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Wikipedia

Neil Gorsuch

Neil McGill Gorsuch (/ˈɡɔːrsʌ/ GOR-sutch;[1] born August 29, 1967) is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President Donald Trump on January 31, 2017, and has served since April 10, 2017.

Neil Gorsuch
Official portrait, 2017
Associate Justice of the Supreme Court of the United States
Assumed office
April 10, 2017
Nominated byDonald Trump
Preceded byAntonin Scalia
Judge of the United States Court of Appeals for the Tenth Circuit
In office
August 8, 2006 – April 9, 2017
Nominated byGeorge W. Bush
Preceded byDavid M. Ebel
Succeeded byAllison H. Eid
Principal Deputy Associate
Attorney General
In office
June 2005 – July 2006
Attorney GeneralJohn Ashcroft
Personal details
Born
Neil McGill Gorsuch

(1967-08-29) August 29, 1967 (age 56)
Denver, Colorado, U.S.
Spouse
Louise Burleston
(m. 1996)
Education
Signature
Academic background
ThesisThe Right to Receive Assistance in Suicide and Euthanasia (2004)
Doctoral advisorJohn Finnis
Other advisorsTimothy Endicott
Academic work
DisciplineLegal philosophy
Notable worksThe Future of Assisted Suicide and Euthanasia (2006)

Gorsuch spent his early life in Denver, Colorado, then lived in Bethesda, Maryland, while attending Georgetown Preparatory School. Upon graduating, he matriculated at Columbia University, where he became an established writer. Gorsuch received his legal education at Harvard Law School and, after 15 years as a practicing attorney, obtained a Doctor of Philosophy in jurisprudence from the University of Oxford on a Marshall Scholarship. His doctoral thesis concerned the morality of assisted suicide under the supervision of legal philosopher John Finnis.

From 1995 to 2005, Gorsuch was in private practice with the law firm of Kellogg, Hansen, Todd, Figel & Frederick. He was the principal deputy associate attorney general at the United States Department of Justice from 2005 until his appointment to the Tenth Circuit. President George W. Bush nominated Gorsuch to the United States Court of Appeals for the Tenth Circuit on May 10, 2006, to replace Judge David M. Ebel, who achieved senior status that same year.

Gorsuch is a proponent of textualism in statutory interpretation and originalism in interpreting the United States Constitution.[2][3][4] Along with Justice Clarence Thomas, he is an advocate of natural law jurisprudence.[5] Gorsuch clerked for Judge David B. Sentelle of the U.S. Court of Appeals for the D.C. Circuit from 1991 to 1992 and U.S. Supreme Court justices Byron White and Anthony Kennedy from 1993 to 1994. He is the first Supreme Court justice to serve alongside a justice for whom he once clerked (Kennedy).[6] During his tenure on the Supreme Court he has written the majority opinion in landmark cases such as Bostock v. Clayton County on LGBT rights, McGirt v. Oklahoma on Native American law, Kennedy v. Bremerton School District on personal religious observance, 303 Creative LLC v. Elenis on free speech, and Ramos v. Louisiana on juries' guilty verdicts.

Early life and education

Gorsuch was born on August 29, 1967, in Denver, Colorado, to Anne Gorsuch Burford (née McGill; 1942–2004) and David Ronald Gorsuch (1937–2001).[7][8] He was the eldest of three children,[9] and is a fourth-generation Coloradan.[10] Both of Gorsuch's parents were lawyers, and his mother served in the Colorado House of Representatives from 1976 to 1980. In 1981, she was appointed by President Ronald Reagan as the first woman to serve as administrator of the U.S. Environmental Protection Agency.[11][12]

After his mother's appointment, Gorsuch's family moved to Bethesda, Maryland. He enrolled in Georgetown Preparatory School,[13] a selective Jesuit college-preparatory school, arriving as a freshman in 1981.[14] He was two years junior to future justice Brett Kavanaugh, a classmate he later clerked with at the Supreme Court. Gorsuch was a member of Georgetown Prep's debate, forensics, and international relations clubs,[15] and served as a United States Senate page in the early 1980s.[16] He graduated in 1985 as student body president; in contrast to Kavanaugh, he was described as a fairly outgoing and extroverted student.[15][17]

Gorsuch attended Columbia University after high school, graduating in 1988 with a Bachelor of Arts, cum laude, in political science. He undertook a heavier courseload to graduate in three years.[18] As an undergraduate, he wrote for the Columbia Daily Spectator[19] and co-founded the satirical student publication The Fed in 1986.[20][21] Gorsuch distinguished himself as an active debater and an ardent conservative, publishing pieces that criticized left-wing politics. After a brief stint as a writer for a short-lived journal, he led efforts to establish The Fed as a conservative alternative to liberal campus newspapers.[18] He was a member of the Phi Gamma Delta fraternity[22] and was inducted into Phi Beta Kappa.[23][18][24]

