Neil Gorsuch
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Neil Gorsuch | |
---|---|
Associate Justice of the Supreme Court of the United States | |
Incumbent | |
Assumed office April 8, 2017 | |
Nominated by | Donald Trump |
Preceded by | Antonin Scalia |
Judge of the United States Court of Appeals for the Tenth Circuit | |
In office August 8, 2006 – April 9, 2017 | |
Nominated by | George W. Bush |
Preceded by | David M. Ebel |
Succeeded by | Allison H. Eid |
Personal details | |
Born | Neil McGill Gorsuch (1967-08-29) August 29, 1967 Denver, Colorado, U.S. |
Political party | Republican |
Spouse(s) | Louise Burleston (m. 1996) |
Children | 2 |
Parents | David Gorsuch Anne Gorsuch Burford |
Education | Columbia University (BA) Harvard University (JD) University College, Oxford (DPhil) |
Neil McGill Gorsuch (/ˈɡɔːrˌsʌtʃ/;[1] born August 29, 1967)[2] is an Associate Justice of the Supreme Court of the United States.[3] He was nominated by President Donald Trump to succeed Antonin Scalia[4][5] and took the oath of office on April 10, 2017.
Gorsuch is a proponent of textualism in statutory interpretation and originalism in interpreting the United States Constitution.[6][7][8] Along with Justice Clarence Thomas, he is an advocate of natural law jurisprudence.[9] Gorsuch clerked for Judge David B. Sentelle of the U.S. Court of Appeals for the D.C. Circuit from 1991 to 1992, and then for U.S. Supreme Court Justices Byron White and Anthony Kennedy, from 1993 to 1994. He is the first Supreme Court Justice to serve alongside another Justice for whom he once had clerked (Anthony Kennedy).[10]
From 1995 to 2005, Gorsuch was in private practice with the law firm of Kellogg, Huber, Hansen, Todd, Evans & Figel. Gorsuch was Principal Deputy Associate Attorney General at the U.S. Department of Justice from 2005 to his appointment to the Tenth Circuit. Gorsuch was nominated to the United States Court of Appeals for the Tenth Circuit by President George W. Bush on May 10, 2006, to replace Judge David M. Ebel, who took senior status in 2006.
He holds a Bachelor of Arts from Columbia University, Juris Doctor from Harvard University, and Doctor of Philosophy in Law from the University of Oxford, where he took courses and defended a doctoral thesis, concerning the morality of assisted suicide, under the supervision of philosopher John Finnis.[11][12]
Contents
1 Early life and education
2 Early legal career
2.1 Clerkships
2.2 Private law practice
2.3 U.S. Department of Justice
3 Tenure as U.S. Circuit Judge (2006–2017)
3.1 Freedom of religion
3.2 Administrative law
3.3 Interstate commerce
3.4 Campaign finance
3.5 Civil rights
3.6 Criminal law
3.7 Death penalty
3.8 List of judicial opinions
4 Nomination to Supreme Court
5 Tenure as Associate Justice (2017–present)
5.1 Banking regulation
5.2 Freedom of speech
5.3 Second Amendment
5.4 Vagueness doctrine
5.5 Reproductive rights
6 Legal philosophy
6.1 Voting alignment
6.2 Judicial activism
6.3 States' rights and federalism
6.4 Assisted suicide
7 Professional associations
8 Personal life
8.1 Religion
9 Awards and honors
10 Bibliography
11 See also
12 References
13 Further reading
14 Videos
15 External links
Early life and education
Gorsuch is the son of David Ronald Gorsuch (1937–2001)[13] and Anne Gorsuch Burford (née Anne Irene McGill; 1942–2004), a Colorado House of Representatives member who was later appointed by President Ronald Reagan to be the first female Administrator of United States Environmental Protection Agency in 1981.[14][15][16]
A fourth-generation Coloradan,[17] Gorsuch was born in Denver, Colorado, and attended Christ the King, a K-8 Catholic school.[16] In 1985, he graduated from Georgetown Preparatory School, a Jesuit school in North Bethesda, Maryland.[18][19][16][20] While attending Georgetown Prep, Gorsuch served as a United States Senate Page in the early 1980s.[21]
He received his Bachelor of Arts degree in Political Science from Columbia University in 1988, where he was inducted into Phi Beta Kappa.[2][14][22] He was also a member of Phi Gamma Delta fraternity.[23] As an undergraduate student, he wrote for the Columbia Daily Spectator student newspaper.[24][25] In 1986, he co-founded the alternative Columbia student newspaper The Fed.[26]
Gorsuch attended Harvard Law School where he graduated cum laude in 1991 with a Juris Doctor.[2][14] He received a Harry S. Truman Scholarship to attend.[27] While at Harvard, Gorsuch was an editor on the Harvard Journal of Law and Public Policy.[28] He was described as a committed conservative who supported the Gulf War and congressional term limits, on "a campus full of ardent liberals".[29] Former President Barack Obama was one of Gorsuch's classmates at Harvard Law.[30][31][32]
In 2004 he was awarded a DPhil in law (legal philosophy) from the University of Oxford, where he completed research on assisted suicide and euthanasia as a postgraduate student of University College, Oxford.[11][2][14] A Marshall Scholarship enabled him to study at Oxford where he was supervised by the natural law philosopher John Finnis.[11][7][12] In 1996, Gorsuch married his wife Louise, an English woman and champion equestrienne on Oxford's riding team whom he met during his stay at Oxford.[16][33]
Early legal career
Clerkships
