L-R Carl Hittinger and Tyson Herrold, Baker Hostetler. (Handout Photo)
Last month we discussed Supreme Court Justice Neil Gorsuch’s confirmation hearings. Specifically, we noted the Senate Judiciary Committee’s failure to nail Gorsuch down on key antitrust issues, including issues he handled as an experienced antitrust lawyer and decided as a judge on the U.S. Court of Appeals for the Tenth Circuit, which we also wrote about. At one point, Gorsuch invoked the so-called “Ginsberg Rule” and simply declined to answer Sen. Amy Klobuchar’s question regarding, not a pending or prior case, but the Department of Justice’s 2008 report on monopolization, responding, “Oh, senator, I—there’s no way you’re [going to] get me to.” Klobuchar quickly changed the subject. Despite the senators’ reluctance to fulfill their “advise and consent” obligations under the Constitution by pressing Gorsuch on contemporary antitrust issues, the Judiciary Committee voted to send Gorsuch to the full Senate on April 3. Less than a week later, on April 7, the Senate confirmed him by a 54-45 vote, cementing Gorsuch’s place in history as the 113th justice of the Supreme Court.
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