After graduating from Columbia, Gorsuch attended Harvard Law School on a Harry S. Truman Scholarship.[25][26] At Harvard, he had been an editor of the Harvard Journal of Law and Public Policy[27][23] and was a member of the Lincoln's Inn Society, the Harvard Prison Legal Assistance Project, and the Harvard Defenders program.[28][29] Gorsuch was described as a committed conservative who supported the Gulf War and congressional term limits on "a campus full of ardent liberals".[30] Despite his contrasting political views, he was generally well-liked by students.[31] Philip C. Berg, a classmate and close friend, remembered him as "very sensitive" and non-confrontational, recalling when he received Gorsuch's support in coming out.[28] Gorsuch graduated in 1991 with a Juris Doctor, cum laude. Future President Barack Obama was among his classmates.[32]

Early legal career

Clerkships

Gorsuch served as a law clerk for Judge David B. Sentelle of the United States Court of Appeals for the D.C. Circuit from 1991 to 1992. After spending a year at Oxford as a Marshall Scholar, Gorsuch clerked for Justices Byron White and Anthony Kennedy from 1993 to 1994.[23][26][33] His 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.[23] Gorsuch was part of a group of five law clerks assigned that year that included Brett Kavanaugh, who described Gorsuch at the time, saying: "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."[34]

Private law practice

Instead of joining an established law firm, Gorsuch decided to join the two-year-old boutique firm of Kellogg, Huber, Hansen, Todd, Evans & Figel (now Kellogg, Hansen, Todd, Figel & Frederick), where he focused on trial work.[12] After winning his first trial as lead attorney, a jury member told Gorsuch he was like Perry Mason.[12] He was an associate in the Washington, D.C., law firm from 1995 to 1997 and a partner from 1998 to 2005.[23][35] Gorsuch's clients included Colorado billionaire Philip Anschutz.[36] At Kellogg Huber, Gorsuch focused on commercial matters, including contracts, antitrust, RICO, and securities fraud.[23]

In 2002, Gorsuch wrote 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, "the most impressive judicial nominees are grossly mistreated" by the Senate.[37]

In 2004, Gorsuch received a Doctor of Philosophy in legal philosophy from the University of Oxford, where he completed research on assisted suicide and euthanasia as a postgraduate student at University College.[38][27][23] A Marshall Scholarship enabled him to study at Oxford in 1992–93, where he was supervised by the natural law philosopher John Finnis.[39] His thesis was also supervised by Canadian legal scholar Timothy Endicott of Balliol College, Oxford.[38][40] In 1996, Gorsuch married Louise, an Englishwoman and champion equestrienne on Oxford's riding team whom he met during his stay there.[12][41]

In 2005, at Kellogg Huber, Gorsuch wrote a brief denouncing class action lawsuits by attorneys on behalf of shareholders. In the case of Dura Pharmaceuticals, Inc. v. Broudo, Gorsuch opined, "The free ride to fast riches enjoyed by securities class action attorneys in recent years appeared to hit a speed bump" and "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".[35]

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 June 2005 until July 2006.[23][42] As McCallum's principal deputy, he assisted in managing the Department of Justice's civil litigation components, which included the antitrust, civil, civil rights, environment, and tax divisions.[23]

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.[43]

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 that attempted to strip federal courts of jurisdiction over the detainees.[44]

U.S. Court of Appeals for the Tenth Circuit (2006–2017)

 
Gorsuch as a judge on the U.S. Court of Appeals for the Tenth Circuit

In January 2006, Philip Anschutz recommended Gorsuch's nomination to Colorado's U.S. senator Wayne Allard and White House Counsel Harriet Miers.[36] On May 10, 2006, President George W. Bush nominated Gorsuch to the seat on the U.S. Court of Appeals for the Tenth Circuit vacated by Judge David M. Ebel, who was taking senior status.[27] Like Ebel, Gorsuch was a former clerk of Justice White. The American Bar Association's Standing Committee on the Federal Judiciary unanimously rated him "well qualified" in 2006.[23][45][46]

On July 20, 2006, Gorsuch was confirmed by unanimous voice vote in the U.S. Senate.[47][48] He was Bush's fifth appointment to the Tenth Circuit.[49] When Gorsuch began his tenure at Denver's Byron White United States Courthouse, Justice Kennedy administered the oath of office.[37]

During his time on the Tenth Circuit, ten of Gorsuch's law clerks went on to become Supreme Court clerks, and he was sometimes regarded as a "feeder judge".[50] One of his former clerks, Jonathan Papik, became an associate justice of the Nebraska Supreme Court in 2018.[51]

Freedom of religion

Gorsuch advocates a broad definition of religious freedom that is inimical to church–state separation advocates.[52][53][54]

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.[55] That ruling was upheld 5–4 by the Supreme Court in Burwell v. Hobby Lobby Stores, Inc. (2014).[56] 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.[57] That ruling was vacated and remanded to the Tenth Circuit by the per curiam Supreme Court in Zubik v. Burwell (2016).[56]

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.[58] The Supreme Court subsequently adopted most of the dissent's view, reversing the Tenth Circuit's judgment.[56] Gorsuch has written, "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".[59]

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.[60][61]

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" and writing that deference is "more than a little difficult to square with the Constitution of the framers' design".[62][63]

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.[64] Justices Antonin Scalia and Ruth Bader Ginsburg had held the same view in their 2012 dissent in Reynolds v. United States.[65]