Gorsuch served as a judicial clerk for Judge David B. Sentelle of the United States Court of Appeals for the D.C. Circuit from 1991 to 1992, and then for Supreme Court of the United States Justices Byron White and Anthony Kennedy from 1993 to 1994.[28][2][34] Gorsuch's work with White occurred right after White retired from the Supreme Court, therefore, Gorsuch assisted White with his work on the Tenth Circuit, where White sat by designation.[2] Gorsuch was part of a group of five law clerks assigned that year which included Brett Kavanaugh who described Gorsuch at the time stating: "He fit into the place very easily. He's just an easy guy to get along with. He doesn't have sharp elbows. We had a wide range of views, but we all really got along well."[35]
Private law practice
Instead of joining an established law firm, Gorsuch decided to join the two-year-old boutique firm Kellogg, Huber, Hansen, Todd, Evans & Figel, where he focused on trial work.[16] After winning his first trial as lead attorney, a jury member told Gorsuch he was like Perry Mason.[16] He was an associate in the Washington, D.C., law firm from 1995 to 1997 and a partner from 1998 to 2005.[2][36] Gorsuch's clients included Colorado billionaire Philip Anschutz.[37] At Kellogg Huber, Gorsuch focused on commercial matters, including contracts, anititrust, RICO, and securities fraud.[2]
In 2002, Gorsuch penned an op-ed criticizing the Senate for delaying the nominations of Merrick Garland and John Roberts to the United States Court of Appeals for the District of Columbia Circuit, writing that "the most impressive judicial nominees are grossly mistreated" by the Senate.[38]
In 2005, at Kellogg Huber, Gorsuch wrote a brief denouncing class action lawsuits by shareholders. In the case of Dura Pharmaceuticals, Inc. v. Broudo, Gorsuch opined that "The free ride to fast riches enjoyed by securities class action attorneys in recent years appeared to hit a speed bump" and that "the problem is that securities fraud litigation imposes an enormous toll on the economy, affecting virtually every public corporation in America at one time or another and costing businesses billions of dollars in settlements every year".[36]
U.S. Department of Justice
Gorsuch served as Principal Deputy to the Associate Attorney General, Robert McCallum, at the United States Department of Justice from 2005 until 2006.[28][2] As McCallum's Principal Deputy, Gorsuch assisted in managing the Department of Justice's civil litigation components, which included antitrust, civil, civil rights, environment, and tax divisions.[2]
While managing the United States Department of Justice Civil Division, Gorsuch was tasked with all the "terror litigation" arising from the President's War on Terror, successfully defending the extraordinary rendition of Khalid El-Masri, fighting the disclosure of Abu Ghraib torture and prisoner abuse photographs, and, in November 2005, traveling to inspect the Guantanamo Bay detention camp.[39]
Gorsuch helped Attorney General Alberto Gonzales prepare for hearings after the public revelation of NSA warrantless surveillance (2001–07), and worked with Senator Lindsey Graham in drafting the provisions in the Detainee Treatment Act which attempted to strip federal courts of jurisdiction over the detainees.[40]
Tenure as U.S. Circuit Judge (2006–2017)
In January 2006, Philip Anschutz recommended Gorsuch's nomination to Colorado's U.S. Senator Wayne Allard and White House Counsel Harriet Miers.[37] On May 10, 2006, Gorsuch was nominated by President George W. Bush to the seat on the United States Court of Appeals for the Tenth Circuit vacated by Judge David M. Ebel, who was taking senior status.[14] Like Gorsuch, Ebel was a former clerk of Supreme Court Justice Byron R. White. The American Bar Association's Standing Committee on the Federal Judiciary unanimously rated him "well qualified" in 2006.[41][42][2]
Just over two months later, on July 20, 2006, Gorsuch was confirmed by unanimous voice vote in the U.S. Senate.[43][44] Gorsuch was President Bush's fifth appointment to the Tenth Circuit.[45] When Gorsuch began his tenure at Denver's Byron White United States Courthouse, Justice Anthony Kennedy administered the oath of office.[38]
During his time on the Court of Appeals, ten of Gorsuch's law clerks went on to become Supreme Court clerks, and he was sometimes regarded as a "feeder judge".[46] One of his former clerks, Jonathan Papik, became an Associate Justice of the Nebraska Supreme Court in 2018.[47]
During his time on the Circuit Court, since 2008, Gorsuch was a Thomson Visiting Professor at the University of Colorado Law School, teaching one course per semester, either ethics or antitrust law.[48][49]
Freedom of religion
Gorsuch advocates a broad definition of religious freedom that is inimical to Church–State separation advocates.[50][51][52]
In Hobby Lobby Stores v. Sebelius (2013), Gorsuch wrote a concurrence when the en banc circuit found the Affordable Care Act's contraceptive mandate on a private business violated the Religious Freedom Restoration Act.[53] That ruling was upheld 5–4 by the Supreme Court in Burwell v. Hobby Lobby Stores, Inc. (2014).[54] When a panel of the court denied similar claims under the same act in Little Sisters of the Poor Home for the Aged v. Burwell (2015), Gorsuch joined Judges Harris Hartz, Paul Joseph Kelly Jr., Timothy Tymkovich, and Jerome Holmes in their dissent to the denial of rehearing en banc.[55] That ruling was vacated and remanded to the Tenth Circuit by the per curium Supreme Court in Zubik v. Burwell (2016).[54]
