Sen. Fischer on Gorsuch: 97% Unanimous Decisions Shows He's 'Well Within the Mainstream’

Sen. Deb Fischer (R-NE) wrote a Letter to the Editor in the Lincoln Journal Star on Monday saying that the fact that 97 percent of the 2,700 cases decided by federal appellate judge Neil Gorsuch were unanimous shows he is “well within the mainstream” of American jurisprudence and that he should be confirmed to a seat on the U.S. Supreme Court.

“To date, Judge Gorsuch has decided 2,700 cases. Ninety-seven percent of the decisions in these cases were unanimous. This record tells us something important: he is well within the mainstream,” Fischer wrote. “It’s why he’s gained the respect of prominent attorneys on the right and left.”

Fischer cited Jane Nitze, an Obama administration attorney who praised Gorsuch.

“He is extraordinarily fair-minded,” Nitze said. “He will approach each case the same, regardless of the issue or the parties before him.”

In her letter to the editor, Fischer said Gorsuch believes his judicial oath to the High Court requires him to be faithful to “equal protection of the law” for every party.

“During his confirmation hearing before the Senate Judiciary Committee, Judge Neil Gorsuch summarized what his judicial oath means to him: ‘A judge is there to make sure that every person, poor or rich, mighty or meek, gets equal protection of the law,'” Fischer wrote.

Fischer said Gorsuch embodies the qualities she wants to see in the Supreme Court justice who will be replacing the late Justice Antonin Scalia.

“Days after President Trump nominated Judge Gorsuch to fill the late Justice Scalia’s seat on the Supreme Court, I shared the qualities I wanted to see in a justice: strong commitment to the rule of law, first-rate credentials and a solid judicial record,” Fischer wrote, adding that she believes Gorsuch meets those criteria.

“A justice should be a follower of the Constitution, not a trailblazer or advocate,” Fischer wrote. “Judge Gorsuch understands this idea.”

To date, 55 senators — 52 Republicans and three Democrats — have pledged to vote for Gorsuch’s confirmation. Under current Senate rules, 60 votes are needed.

Senate Minority Leader Chuck Schumer (D-NY) said he has 42 votes to sustain a filibuster against Gorsuch.

Many Republican senators, including Senate Majority Leader Mitch McConnell, have not ruled out changing Senate rules to allow a simple majority, or 51 votes, for the confirmation of Supreme Court justices.

“Gorsuch is going to be confirmed,” McConnell told Fox News Sunday. “The way in which that occurs is in the hands of the Democratic minority. I think during the course of the week we’ll find out exactly how this will end. But it will end with his confirmation.”

The final vote by the Senate on the Gorsuch nomination is expected on Friday.