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.[66] A unanimous Supreme Court affirmed that ruling in Tarrant Regional Water District v. Herrmann (2013).[67]

In 2013, Gorsuch joined a unanimous panel finding that federal courts could not hear a challenge to Colorado's internet sales tax.[68] A unanimous Supreme Court reversed that ruling in Direct Marketing Ass'n v. Brohl (2015).[67] In 2016, the Tenth Circuit panel rejected the challenger's dormant commerce clause claim, with Gorsuch writing a concurrence.[69]

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.[70] He 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".[71][72]

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.[73] He added a concurrence noting that although the standard of review of campaign finance in the United States is unclear, the Colorado law would fail even under intermediate scrutiny.[74]

Civil rights

In Planned Parenthood v. Herbert (2016), Gorsuch wrote for the four dissenting judges when the Tenth Circuit denied a full rehearing 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.[75][76]

In A.M. v. 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 § 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.[77] 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.[77][78][79]

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.[80] The Supreme Court affirmed that ruling 5–4 in Dolan v. United States (2010).[67]

In United States v. Games-Perez (2012), Gorsuch ruled on a case where a felon owned a gun in violation of 18 U.S.C. § 922(g)(1), but alleged that he did not know that he was a felon at the time. Gorsuch joined the majority in upholding the conviction based on Tenth Circuit precedent, but filed a concurring opinion arguing that said precedent was wrongly decided: "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."[81] In the 2019 case Rehaif v. United States, the Supreme Court overruled this decision, with Gorsuch joining.

In 2013, Gorsuch joined a unanimous panel finding that intent does not need to be proven under a bank fraud statute.[82] A unanimous Supreme Court affirmed that ruling in Loughrin v. United States (2014).[67] 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.[83] A unanimous Supreme Court reversed the Tenth Circuit in Nichols v. United States (2016).[67]

Death penalty

Gorsuch favors a strict reading of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA).[56] In 2015, he wrote for the court when it permitted Oklahoma attorney general Scott Pruitt to order the execution of Scott Eizember, prompting a 30-page dissent by Judge Mary Beck Briscoe.[84][85] After the state's unsuccessful execution of Clayton Lockett, Gorsuch joined Briscoe when the court unanimously allowed Pruitt to continue using the same lethal injection protocol. The Supreme Court upheld that ruling 5–4 in Glossip v. Gross (2015).[86]

List of judicial opinions

During his tenure on the United States Court of Appeals for the Tenth Circuit, Gorsuch authored 212 published opinions.[87] Some of those are:

  • 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., 614 F. 3d 1173 (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, 635 Fed. Appx. 480 (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) March 29, 2017, at the Wayback Machine, 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 U.S. 837 (1984)

Nomination to Supreme Court

 
President Donald Trump introduces Gorsuch, accompanied by his wife Marie Louise Gorsuch, as his nominee for the Supreme Court at the White House on January 31, 2017.

During the 2016 U.S. presidential election, candidate Donald Trump included Gorsuch, as well as his circuit colleague Timothy Tymkovich, in a list of 21 judges whom Trump would consider nominating to the Supreme Court if elected.[88][89] After Trump took office in January 2017, unnamed advisers listed Gorsuch in a shorter list of eight, who they said were the leading contenders to be nominated to fill the seat left vacant by the death of Justice Antonin Scalia.[90]

On January 31, 2017, Trump announced his nomination of Gorsuch to the Supreme Court.[91] 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.[92] 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. Obama had nominated Garland on March 16, 2016, but Senate Judiciary Committee chairman Chuck Grassley did not schedule a hearing for him, leaving Garland's nomination to expire on January 3, 2017.[93] Senate majority leader Mitch McConnell invoked the so-called "Biden Rule" (of 1992) to justify the Senate's refusal to consider Garland's nomination in a general election year.[94][95][96]

Trump formally transmitted his nomination to the Senate on February 1, 2017.[97] The American Bar Association unanimously gave Gorsuch its top rating—"Well Qualified"—to serve as Associate Justice of the U.S. Supreme Court.[98] His confirmation hearing before the Senate started on March 20, 2017.[99]

On April 3, the Senate Judiciary Committee approved his nomination with a party-line 11–9 vote.[100] On April 6, 2017, Democrats filibustered (prevented cloture) the confirmation vote, after which Republicans invoked the "nuclear option", allowing a filibuster of a Supreme Court nominee to be broken by a simple majority vote.[101]

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."[102][103][104][105]

John Finnis, who supervised Gorsuch's dissertation at Oxford, said, "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 said, "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."[103] 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.[106]

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 Republicans in attendance.[107]

Gorsuch received his commission on April 8, 2017.[108] 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 a.m. at the Supreme Court, making Gorsuch the 101st associate justice of the Court. At 11 a.m., Justice Kennedy administered the judicial oath of office in a public ceremony at the White House Rose Garden.[109][110][111]

U.S. Supreme Court (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). The Court ruled against the borrowers, holding that Santander in this case was not a debt collector under the Fair Debt Collection Practices Act since it 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.[112] 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.[113][114]

First Amendment

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.[115][116]