In Pleasant Grove City v. Summum (2007), he joined Judge Michael W. McConnell's dissent from the denial of rehearing en banc, taking the view that the government's display of a donated Ten Commandments monument in a public park did not obligate the government to display other offered monuments.[56] Most of the dissent's view was subsequently adopted by the Supreme Court, which reversed the judgment of the Tenth Circuit.[54] Gorsuch has written that "the law [...] doesn't just apply to protect popular religious beliefs: it does perhaps its most important work in protecting unpopular religious beliefs, vindicating this nation's long-held aspiration to serve as a refuge of religious tolerance".[57]
Administrative law
Gorsuch has called for reconsideration of Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984), in which the Supreme Court instructed courts to grant deference to federal agencies' interpretation of ambiguous laws and regulations. In Gutierrez-Brizuela v. Lynch (2016), Gorsuch wrote for a unanimous panel finding that court review was required before an executive agency could reject the circuit court's interpretation of an immigration law.[58][59]
Alone, Gorsuch added a concurring opinion, criticizing Chevron deference and National Cable & Telecommunications Ass'n v. Brand X Internet Services (2005) as an "abdication of judicial duty", writing that deference is "more than a little difficult to square with the Constitution of the framers' design".[60][61]
In United States v. Hinckley (2008), Gorsuch argued that one possible reading of the Sex Offender Registration and Notification Act likely violates the nondelegation doctrine.[62] Antonin Scalia and Ruth Bader Ginsburg had held the same view in their 2012 dissent of Reynolds v. United States.[63]
Interstate commerce
Gorsuch has been an opponent of the dormant Commerce Clause, which allows state laws to be declared unconstitutional if they too greatly burden interstate commerce. In 2011, Gorsuch joined a unanimous panel finding that the dormant Commerce Clause did not prevent the Oklahoma Water Resources Board from blocking water exports to Texas.[64] That ruling was affirmed by a unanimous Supreme Court in Tarrant Regional Water District v. Herrmann (2013).[65]
In 2013, Gorsuch joined a unanimous panel finding that federal courts could not hear a challenge to Colorado's internet sales tax.[66] That ruling was reversed by a unanimous Supreme Court in Direct Marketing Ass'n v. Brohl (2015).[65] In 2016, the Tenth Circuit panel rejected the challenger's dormant commerce clause claim, with Gorsuch writing a concurrence.[67]
In Energy and Environmental Legal Institute v. Joshua Epel (2015), Gorsuch held that Colorado's mandates for renewable energy did not violate the commerce clause by putting out-of-state coal companies at a disadvantage.[68] Gorsuch wrote that the Colorado renewable energy law "isn't a price-control statute, it doesn't link prices paid in Colorado with those paid out of state, and it does not discriminate against out-of-staters".[69][70]
Campaign finance
In Riddle v. Hickenlooper (2014), Gorsuch joined a unanimous panel of the Tenth Circuit in finding that it was unconstitutional for a Colorado law to set the limit on donations for write-in candidates at half the amount for major party candidates.[71] Gorsuch added a concurrence where he noted that although the standard of review of campaign finance in the United States is unclear, the Colorado law would fail even under intermediate scrutiny.[72]
Civil rights
In Planned Parenthood v. Gary Herbert (2016), Gorsuch wrote for the four dissenting judges when the Tenth Circuit denied a rehearing en banc of a divided panel opinion that had ordered the Utah Governor to resume the organization's funding, which Herbert had blocked in response to a video controversy.[73][74]
In A.M., on behalf of her minor child, F.M. v. Ann Holmes (2016), the Tenth Circuit considered a case in which a 13-year-old child was arrested for burping and laughing in gym class. The child was handcuffed and arrested based on a New Mexico statute that makes it a misdemeanor to disrupt school activities. The child's family brought a federal 42 U.S.C. § 1983 (civil rights) action against school officials and the school resource officer who made the arrest, arguing that it was a false arrest that violated the child's constitutional rights. In a 94-page majority opinion, the Tenth Circuit held that the defendants enjoyed qualified immunity from suit.[75] Gorsuch wrote a four-page dissent, arguing that the New Mexico Court of Appeals had "long ago alerted law enforcement" that the statute that the officer relied upon for the child's arrest does not criminalize noises or diversions that merely disturb order in a classroom.[76][77][75]
Criminal law
In 2009, Gorsuch wrote for a unanimous panel finding that a court may still order criminals to pay restitution even after it missed a statutory deadline.[78] That ruling was affirmed 5–4 by the Supreme Court in Dolan v. United States (2010).[65]
