Well, either I missed the entire point or our national politicians have entirely forgotten how to ask questions in a congressional hearing. Watching the Dems flail at Gorsuch has been, even with Sen Franken, not even a little amusing. Hobby Lobby, protecting the little guy, supporting corporations... this is the terrain that Dems have chosen on which to do battle with the conservative Court?
And they have, so far as I can tell, not even mentioned natural law, which I consider the most significant clash with progressive ideals available. What would Gorsuch say to this: "Would you please describe your position on how natural law, and do define that for us, should and would affect your decision making as a justice on the Court?
Then tease out in every way how that idea would affect the current issues of the day. At what point do those rights attach? (The big issue of course, is the concept of natural must define the concept of person hood, ie. life begins when?)
And natural rights, but to corporations? If corporations are not natural they do not have those rights, and then, those rights must come from government, and then could be restricted? (Campaign spending, speech, religious liberty).
The problem is that our political leaders are not prepared to fight that fight. Where is Sen. Moynihan, Senator Paul Simon-- our Senate is filled (with apologies to my home state) with Carl Curtis's and Roman Hruska's. Good people no doubt, but think an original thought, never.
So, Gorsuch is a shoe-in, and the only question is whether the Dems make the Reps avoid cloture or make them use the nuclear option. I think they will not do that here- despite their anger at the Obama snub last year, because it is always the next fight that matters. And the next fight, especially if it is Justice Breyer, or Justice Ginsburg. Because the next justice could determine the course of the court for the next generation.
Or not, as we know. You just never know.