Gorsuch authored the majority opinion in Kennedy v. Bremerton School District (2022), which concerned a public high school football coach who was fired for praying on the field after games. The opinion held that the coach's conduct was protected by both the Free Speech and Free Exercise clauses of the First Amendment, and that the school's attempt to stop him was not mandated by the amendment's Establishment Clause.[117]

LGBT rights

In 2017, in Pavan v. Smith, the Supreme Court "summarily overruled" the Arkansas Supreme Court's decision to deny same-sex married parents the same right to appear on the birth certificate.[118] Gorsuch wrote a dissent, joined by Thomas and Alito, arguing that the Court should have fully heard the arguments of the case.[119]

In 2020, Gorsuch wrote the majority opinion in the combined cases of Bostock v. Clayton County, Altitude Express Inc. v. Zarda, and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission, ruling that businesses cannot discriminate in employment against LGBTQ people. He argued that discrimination based on sexual orientation was illegal discrimination on the basis of sex, because the employer would be discriminating "for traits or actions it would not have questioned in members of a different sex".[120] The ruling was 6–3, with Gorsuch joined by Chief Justice Roberts and the Court's four Democratic appointees.[121][122] Justices Thomas, Alito, and Kavanaugh dissented from the decision, arguing that it improperly extended the Civil Rights Act to include sexual orientation and gender identity.[123]

In October 2020, Gorsuch agreed with the justices in an "apparently unanimous" decision to deny an appeal from Kim Davis, a county clerk who refused to issue marriage licenses to same-sex couples.[124] In June 2021, he joined the justices in the unanimous Fulton v. City of Philadelphia decision, ruling in favor of a Catholic adoption agency that had been denied a contract by the City of Philadelphia due to the agency's refusal to adopt to same-sex couples.[125] Gorsuch and Thomas joined Alito's concurrence, which argued for reconsidering, possibly overturning, Employment Division v. Smith, "an important precedent limiting First Amendment protections for religious practices."[126] Also in 2021, Gorsuch was one of three justices, with Thomas and Alito, who voted to hear an appeal from a Washington State florist who had refused service to a same-sex couple based on her religious beliefs against same-sex marriage.[127][128][129] In November 2021, Gorsuch dissented from the Court's 6–3 decision to reject an appeal from Mercy San Juan Medical Center, a hospital affiliated with the Roman Catholic Church, which had sought to deny a hysterectomy to a transgender patient on religious grounds.[130] The decision to reject the appeal left in place a lower court ruling in the patient's favor; Thomas and Alito also dissented.[131][132]

Second Amendment

 
Gorsuch at the LBJ Presidential Library in 2019

Gorsuch joined Thomas's dissent from denial of certiorari in Peruta v. San Diego County, in which the Ninth Circuit had upheld California's restrictive concealed carry laws.[133]

Gorsuch wrote a statement regarding the denial of an application for a stay presented to Roberts in Guedes v. Bureau of Alcohol, Tobacco, Firearms, and Explosives, a 2019 D.C. Circuit case challenging the Trump administration's ban on bump stocks. In his statement Gorsuch criticized the Trump Administration's action as well as the justification the U.S. Court of Appeals for the D.C. Circuit used for upholding the ban.[134][135]

Vagueness doctrine

In Sessions v. Dimaya (2018), 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, and wrote a separate concurrence reiterating the importance of the vagueness doctrine within Scalia's 2015 opinion in Johnson.[136] In United States v. Davis (2019), Gorsuch wrote the Opinion of the Court striking down the residual clause of the Hobbs Act based on the rationale used in Dimaya.[137][138]

Abortion

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.[139] He and Alito joined Thomas's dissent arguing that it was the Court's job to hear the case.[140]

In February 2019, Gorsuch sided with three of the Court's other conservative justices, rejecting a stay to temporarily block a law restricting abortion in Louisiana.[141] The law that the court temporarily stayed, in a 5–4 decision, would require that doctors performing abortions have admitting privileges in a hospital.[142] In June 2020, the Supreme Court struck down Louisiana's abortion restriction in June Medical Services, LLC v. Russo, a 5–4 decision; Gorsuch was among the four dissenters.[143][144] In September 2021, the Supreme Court declined a petition to block a Texas law banning abortion after six weeks; the vote was 5–4 with Gorsuch in the majority, joined by Thomas, Alito, Kavanaugh, and Barrett.[145]

In June 2022, Gorsuch was among the five justices who formed the majority opinion in Dobbs v. Jackson Women's Health Organization, which ruled there is no constitutional right to abortion, overruling Roe v. Wade and Planned Parenthood v. Casey.[146]

Native American law

Gorsuch is regarded as an authority on American Indian law.[147] During his time on the Supreme Court, he has frequently affirmed tribal rights; his appointment to the Court was supported by multiple tribes and Native American organizations due to his favorable rulings as a Tenth Circuit judge.[148][149]