In United States of America v. Miguel Games-Perez (2012), Gorsuch ruled on a case where a felon owned a gun in a jurisdiction where gun ownership by felons is illegal; however, the felon did not know that he was a felon at the time. Gorsuch concurred with the opinion that "The only statutory element separating innocent (even constitutionally protected) gun possession from criminal conduct in §§ 922(g) and 924(a) is a prior felony conviction. So the presumption that the government must prove mens rea here applies with full force."[79]
In 2013, Gorsuch joined a unanimous panel finding that intent does not need to be proven under a bank fraud statute.[80] That ruling was affirmed by a Supreme Court unanimous in judgment in Loughrin v. United States (2014).[65] In 2015, Gorsuch wrote a dissent to the denial of rehearing en banc when the Tenth Circuit found that a convicted sex offender had to register with Kansas after he moved to the Philippines.[81] The Tenth Circuit was then reversed by a unanimous Supreme Court in Nichols v. United States (2016).[65]
Death penalty
Gorsuch favors a strict reading of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA).[54] In 2015, he wrote for the court when it permitted Oklahoma Attorney General Scott Pruitt to order the execution of Scott Eizember, prompting a thirty-page dissent by Judge Mary Beck Briscoe.[82][83] After the state's unsuccessful execution of Clayton Lockett, Gorsuch joined Briscoe when the court unanimously allowed Attorney General Pruitt to continue using the same lethal injection protocol. That ruling was upheld 5–4 by the Supreme Court in Glossip v. Gross (2015).[84]
List of judicial opinions
During his tenure on the United States Court of Appeals for the Tenth Circuit, Gorsuch authored 212 published opinions.[85] Some of those are the following opinions:
United States v. Hinckley, 550 F. 3d 926 (2008) on principles of interpretation and construction of a statute, according to plain meaning and context
United States v. Ford, 550 F. 3d 975 (2008) on entrapment and email evidence
Blausey v. US Trustee, 552 F. 3d 1124 (2009) on procedure
Williams v. Jones, 583 F. 3d 1254 (2009) dissent, on murder and evidence
Wilson v. Workman, 577 F. 3d 1284 (2009) habeas corpus writ procedure
Fisher v. City of Las Cruces, 584 F. 3d 888 (2009) Fourth Amendment excessive force claims against police officers
Strickland v. United Parcel Service, Inc., 555 F. 3d 1224 (2009) on gender discrimination and harassment, arguing that if men are treated as equally badly as women, there is no claim
American Atheists, Inc. v. Davenport, 637 F. 3d 1095 (2010) on crosses displayed on highways
Flitton v. Primary Residential Mortgage, Inc. (2010) on jurisdiction over attorney fees in a gender discrimination and retaliation case
Laborers' International Union, Local 578 v. NLRB, 594 F. 3d 732 (2010) dismissing the union's challenge to a National Labor Relations Board (NLRB) finding that the union committed an unfair labor practice by persuading a company to dismiss a worker who did not pay union dues
McClendon v. City of Albuquerque, 630 F. 3d 1288 (2011) dismissing class action lawsuit over inhumane jail conditions
Public Service Co. of New Mexico v. NLRB, 692 F. 3d 1068 (2012) dismissing a union's claim that the NLRB was wrong to not find an unfair labor practice, when an employer dismissed a worker for deliberately disconnecting a customer's gas supply (no evidence that it treated this employee differently)
United States v. Games-Perez, 695 F. 3d 1104 (2012) on imprisonment without trial
United States v. Games-Perez, 667 F. 3d 1136 (2012) on criminal law procedure
Hobby Lobby Stores, Inc. v. Sebelius, 723 F. 3d 1114 (2013) on the Affordable Care Act and religious freedom
Niemi v. Lasshofer, 728 F. 3d 1252 (2013) fugitive disentitlement doctrine
Riddle v. Hickenlooper, 742 F. 3d 922 (2014) stating: "No one before us disputes that the act of contributing to political campaigns implicates a 'basic constitutional freedom,' one lying 'at the foundation of a free society' and enjoying a significant relationship to the right to speak and associate—both expressly protected First Amendment activities. Buckley v. Valeo, 424 U.S. 1, 26 (1976)"
Yellowbear v. Lampert, 741 F. 3d 48 (2014) freedom to practice religion in prison
Teamsters Local Union No. 455 v. NLRB, 765 F. 3d 1198 (2014) denying a labor union's claim that a lockout entitled employees to back pay, under the NLRA 1935, 29 USC § 158(a)(1)
United States v. Krueger, 809 F. 3d 1109 (2015) regarding the Fourth Amendment and search and seizures
International Union of Operating Engineers v. NLRB Nos. 14-9605, 14-9613 (2015) on NLRB's review of an unfair labor practice by a union, removing an employee from an eligible work list and refusing her the right to review
United States v. Arthurs (2016) evidence
United States v. Mitchell (2016) evidence, tracking without a warrant
NLRB v. Community Health Services, 812 F.3d 768 (2016) dissenting, arguing against an NLRB decision that interim earnings should not be disregarded when calculating back pay for employees whose hours were unlawfully reduced
TransAm Trucking v. Administrative Review Board, 833 F. 3d 1206 (2016) dissenting against the majority's judgment that an employee was unjustly dismissed.
