POTUS nominates 10th Circuit Court Judge Neil Gorsuch to SCOTUS

[KEEF]

[Kotin]

as far as I can tell, this looks good.. both an originalist and texualist..

[69360]

Can Trump even get a nominee past the senate at this point?

[TommyJeff]

as far as I can tell, this looks good.. both an originalist and texualist..

Judge Nap loves the pick.
Does anyone have some more info for people like me?

[Brian4Liberty]

Wikipedia:

Neil McGill Gorsuch (born August 29, 1967)[1] is a federal judge on the United States Court of Appeals for the Tenth Circuit.[2]

Gorsuch was nominated by President George W. Bush on May 10, 2006 to replace Judge David M. Ebel, who took Senior status in 2006. Gorsuch was confirmed by voice vote by the U.S. Senate on July 20, 2006. Gorsuch is Bush's fifth appointment to the Tenth Circuit.

Before joining the Tenth Circuit, Gorsuch had been a Deputy Associate Attorney General at the U.S. Department of Justice since 2005. From 1995-2005, Gorsuch was in private practice with the law firm of Kellogg, Huber, Hansen, Todd, Evans & Figel. Gorsuch graduated from the Georgetown Preparatory School and received a B.A. from Columbia University (where he was the founder and first chief editor of alternative newspaper The Fed and won a Truman Scholarship). He earned his J.D. from Harvard Law School and Doctorate of Legal Philosophy from Oxford University.

Gorsuch clerked for Judge David B. Sentelle on the United States Court of Appeals for the D.C. Circuit from 1991-1992, and then for United States Supreme Court Justices Byron White and Anthony Kennedy from 1993-1994. Gorsuch is a proponent of originalism and of textualism in interpreting the Constitution.[3][4][5] His first book, The Future of Assisted Suicide and Euthanasia, was published by Princeton University Press in July 2006.

On January 31, 2017, President Donald Trump nominated Gorsuch to be an Associate Justice of the Supreme Court of the United States, to fill the seat left vacant after the death of Justice Antonin Scalia.

Contents

1 Early life and education
2 Career
2.1 United States Court of Appeals for the Tenth Circuit
2.1.1 Freedom of religion
2.1.2 Authority of federal agencies
2.1.3 Interstate commerce
2.1.4 Criminal law
2.1.5 Death penalty
2.2 Nomination to the U.S. Supreme Court
3 Legal philosophy
3.1 Judicial Activism
3.2 States' rights
3.3 Abortion
3.4 Euthanasia
4 Personal life
5 See also
6 References
7 External links

Early life and education

Gorsuch is the son of David Gorsuch and Anne Gorsuch Burford (née Anne Irene McGill), a Republican and states' rights proponent, who, under President Ronald Reagan, was the first female head of the United States Environmental Protection Agency from 1981 to 1983, when she was forced to resign for failure to turn over documents to Congress related to the alleged mishandling of Superfund.[6][7] Neil Gorsuch was born in Denver, Colorado but moved to Washington, DC as a teenager, after his mother was appointed to the EPA.[8]

In 1985, he graduated from the Georgetown Preparatory School.[9] He received a B.A. from Columbia University in 1988.[1][6] While a student at Columbia University, he wrote columns for the Columbia Daily Spectator student newspaper[10] and was a fan of the Columbia University Marching Band.[11] In 1986, he co-founded the alternative Columbia student newspaper, The Fed.[12] He earned his J.D. from Harvard Law School in 1991,[1][6] where he received a Truman Scholarship.[13] He received a Doctor of Philosophy in Law from University College at Oxford University in 2004,[1][6] where he received a Marshall Scholarship.[4]
Career

Gorsuch clerked for Judge David B. Sentelle on the United States Court of Appeals for the D.C. Circuit from 1991–1992, and then for United States Supreme Court Justices Byron White and Anthony Kennedy from 1993–1994.[1]

From 1995–2005, Gorsuch was a lawyer at the Washington, D.C. law firm of Kellogg, Huber, Hansen, Todd, Evans & Figel.[14] He was an associate from 1995–1997 and a partner from 1998–2005.[1] The law firm, which includes partner Peter W. Huber, is known as an "uber-elite..litigation boutique" that pays associates starting salaries of over $225,000 per year, starting bonuses of $175,000, and year-end bonuses of $100,000 to $300,000.[15]

While he was a partner at the firm, Gorsuch wrote a brief denouncing class action lawsuits by shareholders.[14] In the case of Dura Pharmaceuticals 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”.[14]

He served as Principal Deputy to the Associate Attorney General, Robert McCallum, at the U.S. Department of Justice from 2005 until 2006.[1]
United States Court of Appeals for the Tenth Circuit

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 when he took senior status.[6] Like Gorsuch, Ebel was also a former clerk of Supreme Court Justice Byron R. White. Just over two months later, on July 20, 2006, Gorsuch was confirmed by voice vote in the U.S. Senate.[16][6] Gorsuch was President Bush's fifth appointment to the Tenth Circuit.[17]