In March 2019, Gorsuch joined the four liberal justices (in two plurality opinions) in a 5–4 majority in Washington State Dept. of Licensing v. Cougar Den, Inc.[150] The Court's decision sided with the Yakama Nation, striking down a Washington state tax on transporting gasoline, on the basis of an 1855 treaty in which the Yakama ceded a large portion of Washington in exchange for certain rights.[151] In his concurrence, which was joined by Ginsburg, Gorsuch ended his opinion by writing: "Really, this case just tells an old and familiar story. The State of Washington includes millions of acres that the Yakamas ceded to the United States under significant pressure. In return, the government supplied a handful of modest promises. The state is now dissatisfied with the consequences of one of those promises. It is a new day, and now it wants more. But today and to its credit, the Court holds the parties to the terms of their deal. It is the least we can do."[152]

In May 2019, Gorsuch again joined the four more liberal justices in a decision favorable to Native Americans' treaty rights, signing on to Justice Sotomayor's opinion to reach a 5–4 decision in Herrera v. Wyoming. The case held that hunting rights in Montana and Wyoming, granted by the U.S. government to the Native American Crow people by an 1868 treaty, were not extinguished by the 1890 grant of statehood to Wyoming.[153]

In July 2020, Gorsuch again joined the liberal justices to make a 5–4 majority in McGirt v. Oklahoma. The case considered whether much of eastern Oklahoma still remained under the jurisdiction of the "Five Civilized Tribes", given that the Native American Treaties that had designated the region as under their reservation status had never been dissolved by Congress, and, if so, whether crimes committed by Native Americans against other Native Americans on tribal land were under the jurisdiction of Native Courts.[154] The landmark decision in the affirmative, written by Gorsuch, found that "For Major Crimes Act purposes, land reserved for the Creek Nation since the 19th century remains 'Indian country.'"[155][156] In the opinion, he wrote: "Today we are asked whether the land these treaties promised remains an Indian reservation for purposes of federal criminal law. Because Congress has not said otherwise, we hold the government to its word."[156] The case was later reviewed in the June 2022 case Oklahoma v. Castro-Huerta, which considered whether non-Natives who committed crimes against Natives on Native American territory can be charged under the sole jurisdiction of Native American tribal courts.[157][158] While the state of Oklahoma had initially argued for the overturning of McGirt, the Court agreed to hear only issues relating to the impacts of McGirt.[159] The 5-4 decision by Justice Brett Kavanaugh opposed the more expanded viewpoint of non-Native criminal jurisdiction, with the opinion giving jurisdiction over such crimes to both tribal and federal/state governments. Gorsuch derided the opinion in his dissent, writing, "Where this Court once stood firm, today it wilts."[160][161]

On June 15, 2022, Gorsuch, Barrett, and the three liberal justices ruled in favor of the Native American Tribes of Texas in the case Ysleta del Sur Pueblo v. Texas. The case concerned a dispute over whether Texas could control and regulate gambling on Texan Native American reservations. The initial conflict had developed from the tribes' having been in a trust with Texas from 1968 to 1987 before being granted a federal trust, resulting in a statute governing the tribes' subjugation to Texas's gambling restrictions.[162] The ruling emphasized that the tribes have the power to regulate electronic bingo games on their land regardless of the state's prohibition of non-prohibited gambling. Thus, as long as a game is not outright prohibited by the state of Texas, the state government cannot impose regulations upon tribal games. Gorsuch emphasized in his opinion that "None of this is to say that the Tribe may offer gaming on whatever terms it wishes [...] Other gaming activities are subject to tribal regulation and must conform to the terms and conditions set forth in federal law."[163]

COVID-19 restrictions

On November 26, 2020, Gorsuch joined the majority opinion in Roman Catholic Diocese of Brooklyn v. Cuomo, which struck down COVID-19 restrictions imposed by the state of New York on houses of worship.[164]

On May 18, 2023, Gorsuch issued a statement about the Court's decision to dismiss a lawsuit by several states aimed at continuing Title 42 expulsions of immigrants, a policy instituted to prevent the introduction of COVID-19 cases to the United States. His statement criticized many of the restrictions the government had imposed since the pandemic started and said, "Since March 2020, we may have experienced the greatest intrusions on civil liberties in the peacetime history of this country."[165]

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.[2][3][4] An editorial in the National Catholic Register opined that Gorsuch's judicial decisions lean more toward natural law philosophy.[166]

In January 2019, Bonnie Kristian of The Week wrote that an "unexpected civil libertarian alliance" was developing between Gorsuch and Sotomayor "in defense of robust due process rights and skepticism of law enforcement overreach."[167]

Voting alignment

FiveThirtyEight used Lee Epstein et al.'s Judicial Common Space scores[168] (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 Kavanaugh, Thomas, and Alito.[169] 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.[170]

Judicial activism

 
Gorsuch in 2019

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.[171]

In a 2005 National Review article, 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". He 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".[47][172]

Federalism and state power

Justin Marceau, a professor at the University of Denver's Sturm College of Law, called Gorsuch "a predictably socially conservative judge who tends to favor state power over federal power". Marceau added that this is important because federal laws have been used to try to reel in "rogue" state laws in civil rights cases.[173]

Assisted suicide

In July 2006, Gorsuch's book The Future of Assisted Suicide and Euthanasia, developed from his doctoral thesis, was published by Princeton University Press.[38][174][175][176] 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."[59][175][177]