Gutierrez-Brizuela v. Lynch, 834 F.3d 1142 (2016) on U.S. administrative law, doubting the doctrine of deference to the federal government by courts in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 US 837 (1984)
Nomination to Supreme Court
Play media
During the U.S. presidential election in September 2016, candidate Donald Trump included Gorsuch, as well as his circuit colleague Timothy Tymkovich, in a list of 21 current judges whom Trump would consider nominating to the Supreme Court if elected.[86][87] After Trump took office in January 2017, unnamed Trump advisers listed Gorsuch in a shorter list of eight of those names, who they said were the leading contenders to be nominated to fill the seat left vacant by the death of Justice Antonin Scalia.[88]
On January 31, 2017, President Trump announced his nomination of Gorsuch to the Supreme Court.[5] Gorsuch was 49 years old at the time of the nomination, making him the youngest nominee to the Supreme Court since the 1991 nomination of Clarence Thomas (who was 43).[89] It was reported by the Associated Press that, as a courtesy, Gorsuch's first call after the nomination was to President Obama's pick for the same position, Merrick Garland, Chief Judge of the United States Court of Appeals for the District of Columbia Circuit. Garland had been nominated by Obama on March 16, 2016. Senate Judiciary Committee Chairman Chuck Grassley did not schedule a hearing for the nominee, leaving Garland's nomination to expire on January 3, 2017.[90] Senate Majority Leader Mitch McConnell invoked the so-called "Biden Rule" (of 1992) to justify the Senate's refusal to consider the nomination of Merrick Garland in a general election year.[91][92][93]
Trump formally transmitted his nomination to the Senate on February 1, 2017.[94] The American Bar Association unanimously gave Gorsuch its top rating—"Well Qualified"—to serve as Associate Justice of the U.S. Supreme Court.[95] His confirmation hearing before the Senate started on March 20, 2017.[96]
On April 3, the Senate Judiciary Committee approved his nomination with a party-line 11–9 vote.[97] On April 6, 2017, Democrats filibustered (prevented cloture) the confirmation vote of Gorsuch, after which the Republicans invoked the "nuclear option", allowing a filibuster of a Supreme Court nominee to be broken by a simple majority vote.[98]
On April 4, Buzzfeed and Politico ran articles highlighting similar language occurring in Gorsuch's book The Future of Assisted Suicide and Euthanasia and an earlier law review article by Abigail Lawlis Kuzma, Indiana's deputy attorney general. Academic experts contacted by Politico "differed in their assessment of what Gorsuch did, ranging from calling it a clear impropriety to mere sloppiness."[99][100][101][102]
John Finnis, who supervised Gorsuch's dissertation at Oxford, stated that "The allegation is entirely without foundation. The book is meticulous in its citation of primary sources. The allegation that the book is guilty of plagiarism because it does not cite secondary sources which draw on those same primary sources is, frankly, absurd." Kuzma stated, "I have reviewed both passages and do not see an issue here, even though the language is similar. These passages are factual, not analytical in nature, framing both the technical legal and medical circumstances of the 'Baby/Infant Doe' case that occurred in 1982."[100] In his book on Gorsuch, John Greenya described how Gorsuch was challenged during his confirmation hearings concerning some of his dissertation advisor's more strident views, which Gorsuch generally disagreed with.[103]
On April 7, 2017, the Senate confirmed Gorsuch's nomination to the Supreme Court by a 54–45 vote, with three Democrats (Heidi Heitkamp, Joe Manchin, and Joe Donnelly) joining all the Republicans in attendance.[104]
Gorsuch received his commission on April 8, 2017.[105] He was sworn into office on Monday, April 10, 2017, in two ceremonies. The Chief Justice of the United States administered the constitutional oath of office in a private ceremony at 9:00 a.m. at the Supreme Court, making Gorsuch the 101st associate justice of the Court. At 11:00 a.m., Justice Anthony M. Kennedy administered the judicial oath of office in a public ceremony at the White House Rose Garden.[106][107][108]
Tenure as Associate Justice (2017–present)
Banking regulation
Gorsuch wrote his first U.S. Supreme Court decision for a unanimous court in Henson v. Santander Consumer USA Inc., 582 U.S. ___ (2017). Gorsuch and the Court ruled against the borrowers, holding that Santander in this case is not a debt collector under the Fair Debt Collection Practices Act since they purchased the original defaulted car loans from CitiFinancial for pennies on the dollar, making Santander the owner of the debts and not merely an agent.[109] When the act was enacted, regulations were put on institutions that collected other companies' debts, but the act left unaddressed businesses collecting their own debts.[110][111]
Freedom of speech
Gorsuch joined the majority in National Institute of Family and Life Advocates v. Becerra, and Janus v. AFSCME, which both held unconstitutional certain forms of compelled speech.[112][113]