Since he took office, Gorsuch has sent some of his law clerks on to become Supreme Court clerks, and he is sometimes regarded as a "feeder judge".[18]
Freedom of religion

Gorsuch advocates a broad definition of religious freedom and sided with Christian employers and religious organizations in the cases of Burwell v. Hobby Lobby Stores, Inc. and the case of Little Sisters of the Poor Home for the Aged v. Burwell, later consolidated into Zubik v. Burwell. In the Hobby Lobby case, Gorsuch held that the requirement in the Affordable Care Act that employers provide insurance coverage for contraceptives without a co-pay violated the rights of those employers that object to use of contraceptives on religious grounds.[19] He wrote: "The ACA's mandate requires them to violate their religious faith by forcing them to lend an impermissible degree of assistance to conduct their religion teaches to be gravely wrong."[20]

In his dissent of the 2007 case Summum v. Pleasant Grove City, which was affirmed by the Supreme Court, Gorsuch took the view that displaying a religious monument, such as the Ten Commandments, did not obligate a governmental authority to display other offered monuments, such as those from other religions.[21]

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".[22]
Authority of federal agencies

In writing his opinion for Hugo Rosario Gutierrez-Brizuela v. Loretta E. Lynch, Gorsuch postulated that the 1984 case of Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., which gives federal agencies (and not the courts) the authority to interpret ambiguous laws and regulations, should be reconsidered.[23] In his opinion, Gorsuch wrote that the practice of administrative deference established by the Chevron case is "more than a little difficult to square with the Constitution of the framers' design."[24] The impact of an overturn of the Chevron case would be to shift power from federal agencies to the courts.[23]

In the 2008 case of United States of America v. Shawn Lloyd Hinckley, Gorsuch argued that one possible reading of the Sex Offender Registration and Notification Act likely violates the nondelegation doctrine.[25] Antonin Scalia and Ruth Bader Ginsberg held the same view in their 2012 dissent of Reynolds v. United States.[26]
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 his opinion for the 2015 case of Energy and Environmental Legal Institute v. Joshua Epel, Gorsuch opined that Colorado's mandates for renewable energy did not violate the commerce clause by putting out-of-state coal companies at a disadvantage. 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".[27][28]
Criminal law

In the 2012 case of United States of America v. Miguel Games-Perez, 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."[29]
Death penalty

Gorsuch favors a strict reading of the Antiterrorism and Effective Death Penalty Act of 1996.[30] In a 2003 case, Gorsuch denied requests of death-row inmates seeking to escape executions.[31]
Nomination to the U.S. Supreme Court
Main article: Neil Gorsuch Supreme Court nomination

In September 2016, during the U.S. presidential election, then-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.[32] In January 2017, after President Trump was elected, some 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 replace the seat vacated by the late Justice Antonin Scalia.[33]

On January 31, 2017, President Trump announced his nomination of Gorsuch to the Supreme Court.
Legal philosophy

Gorsuch is a proponent of originalism, the idea that the Constitution should be interpreted as the Founding Fathers would have interpreted it, and of textualism, the idea that statutes should be interpreted literally, without considering the legislative history and underlying purpose of the law.[3][4][5]
Judicial Activism

In a 2005 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."[34]

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, by relying on judges instead of elected officials and the ballot box to enact their agenda, 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".[35][16]
States' rights

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.[36]
Abortion

Gorsuch has never had the opportunity to write an opinion on Roe v. Wade.[34] However, based on his opinions expressed in his books opposing euthanasia and the taking of human life, people on both sides of the abortion debate presume he holds a pro-life stance.[22]
Euthanasia

In his book The Future of Assisted Suicide and Euthanasia, Gorsuch argued for "retaining the laws banning assisted suicide and euthanasia … based on the idea that all human beings are intrinsically valuable and the intentional taking of human life by private persons is always wrong".[7]
Personal life

Gorsuch and his wife, Louise, have two daughters, Emma (born 1999) and Belinda (born 2001), and live in Boulder, Colorado.[37][8]

Gorsuch enjoys being outdoors and fly fishing. He raises horses, chickens, and goats, and often arranges ski trips with colleagues and friends.[30]

In 2016, he was paid $26,000 for teaching services provided at the University of Colorado Law School.[14]

Gorsuch has authored two books. His first book, The Future of Assisted Suicide and Euthanasia, was published by Princeton University Press in July 2006. Gorsuch wrote in the book that euthanasia should not be legalized in any form.[20] He is also one of 12 co-authors of The Law of Judicial Precedent, published by Thomson West in 2016.
...
https://en.wikipedia.org/wiki/Neil_Gorsuch

[TER]

This is a great pick. Such a good pick, that the liberals are going to fight it tooth and nail..

[Brian4Liberty]

https://www.youtube.com/watch?v=DQ-su0NSElQ

[Cleaner44]

Trump is doing a good job as far as I am concerned. I know that getting a libertarian isn't realistic at this point. This push back against Marxists is a very good step.