Statutory interpretation

Gorsuch has been considered to follow in Scalia's footsteps as a textualist in statutory interpretation of the plain meaning of the law.[178][179] This was exemplified in his majority opinion in Bostock v. Clayton County, 590 U.S. ___ (2020), which ruled that Title VII of the Civil Rights Act of 1964 grants protection from employment discrimination due to sexual orientation and gender identity. Gorsuch wrote in the decision, "An employer who fired an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids."[180][181][182]

Personal life

 
Gorsuch and family with Donald Trump, Anthony Kennedy, and Mike Pence prior to his swearing-in

Gorsuch and his wife, Marie Louise Gorsuch,[183] a British citizen, met at Oxford. The two married at St. Nicholas' Anglican Church in Henley-on-Thames in 1996.[184][185] They live in Boulder, Colorado, and have two daughters.[186][187][188]

Gorsuch enjoys the outdoors and fly fishing; he went fly fishing on at least one occasion with Justice Scalia.[10][189] He raises horses, chickens, and goats, and often arranges ski trips with colleagues and friends.[56]

He has authored two nonfiction books. The first, The Future of Assisted Suicide and Euthanasia, was published by Princeton University Press in July 2006.[190] He is a co-author of The Law of Judicial Precedent, published by Thomson West in 2016.[35]

In 2017, after his announcement as a Supreme Court nominee, the New York Times reported that Gorsuch owned a timeshare outside Granby, Colorado, with associates of Philip Anschutz, that was later sold the same year.[36] Reporting from Politico in April 2023 revealed that Gorsuch had sold the cabin to Brian Duffy, the CEO of the law firm Greenberg Traurig, which litigates cases before the Supreme Court, but failed to disclose the purchaser's identity on his federal disclosure forms.[191] The property was listed for sale for a few years but did not go under contract until the week after Gorsuch joined the Supreme Court.[191][192] Since 2017, Greenberg Traurig has been involved in at least 22 cases before or presented to the Supreme Court.[191][193]

Gorsuch has been active in several professional associations throughout his legal career,[23] including 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.[23] In May 2019, it was announced that Gorsuch would become the new chairman of the board of the National Constitution Center, succeeding former vice president Joe Biden.[194]

Religion

Gorsuch was the first member of a mainline Protestant denomination to sit on the Supreme Court since the retirement of John Paul Stevens in 2010.[195][196][197] He and his two siblings were raised Catholic and attended weekly Mass.[198][186] His wife, Louise, is British-born; the two met while Neil was studying at Oxford. Louise was raised in the Church of England.[199]

When the couple returned to the United States they joined Holy Comforter, an Episcopal parish in Vienna, Virginia, attending weekly services. Gorsuch volunteered there as an usher.[197] The Gorsuch family later attended St. John's Episcopal Church in Boulder, Colorado, a liberal church with a longstanding open-door policy for the LGBT community.[91][200][201] During his 2017 confirmation hearing, responding to a senator's question about his faith, Gorsuch replied, "I attend an Episcopal church in Boulder with my family, senator."[202][203][204] After marrying in a non-Catholic ceremony and joining an Episcopal church, Gorsuch has not publicly clarified his religious affiliation.[199]

Awards and honors

Gorsuch received the Edward J. Randolph Award for outstanding service to the Department of Justice and the Harry S. Truman Foundation's Stevens Award for outstanding public service in the field of law.[188]

Selected works

Books

  • Gorsuch, Neil (2004). The right to receive assistance in suicide and euthanasia, with particular reference to the law of the United States (DPhil thesis). University of Oxford.
  • Gorsuch, Neil (2006). The Future of Assisted Suicide and Euthanasia. Princeton, NJ: Princeton University Press. doi:10.1515/9781400830343. ISBN 978-1-4008-3034-3.
  • Gorsuch, Neil (2019). A Republic, If You Can Keep It. New York: Crown Forum. ISBN 978-0-525-57678-5.

Articles

  • Gorsuch, Neil; Guzman, Michael (1991). "Will the Gentlemen Please Yield? A Defense of the Constitutionality of State-Imposed Term Limitations". Hofstra Law Review. 20: 341–385. Also published as: Cato Institute Policy Analysis No. 178 (1992).
  • Gorsuch, Neil (2000). "The Right to Assisted Suicide and Euthanasia" (PDF). Harvard Journal of Law and Public Policy. 23 (2): 599–710. PMID 12524693.
  • Gorsuch, Neil; Wood, Diane; Yahner, Ann; Issacharoff, Samuel; Anderson, Brian; Bryant, Arthur (September 13, 2004). (PDF). Protecting Consumer Interests in Class Actions. pp. 84–139. Archived from the original (PDF) on October 31, 2020. Transcript published by The Georgetown Journal of Legal Ethics. 18: 1197.
  • Gorsuch, Neil (2004). "The Legalization of Assisted Suicide and the Law of Unintended Consequences: A Review of the Dutch and Oregon Experiments and Leading Utilitarian Arguments for Legal Change". Wisconsin Law Review. 2004: 1347–2424.
  • Gorsuch, Neil (2007). "A Reply to Raymond Tallis on the Legalization of Assisted Suicide and Euthanasia". Journal of Legal Medicine. 28 (3): 327–332. doi:10.1080/01947640701554468. PMID 17885904. S2CID 36871391.
  • Gorsuch, Neil (2014). (PDF). Harvard Journal of Law and Public Policy. 37 (3): 743–756. Archived from the original (PDF) on July 30, 2017.
  • Gorsuch, Neil (2016). "Of Lions and Bears, Judges and Legislators, and the Legacy of Justice Scalia (2016 Sumner Canary Memorial Lecture)". Case Western Reserve Law Review. 66 (4): 905–920.
  • Gorsuch, Neil (2016). (PDF). Judicature. 100 (3): 46–55. Archived from the original (PDF) on February 2, 2017. Retrieved February 2, 2017.
  • Gorsuch, Neil (2018). "In Tribute: Justice Anthony M. Kennedy" (PDF). Harvard Law Review. 132: 3–5.

