Former law clerks herald Supreme Court nominee Neil Gorsuch's independence

WASHINGTON — One thing you can say about Supreme Court nominee Neil Gorsuch: He inspires loyalty among his former law clerks, no matter their politics.

Every one of them who worked for Gorsuch since he became a judge in 2006 — with the exception of two now clerking at the Supreme Court — signed a letter to the Senate Judiciary Committee Tuesday heralding his independence that "will never waver."

The endorsement wasn't remarkable, coming as it did from the young men and women Gorsuch hired out of law school to work with him for a year at the U.S. Court of Appeals for the 10th Circuit in Denver. But the clerks stressed their own political independence, even as it relates to last year's refusal by Senate Republicans to vote on the president Barack Obama's nominee for the still-vacant seat.

"Our political views span the spectrum, and among us you will find differing views on how the Senate handled the nomination of Judge Merrick Garland," the letter, signed by 39 former law clerks, said. Among the signatories are three lawyers who later clerked for one of Obama's two confirmed justices, Elena Kagan and Sonia Sotomayor. "We came to his chambers from 16 different law schools in four different time zones," the letter noted. "Following our time in his service, we have gone on to every part of the legal profession."

President Trump nominated Gorsuch, 49,  to succeed the late Justice Antonin Scalia, whose death a year ago has left the high court shorthanded through large parts of two terms.

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Neil Gorsuch: Stellar résumé and Scalia-like legal philosophy

Chosen over 20 others whom Trump considered, Gorsuch has been visiting senators in hopes of clearing the 60-vote hurdle that Democrats plan to impose by using the minority party's powers. If he can't win eight of their votes, Republicans will have to change Senate rules to eliminate the filibuster for Supreme Court justices.

Last week, Gorsuch distanced himself slightly from Trump by labeling as "disheartening" and "demoralizing" comments that disparage the judicial branch. Trump previously had complained about a "so-called judge" who blocked his temporary travel ban on refugees and citizens of seven majority-Muslim countries. He later called a hearing on the ban held by an appeals court panel that ruled unanimously against him "disgraceful."

Gorsuch's comments were readily confirmed by those who are helping with his nomination, but Trump accused Democrats, who first revealed the remarks, of distorting the judge's comments.

In their letter, the former law clerks stressed Gorsuch's strict adherence to the Constitution and the rule of law, regardless of his opinions. "As law clerks who have worked at his side, we know that Judge Gorsuch never resolves a case by the light of his personal view of what the law should be," they said. "Nor does he ever bend the law to reach a particular result he desires."

"He has never feared staking out a principled position ... even if he had to do so alone," they wrote. "If confirmed, we are confident that Judge Gorsuch’s independence — grounded in the limited powers granted to the judiciary by the Constitution — will never waver."