Access To Contraception - See Burwell v. Holly Lobby Stores in which Judge Gorsuch interpreted the Religious Freedom Restoration Act to permit a corporate employer to refuse to provide its employees with medical insurance including comprehensive contraceptive coverage because it conflicted with the corporate employer's religious beliefs.
** Sex Discrimination/Harassment - Judge Gorsuch appears to have an extremely high bar for sexual harassment/discrimination cases, which will make pursuit of such cases very difficult for victims. (See, for example, Stickland v. United Parcel Service, Inc. (in a dissenting opinion, Judge Gorsuch found plaintiff's claims of multiple instances of sexual harassment insufficient to support her lawsuit).
** Separation of Church and State - In Holly Lobby, Judge Gorsuch essentially found that the religious beliefs of a closely held corporation supersedes the beliefs and the rights of employees.
Much of the above information is available at https://www.indivisibleguide.com/resources-2/2017/3/17/supremelyextreme-filibuster-gorsuch