Other

  • Gorsuch, Neil (November 4, 1992). "Rule of Law: The Constitutional Case for Term Limits". The Wall Street Journal. p. A15.
  • Gorsuch, Neil (May 4, 2002). "Justice White and judicial excellence". United Press International. from the original on October 31, 2020.
  • Gorsuch, Neil (March 18, 2004). "Letter to the Editor: Nonpartisan Fee Awards". The Washington Post. p. A30. from the original on October 31, 2020.
  • Gorsuch, Neil; Matey, Paul (January 31, 2005). "No Loss, No Gain". Legal Times.
  • Gorsuch, Neil (February 7, 2005). "Liberals'N'Lawsuits". National Review Online. from the original on October 31, 2020.
  • Gorsuch, Neil; Matey, Paul (2005). "Settlements in Securities Fraud Class Actions: Improving Investor Protections" (PDF). Critical Legal Issues Working Paper Series. 128.
  • Gorsuch, Neil (May 18, 2007). "The assisted suicide debate". The Times Literary Supplement.
  • Gorsuch, Neil (2013). "Intention and the Allocation of Risk". In Keown, John; George, Robert (eds.). Reason, Morality, and Law. The Philosophy of John Finnis. pp. 413–424. doi:10.1093/acprof:oso/9780199675500.003.0026. ISBN 978-0-19-967550-0.
  • Gorsuch, Neil; Coats, Nathan; Dunn, Stephanie; Myhre, Blain; Witt, Jesse (2013). "Effective Brief Writing". Appellate Practice Update 2013. OCLC 889590599.
  • Gorsuch, Neil (September 5, 2019). "Disregarding the Separation of Powers Has Real-Life Consequences". National Review. from the original on October 31, 2020.

Speeches

  • Gorsuch, Neil (September 3, 2016). Legacy of Supreme Court Justice Antonin Scalia (video 59:59 mins). Tenth Circuit Court Bench & Bar Conference. Colorado Springs, Colorado: C-Span.

See also

References

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Additional sources

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

External links

Legal offices
Preceded by
Principal Deputy Associate Attorney General
2005–2006
Succeeded by
Preceded by Judge of the United States Court of Appeals
for the Tenth Circuit

2006–2017
Succeeded by
Preceded by Associate Justice of the
Supreme Court of the United States

2017–present
Incumbent
U.S. order of precedence (ceremonial)
Preceded byas Associate Justice of the Supreme Court Order of precedence of the United States
as Associate Justice of the Supreme Court
Succeeded byas Associate Justice of the Supreme Court