Second Amendment
Gorsuch joined Justice Thomas' dissent from denial of certiorari in Peruta v. San Diego County, in which the Ninth Circuit had upheld California's restrictive concealed carry laws.[114]
Vagueness doctrine
In Sessions v. Dimaya, the Supreme Court ruled 5–4 to uphold the Ninth Circuit's decision that the residual clause in the Immigration and Nationality Act was unconstitutionally vague. Gorsuch joined Justices Kagan, Ginsburg, Breyer, and Sotomayor in the opinion, as well as authoring a separate concurring opinion reiterating the importance of the vagueness doctrine within Justice Scalia's opinion in Johnson.[115]
Reproductive rights
In December 2018, Gorsuch dissented when the Court voted against hearing cases brought by the states of Louisiana and Kansas to deny Medicaid funding to Planned Parenthood.[116] Gorsuch, along with Justice Alito, joined the dissent authored by Justice Thomas, arguing that it was the court's job to hear the case.[117]
Legal philosophy
Gorsuch is a proponent of originalism, the idea that the Constitution should be interpreted as perceived at the time of enactment, and of textualism, the idea that statutes should be interpreted literally, without considering the legislative history and underlying purpose of the law.[6][7][8] An editorial in the National Catholic Register opined that Gorsuch's judicial decisions lean more toward the natural law philosophy.[118]
Voting alignment
FiveThirtyEight used Lee Epstein et al.'s Judicial Common Space scores[119] (which are not based on a judge's behavior, but rather the ideology scores of either home state senators or the appointing president) to find a close alignment between the conservatism of other appellate and Supreme Court judges such as Brett Kavanaugh, Clarence Thomas, and Samuel Alito.[120]The Washington Post's statistical analysis estimated that the ideologies of most of Trump's announced candidates were "statistically indistinguishable" and also associated Gorsuch with Kavanaugh and Alito.[121]
Judicial activism
In a 2016 speech at Case Western Reserve University, Gorsuch said that judges should strive to apply the law as it is, focusing backward, not forward, and looking to text, structure, and history to decide what a reasonable reader at the time of the events in question would have understood the law to be—not to decide cases based on their own moral convictions or the policy consequences they believe might serve society best.[122]
In a 2005 article published by National Review, Gorsuch argued that "American liberals have become addicted to the courtroom, relying on judges and lawyers rather than elected leaders and the ballot box, as the primary means of effecting their social agenda" and that they are "failing to reach out and persuade the public". Gorsuch wrote that, in doing so, American liberals are circumventing the democratic process on issues like gay marriage, school vouchers, and assisted suicide, and this has led to a compromised judiciary, which is no longer independent. Gorsuch wrote that American liberals' "overweening addiction" to using the courts for social debate is "bad for the nation and bad for the judiciary".[123][43]
States' rights and federalism
Gorsuch was described by Justin Marceau, a professor at the University of Denver's Sturm College of Law, as "a predictably socially conservative judge who tends to favor state power over federal power". Marceau added that the issue of states' rights is important since federal laws have been used to reel in "rogue" state laws in civil rights cases.[124]
Assisted suicide
In July 2006, Gorsuch's book, The Future of Assisted Suicide and Euthanasia, which was developed from his doctoral thesis, was published by Princeton University Press.[125][126][127][11]
In the book, Gorsuch makes clear his personal opposition to euthanasia and assisted suicide, arguing that the U.S. should "retain existing law [banning assisted suicide and euthanasia] on the basis that human life is fundamentally and inherently valuable, and that the intentional taking of human life by private persons is always wrong."[126][57][128]
Professional associations
Gorsuch has been active in several professional associations throughout his legal career.[2] Those associations have included the American Bar Association, the American Trial Lawyers Association, Phi Beta Kappa, the Republican National Lawyers Association, and the New York, Colorado, and District of Columbia Bar Associations.[2]
Personal life
Gorsuch and his wife, Marie Louise Gorsuch,[129] who is a British citizen, met at Oxford. They married at her Church of England parish in Henley-on-Thames in 1996.[130] They live in Boulder, Colorado and have two daughters.[131][49][20]
Gorsuch has timeshare ownership of a cabin on the headwaters of the Colorado River outside Granby, Colorado with associates of Philip Anschutz.[37] He enjoys the outdoors and fly fishing and on at least one occasion went fly fishing with Justice Scalia.[17][132] He raises horses, chickens, and goats, and often arranges ski trips with colleagues and friends.[54]
