Jeff Flake: Democrats shouldn't filibuster Neil Gorsuch

Editor's note: Sen. Flake references President Obama's two successful Supreme Court nominees. He did not include Merrick Garland, whose March 2016 nomination was stalled by Senate Republicans.

For three days this week, Neil Gorsuch calmly sat before the Senate Judiciary Committee and showed the country what it means to be a judge. Like an immovable pillar weathering a storm, Gorsuch held firm, exhibiting the steady confidence of a judge who knows the law.

Judge Gorsuch characterized the foundation of his jurisprudence as a commitment to apply the law fairly and equally to all litigants, irrespective of class, color or creed. Big or small, popular or unpopular, powerful or powerless, Judge Gorsuch promised to render judgments based on the facts of the case and the law.

Nothing else.

Don't believe these misleading attacks

I was particularly impressed by Judge Gorsuch’s humble respect for the law and his reverence for the role of a judge as an apolitical public servant. He was fiercely protective of his judicial impartiality, and I was glad to see him refuse to answer questions that could jeopardize his ability to serve fairly as a justice in future cases.

Throughout the hearings, many on the other side of the aisle tried to attack his character, accusing Judge Gorsuch of being a corporate shill who never looks out for “the little guy.” Nothing could be further from the truth.

ALLHANDS: Flake had great (if silly) questions for Gorsuch

MY TURN: Gorsuch is supremely qualified for the court

Another line of attack was that Judge Gorsuch would simply side with the Supreme Court’s Republican-appointed justices, forming majorities based on party affiliation rather than the facts and the law. This was an attempt to distract from Judge Gorsuch’s remarkable record of respect and cooperation with judges appointed by presidents of both parties.

During his decade-long tenure on the Tenth Circuit Court of Appeals, Judge Gorsuch participated in more than 2,700 appeals, comprising some of the most difficult cases across six states. Of those cases, 97 percent of them were decided unanimously, and Judge Gorsuch was in the majority 99 percent of the time. This is no small feat, and it is a testament to Judge Gorsuch’s ability to consider other points of view and seek out consensus when possible.

Why won't they give Gorsuch respect?

In the weeks since his nomination, I’ve spoken at length on the Senate floor about Judge Gorsuch’s qualifications to serve on the Supreme Court.

I’ve recognized him as a champion of religious liberty, a defender of the separation of powers, and a Westerner who will bring some much-needed geographic diversity and regional perspective to the court.

But more than anything, I’ve highlighted the fact that Judge Gorsuch is an accomplished, mainstream jurist who should be confirmed overwhelmingly to the Supreme Court.

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MORE: Flake praises Gorsuch after face-to-face meeting

There was a time when the Senate didn’t even require hearings for Supreme Court nominees, and as recently as the 1990s, nominees were routinely confirmed with near-universal, bipartisan support. Even President Obama’s two Supreme Court nominees were recognized for their ability to do the job and confirmed without incident.

Unfortunately, it appears that Judge Gorsuch will not be afforded the same courtesy and respect.

Senate Democrats’ decision to filibuster Judge Gorsuch is a sad commentary on this institution and reflects the breakdown in comity that once characterized this body. I hope they change their mind. We need this good man on the court.

U.S. Sen. Jeff Flake, R-Ariz., is a member of the Senate Judiciary Committee. On Twitter, @JeffFlake.