In "The Tempting of America," a masterful 1990 apologia following his bruising rejection by a Democrat-controlled U.S. Senate, the late Judge Robert Bork pithily captured the essential, counterfeit quality of Supreme Court confirmation hearings — including the past few weeks' inquisition into the nomination of Judge Neil Gorsuch.
Bork described several long, confusing exchanges over judicial philosophy during his 1987 interrogation before the Senate Judiciary Committee, particularly with the late Sen. Arlen Specter, R-Penn.
Bork's summation: "Because I was, of necessity, patient with [Sen. Specter], a lot of people not versed in constitutional law got the impression that this was a serious constitutional discussion."
Many such wrong impressions emerge from every confirmation hearing. There were moments of meaningful give-and-take during Gorsuch's three-day ordeal two weeks ago. But mainly, and typically, his hearing was tedious partisan theater, starring a panel of preening political peacocks a Supreme Court nominee "of necessity" has to show deference — helping them masquerade as thinkers.
Gorsuch played his part tolerably well, although that much humility in the face of hostile Democrat senators' harrumphs, sneers and accusations couldn't help seeming unnatural and cloying as the hours rolled by. The fulsome praise and folksy familiarity of the friendly Republicans didn't help much.
Anyway, any "impression" that exploring ideas was central to the spectacle should be dispelled.
One theme frequently invoked was the dark specter of "litmus tests." It's a real, deepening concern. President Trump, who nominated Gorsuch, has recklessly guaranteed that his court picks will "be prolife" and will overturn Roe vs. Wade, oppose gun control, and more. Such a portrayal of judges promising predetermined rulings rather than attempting to approach each case impartially is ruinous to public confidence in the courts.
Litmus test promises were toxic even when they came, even more often and explicitly, from Democrats Hillary Clinton and Bernie Sanders.