He has authored two non-fiction books. His first book, The Future of Assisted Suicide and Euthanasia, was published by Princeton University Press in July 2006.[133] He is a co-author of The Law of Judicial Precedent, published by Thomson West in 2016.[36]
Religion
Justice Neil Gorsuch is the first member of a mainline Protestant denomination to sit on the Supreme Court since the retirement of John Paul Stevens in 2010.[134][135][136] He also has ties to Catholicism. Neil and his two siblings, brother J.J. and sister Stephanie, were raised as Roman Catholics and attended weekly Mass. Neil Gorsuch later attended Georgetown Preparatory School, a Roman Catholic Jesuit school in North Bethesda, Maryland, from which he graduated in 1985.[18][19][16][20] Gorsuch's wife, Louise, is British-born; the two met while Neil was studying at Oxford. Louise was raised in the Church of England.[137] The two married at St. Nicholas' Anglican Church in Henley-on-Thames.[138]
When the couple returned to the United States they started attending Holy Comforter, an Episcopal parish in Vienna, Virginia, where he also volunteered as an usher.[136] Church records indicate that the Gorsuches were members of Holy Comforter. He later attended St. John's Episcopal Church in Boulder, Colorado, considered a liberal church because it kept an open-door policy for the LGBT community prior to legislation establishing gender preference equality laws.[139][5][140] The Episcopal Church and the Church of England are both members of the Anglican Communion, which considers itself to be both Catholic and Protestant but rejects papal authority.[141][142] After marrying in a non-Roman Catholic ceremony and joining an Episcopal church, Gorsuch has not publicly stated if he considers himself a Roman Catholic who is also a Protestant or simply a Protestant.[143]
Awards and honors
Gorsuch is the recipient of the Edward J. Randolph Award for outstanding service to the Department of Justice, and of the Harry S. Truman Foundation's Stevens Award for outstanding public service in the field of law.[49]
Bibliography
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See also
- Donald Trump judicial appointment controversies
- Donald Trump Supreme Court candidates
- List of law clerks of the Supreme Court of the United States
References
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^ The same 1993 Term, Gorsuch's Harvard Law School classmates David T. Goldberg (HLS 1991) and Julius Genachowski (HLS 1991) both clerked for Justice David Souter.
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^ "Recent Cases: Tenth Circuit Holds For-Profit Corporate Plaintiffs Likely to Succeed on the Merits of Substantial Burden on Religious Claim", 127 Harv. L. Rev. 1025 (2014) discussing Hobby Lobby Stores, Inc. v. Sebelius, 723 F.3d 1114 (10th Cir. 2013).
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^ Little Sisters of the Poor Home for the Aged v. Burwell, 799 F.3d 1315 (10th Cir. 2015) (Hartz, J., dissenting from denial of rehearing en banc).
^ Summum v. Pleasant Grove City, 499 F.3d 1170, 1175 (10th Cir. 2007) (McConnell, J., dissenting from denial of rehearing en banc)..
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^ Adler, Jonathan H. (August 24, 2016). "Should Chevron be reconsidered? A federal judge thinks so". The Washington Post.
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^ Tarrant Regional Water Dist. v. Herrmann, 656 F.3d 1222 (10th Cir. 2011).
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^ Direct Marketing Ass'n v. Brohl, 735 F. 3d 904 (10th Circ. 2013).
^ Direct Marketing Ass'n v. Brohl, 814 F.3d 1129 (10th Cir. 2016).
^ Energy and Environment Legal Institute v. Epel, 793 F.3d 1169 (10th Cir. 2015).
^ Proctor, Cathy (July 14, 2015). "Federal judges rule on Colorado's renewable energy mandate". Denver Business Journal.
^ "Energy and Environmental Legal Institute v. Joshua Epel" (PDF). United States Court of Appeals for the Tenth Circuit. July 13, 2015.
^ Torres-Spelliscy, Ciara (February 3, 2017). "Neil Gorsuch Understands Campaign Finance — And That's The Problem". Brennan Center for Justice. Retrieved March 20, 2017.
[permanent dead link]
^ Riddle v. Hickenlooper, 742 F.3d 922 (10th Cir. 2014).
^ Robert Barnes (March 18, 2017). "Rulings offer glimpse into what kind of justice Gorsuch would be". The Washington Post. p. A1. Retrieved March 20, 2017.
^ Planned Parenthood Association of Utah v. Herbert, 839 F.3d 1301 (10th Cir. 2016).
^ ab "A.M., on behalf of her minor child, F.M. v. Ann Holmes; Principal Susan Labarge; Arthur Acosta, City of Albuquerque Police Officer, in his individual capacity" (PDF). United States Court of Appeals Tenth Circuit. July 25, 2016. Retrieved February 1, 2017. Majority finding on qualified immunity, pp. 93-94; Gorsuch dissent, pp. 1-4.
^ Feldman, Noah (July 27, 2016). "A Belch in Gym Class. Then Handcuffs and a Lawsuit". Bloomberg. New York. Retrieved February 1, 2017.
^ Sandlin, Scott (July 28, 2016). "Burp arrest of 7th-grader upheld by fed appeals court". Albuquerque Journal. Albuquerque, New Mexico.
^ United States v. Dolan, 571 F.3d 1022 (10th Cir. 2009).
^ "United States of America v. Miguel Games-Perez" (PDF). United States Court of Appeals for the Tenth Circuit. September 17, 2012.
