Supporters of Judge Neil Gorsuch’s Supreme Court nomination describe him as a “mainstream judge.” Their evidence: He has voted nearly 99 percent with the majority on the 10th U.S. Circuit Court of Appeals, and 97 percent of the court’s rulings were unanimous. But what do those statistics tell us? Not much.
Q: Did all eight Supreme Court justices write a letter opposing Judge Neil Gorsuch’s nomination to fill a court vacancy?
A: No. That false claim was made on a liberal website that misrepresented a court ruling regarding the Individuals with Disabilities Education Act.
As the Senate considers Judge Neil Gorsuch for the Supreme Court, senators on both sides have engaged in partisan spin over the number of votes required to approve his nomination.
Sen. Bernie Sanders said that President Barack “Obama’s nominations” to the Supreme Court “required 60 votes.” As CNN’s Jake Tapper explains in this fact-checking video, Obama’s Supreme Court nominees received 60 votes, but it wasn’t “required.”
Sen. Ted Cruz said that “it has been 80 years since the Senate confirmed any judicial vacancy for the Supreme Court that occurred during a presidential election.” He’s (almost) right, but his claim lacks context.
Former President Bill Clinton mistakenly claimed that President Obama’s Supreme Court nominee, Merrick Garland, was confirmed to the U.S. Court of Appeals by a “97 to nothing” vote. The Senate voted 76-23 to confirm Garland.
Democrats say the public overwhelmingly support hearings and a vote on President Obama’s Supreme Court nominee. The polls, however, are not as settled as the Democrats make them out to be.
Sen. Ted Cruz claims that President Obama’s Supreme Court nominee, Merrick Garland, is “precisely” the kind of nominee “that a dealmaker like Donald Trump would support.” Trump has named two possible nominees, both Republican appointees.