So far I like the result of electing a non-politician.

[Suzanimal]

[John F Kennedy III]

I don't know who the hell this guy is but it's safe to say that if Judge Nap loves the pick, I'm sure I will as well.

[RJB]

A few months ago, I was saying that the difference between Hillary and Trump were nil.

I was wrong. We really dodged a bullet.

[charrob]

Can Trump even get a nominee past the senate at this point?

It might depend on Mitch McConnell to change Senate rules and get rid of the filibuster for Supreme Court Nominees. Unfortunately, he has already said he won't do that. Hopefully the Democrats won't filibuster.

[PatriotOne]

Gorsuch was nominated by President George W. Bush on May 10, 2006

I'm going to need some brain bleach for that part though.

[TER]

It might depend on Mitch McConnell to change Senate rules and get rid of the filibuster for Supreme Court Nominees. Unfortunately, he has already said he won't do that. Hopefully the Democrats won't filibuster.

They most surely will filibuster. No doubt about it.

[BSWPaulsen]

A prediction I sincerely hope is wrong:

The Democrats will successfully avoid allowing him to join the Supreme Court. Trump will have proven himself to conservatives with this nomination, but the person that actually ends up on the court will be some hack that the establishment of both parties can support.

In the end Trump gains politically with his own supporters, Republicans get to hate the Democrats more, Democrats get to claim they dodged a threat to their beliefs, and everyone gets screwed.

[TER]

Trump and McConnell wait it out, and if and when Ginsburg goes to answer before her Maker, they go nuclear.

[CPUd]

A prediction I sincerely hope is wrong:

The Democrats will successfully avoid allowing him to join the Supreme Court. Trump will have proven himself to conservatives with this nomination, but the person that actually ends up on the court will be some hack that the establishment of both parties can support.

In the end Trump gains politically with his own supporters, Republicans get to hate the Democrats more, Democrats get to claim they dodged a threat to their beliefs, and everyone gets screwed.

Schumer said he could get the D's to vote for Garland.

[TER]

Schumer said he could get the D's to vote for Garland.

Aww, how nice of him that he would do that. I may cry.

[seapilot]

A few months ago, I was saying that the difference between Hillary and Trump were nil.

I was wrong. We really dodged a bullet.

[openfire]

Democrats are irrelevant. R's will (should) use the nuclear option.

[AngryCanadian]

A few months ago, I was saying that the difference between Hillary and Trump were nil.

I was wrong. We really dodged a bullet.

American liberals have no idea how big of a bullet they have dodged.

[openfire]

American liberals have no idea how big of a bullet they have dodged.

The WORLD has no idea how big of a bullet they have dodged!

[angelatc]

Massie?

[EBounding]

Looks pretty good:

https://twitter.com/bradheath/status/826604762024046593

[seapilot]

Democrats are irrelevant. R's will (should) use the nuclear option.

He looks like a great pick. Hes young so will be around for awhile. The Repubs are going to lower the amount of votes needed to confirm him. Not sure the Dems can do anything at this point, but cry.

[cindy25]

Can Trump even get a nominee past the senate at this point?

easily. no Republican will vote against it, all that's needed. plus some Dems will vote yes.

[CPUd]

easily. no Republican will vote against it, all that's needed. plus some Dems will vote yes.

Currently, 0 dems will vote yes. Obviously that can change. Or McConnell can force a simple majority.

[Cleaner44]

A few months ago, I was saying that the difference between Hillary and Trump were nil.

I was wrong. We really dodged a bullet.

To be sure Trump will do some lame things that we will hate, but there are plenty of positives to be happy about. I think we might actually see the GOP start acting conservative.

[TER]

Democrats are irrelevant. R's will (should) use the nuclear option.

The liberals and globalist really are running scared. They are losing. There are seismic geopolitical and philosophical shifts which are occurring across the world, and by sheer numbers, the liberals are on the losing side.

The politicians are fighting for their political lives. They have been left wearing pink hats, and chanting death to cops. They are losing the culture war, by and large because of the internet which is informing and educating people.

In the times of old, public executions are what exposed how evil and ruthless man can be.

Now, we see beheadings and dead children on a regular basis.

The people are waking up and the electoral college blowout proves it.

People can see the complete hypocrisy, godlessness and debauchery which the Democrat Party has become as a political party and ideology. The majority will have their say in a democracy, and they are sick of the occultism of Hollywood and the music industry, and the evil which the largest corporations propagate and propagandize, most especially in the main stream media outlets such as CNN, the Huffington Post, or whatever other websites which hold Soros as some kind of great leader for their movements and cause.

He too, that is Soros, is on the losing side of history, and he will fund whatever cause which fulfills his plan of destabilization and revolt in this nation. And he is a wealthy man.

I will not be surprised at all that the Dem's filibuster this nomination. In fact, I am completely expecting it.

[TER]

Currently, 0 dems will vote yes. Obviously that can change.

You are right. It can change. Perhaps, in the very end, many dems will vote yes.

That would be a gift from God and I pray for that.