^ United States v. Loughrin, 710 F.3d 1111 (10th Cir. 2013)
^ United States v. Nichols, 784 F. 3d 666, 667 (10th 2015) (Gorsuch, J., dissenting from denial of rehearing en banc).
^ Boczkiewicz, Robert (September 15, 2015). "Court upholds death penalty in deadly 2003 Oklahoma crime spree". The Oklahoman.
^ Eizember v. Trammell, 803 F.3d 1129 (10th Cir. 2015).
^ "The Supreme Court, 2014 Term: Leading Cases" (PDF). Harvard Law Review. 129: 171. 2015.
^ "Selected Resources on Neil M. Gorsuch". Law Library of Congress. Library of Congress. Retrieved February 6, 2017.
^ Carpentier, Megan (September 24, 2016). "Trump's supreme court picks: from Tea Party senator to anti-abortion crusader". The Guardian. Retrieved October 12, 2016.
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^ "Gorsuch Phoned Garland, the Judge GOP Rejected", Telegram.com, February 1, 2017.
^ "In Context: The 'Biden Rule' on Supreme Court nominations in an election year". PolitiFact. Retrieved June 26, 2018.
^ Davis, Julie Hirschfeld (2016-02-22). "Joe Biden Argued for Delaying Supreme Court Picks in 1992 - The New York Times". The New York Times. Nytimes.com. Retrieved June 26, 2018.
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^ Killough, Ashley. "GOP triggers nuclear option on Neil Gorsuch nomination". CNN Politics. Retrieved April 7, 2017.
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^ Williams, Joseph P. Neil Gorsuch Submits First Legal Opinion as a Supreme Court Judge, U.S. News & World Report, June 12, 2017.
^ NIFLA v. Becerra
^ Janus v. AFSCME
^ Peruta v. California
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^ Higgins, Tucker (2018-12-10). "Supreme Court hamstrings states' efforts to defund Planned Parenthood". www.cnbc.com. Retrieved 2018-12-11.
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Epstein, Lee; Martin, Andrew D.; Segal, Jeffrey A.; Westerland, Chad (May 2007). "The Judicial Common Space". Journal of Law, Economics, and Organization. 23 (2): 303–325. doi:10.1093/jleo/ewm024.
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^ Cope, Kevin (July 7, 2018). "Exactly how conservative are the judges on Trump's short list for the Supreme Court? Take a look at this one chart". The Washington Post. Retrieved July 9, 2018.
^ de Vogue, Ariane (January 25, 2017). "How Neil Gorsuch could end up as Donald Trump's Supreme Court nominee". CNN.
^ Gorsuch, Neil (February 7, 2005). "Liberals 'N' Lawsuits". National Review.
^ Simpson, Kevin (December 11, 2016). "Neil Gorsuch: Elite credentials, conservative western roots land Denver native on SCOTUS list". The Denver Post.
^ Gerald Dworkin (March 20, 2017). "The Future of Assisted Suicide and Euthanasia (review)". The New Rambler. Retrieved March 20, 2017.
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^ Oliver Laughland, Molly Redden, Robert Booth and Owen Bowcott (February 3, 2017). "Oxford scholar who was mentor to Neil Gorsuch compared gay sex to bestiality". The Guardian. The Guardian. Retrieved February 25, 2017.CS1 maint: Multiple names: authors list (link)
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Further reading
Questionnaire for the Nominee to the Supreme Court submitted to the U.S. Senate Committee on the Judiciary
Congressional Research Service Report R44778, Judge Neil M. Gorsuch: His Jurisprudence and Potential Impact on the Supreme Court, coordinated by Andrew Nolan, Caitlin Devereaux Lewis, and Kate M. Manuel (2017).- Congressional Research Service Report R44772, Majority, Concurring, and Dissenting Opinions by Judge Neil M. Gorsuch, coordinated by Michael John Garcia (2017).
- Congressional Research Service Legal Sidebar, The Essential Neil Gorsuch Reader: What Judge Gorsuch Cases Should You Read? (2017).
Videos
Appearances on C-SPAN
Law's Irony lecture as given at the Federalist Society (video 29 min.) YouTube.
External links
Neil Gorsuch at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.
Neil Gorsuch at Ballotpedia
Selected Resources on Neil M. Gorsuch, Law Library of Congress website
Nominee Spotlight on Judge Neil M. Gorsuch at the Stanford Law Review Online
Biography, whitehouse.gov
Legal offices | ||
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Preceded by David M. Ebel | Judge of the United States Court of Appeals for the Tenth Circuit 2006–2017 | Succeeded by Allison H. Eid |
Preceded by Antonin Scalia | Associate Justice of the Supreme Court of the United States 2017–present | Incumbent |
U.S. order of precedence (ceremonial) | ||
Preceded by Elena Kagan as Associate Justice of the Supreme Court | Order of Precedence of the United States as Associate Justice of the Supreme Court | Succeeded by Brett Kavanaugh as Associate Justice of the Supreme Court |
Supreme Court of the United States | |||||||||
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