Among the plethora of media outlets, the Washington Post is not nearly as liberal or left leaning as many others are, but according to the National Review, they do win the award for the reporting the worst analysis of the battle raging in the Senate over the confirmation of Neil Gorsuch for the US Supreme Court.
The prize for the worst analysis to date about the confirmation of Judge Neil Gorsuch to the U.S. Supreme Court should be awarded to Professor Richard Hasen of the University of California–Irvine Law School. Professor Hasen’s evolution from a serious legal scholar to a partisan mudslinger is now sadly complete.
That is the only conclusion to be drawn from his April 2 Washington Post editorial, “Neil Gorsuch got where he is because of a form of affirmative action.” In it, Hasen calls Judge Gorsuch “an affirmative action baby” who did not “get where he is today solely based on his merits.” According to Hasen, Judge Gorsuch’s remarkable career is a product of Justice White’s affinity for law clerks from his home state, Justice Kennedy’s charity, political connections, and wealthy clients. To call Hasen’s charges unfounded would be more charitable than his baseless speculation deserves. But Judge Gorsuch’s sterling achievements and well-earned success at every stage of his career need no defense from me or any impartial observer.
What does merit a response is Hasen’s attempt to use his baseless speculation about Judge Gorsuch as a launching pad for a defense of affirmative action. Remarkably, Hasen’s convoluted argument makes one of the best cases against race-based preferences anyone has seen in a very long time. Hasen’s thesis is that simply by knowing the circumstances of Judge Gorsuch’s life — being a Coloradan, having a politically active mother, and representing powerful clients — one can label him an “affirmative action baby.” But…