neil, gorsuch, gorsuch, redirects, here, surname, gorsuch, surname, neil, mcgill, gorsuch, ɔːr, sutch, born, august, 1967, american, jurist, serves, associate, justice, supreme, court, united, states, nominated, president, donald, trump, january, 2017, served,. Gorsuch redirects here For the surname see Gorsuch surname Neil McGill Gorsuch ˈ ɡ ɔːr s ʌ tʃ GOR sutch 1 born August 29 1967 is an American jurist who serves as an associate justice of the Supreme Court of the United States He was nominated by President Donald Trump on January 31 2017 and has served since April 10 2017 Neil GorsuchOfficial portrait 2017Associate Justice of the Supreme Court of the United StatesIncumbentAssumed office April 10 2017Nominated byDonald TrumpPreceded byAntonin ScaliaJudge of the United States Court of Appeals for the Tenth CircuitIn office August 8 2006 April 9 2017Nominated byGeorge W BushPreceded byDavid M EbelSucceeded byAllison H EidPrincipal Deputy AssociateAttorney GeneralIn office June 2005 July 2006Attorney GeneralJohn AshcroftPersonal detailsBornNeil McGill Gorsuch 1967 08 29 August 29 1967 age 56 Denver Colorado U S SpouseLouise Burleston m 1996 wbr EducationColumbia University BA Harvard University JD University College Oxford DPhil SignatureAcademic backgroundThesisThe Right to Receive Assistance in Suicide and Euthanasia 2004 Doctoral advisorJohn FinnisOther advisorsTimothy EndicottAcademic workDisciplineLegal philosophyNotable worksThe Future of Assisted Suicide and Euthanasia 2006 Neil Gorsuch s voice source source Neil Gorsuch s opening statement to the Senate Judiciary Committee on his nomination to the Supreme CourtRecorded March 21 2017Gorsuch spent his early life in Denver Colorado then lived in Bethesda Maryland while attending Georgetown Preparatory School Upon graduating he matriculated at Columbia University where he became an established writer Gorsuch received his legal education at Harvard Law School and after 15 years as a practicing attorney obtained a Doctor of Philosophy in jurisprudence from the University of Oxford on a Marshall Scholarship His doctoral thesis concerned the morality of assisted suicide under the supervision of legal philosopher John Finnis From 1995 to 2005 Gorsuch was in private practice with the law firm of Kellogg Hansen Todd Figel amp Frederick He was the principal deputy associate attorney general at the United States Department of Justice from 2005 until his appointment to the Tenth Circuit President George W Bush nominated Gorsuch to the United States Court of Appeals for the Tenth Circuit on May 10 2006 to replace Judge David M Ebel who achieved senior status that same year Gorsuch is a proponent of textualism in statutory interpretation and originalism in interpreting the United States Constitution 2 3 4 Along with Justice Clarence Thomas he is an advocate of natural law jurisprudence 5 Gorsuch clerked for Judge David B Sentelle of the U S Court of Appeals for the D C Circuit from 1991 to 1992 and U S Supreme Court justices Byron White and Anthony Kennedy from 1993 to 1994 He is the first Supreme Court justice to serve alongside a justice for whom he once clerked Kennedy 6 During his tenure on the Supreme Court he has written the majority opinion in landmark cases such as Bostock v Clayton County on LGBT rights McGirt v Oklahoma on Native American law Kennedy v Bremerton School District on personal religious observance 303 Creative LLC v Elenis on free speech and Ramos v Louisiana on juries guilty verdicts 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 U S Court of Appeals for the Tenth Circuit 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 U S Supreme Court 2017 present 5 1 Banking regulation 5 2 First Amendment 5 3 LGBT rights 5 4 Second Amendment 5 5 Vagueness doctrine 5 6 Abortion 5 7 Native American law 5 8 COVID 19 restrictions 6 Legal philosophy 6 1 Voting alignment 6 2 Judicial activism 6 3 Federalism and state power 6 4 Assisted suicide 6 5 Statutory interpretation 7 Personal life 7 1 Religion 8 Awards and honors 9 Selected works 9 1 Books 9 2 Articles 9 2 1 Other 9 3 Speeches 10 See also 11 References 11 1 Additional sources 12 Further reading 13 Videos 14 External linksEarly life and educationGorsuch was born on August 29 1967 in Denver Colorado to Anne Gorsuch Burford nee McGill 1942 2004 and David Ronald Gorsuch 1937 2001 7 8 He was the eldest of three children 9 and is a fourth generation Coloradan 10 Both of Gorsuch s parents were lawyers and his mother served in the Colorado House of Representatives from 1976 to 1980 In 1981 she was appointed by President Ronald Reagan as the first woman to serve as administrator of the U S Environmental Protection Agency 11 12 After his mother s appointment Gorsuch s family moved to Bethesda Maryland He enrolled in Georgetown Preparatory School 13 a selective Jesuit college preparatory school arriving as a freshman in 1981 14 He was two years junior to future justice Brett Kavanaugh a classmate he later clerked with at the Supreme Court Gorsuch was a member of Georgetown Prep s debate forensics and international relations clubs 15 and served as a United States Senate page in the early 1980s 16 He graduated in 1985 as student body president in contrast to Kavanaugh he was described as a fairly outgoing and extroverted student 15 17 Gorsuch attended Columbia University after high school graduating in 1988 with a Bachelor of Arts cum laude in political science He undertook a heavier courseload to graduate in three years 18 As an undergraduate he wrote for the Columbia Daily Spectator 19 and co founded the satirical student publication The Fed in 1986 20 21 Gorsuch distinguished himself as an active debater and an ardent conservative publishing pieces that criticized left wing politics After a brief stint as a writer for a short lived journal he led efforts to establish The Fed as a conservative alternative to liberal campus newspapers 18 He was a member of the Phi Gamma Delta fraternity 22 and was inducted into Phi Beta Kappa 23 18 24 After graduating from Columbia Gorsuch attended Harvard Law School on a Harry S Truman Scholarship 25 26 At Harvard he had been an editor of the Harvard Journal of Law and Public Policy 27 23 and was a member of the Lincoln s Inn Society the Harvard Prison Legal Assistance Project and the Harvard Defenders program 28 29 Gorsuch was described as a committed conservative who supported the Gulf War and congressional term limits on a campus full of ardent liberals 30 Despite his contrasting political views he was generally well liked by students 31 Philip C Berg a classmate and close friend remembered him as very sensitive and non confrontational recalling when he received Gorsuch s support in coming out 28 Gorsuch graduated in 1991 with a Juris Doctor cum laude Future President Barack Obama was among his classmates 32 Early legal careerClerkships Gorsuch served as a law clerk for Judge David B Sentelle of the United States Court of Appeals for the D C Circuit from 1991 to 1992 After spending a year at Oxford as a Marshall Scholar Gorsuch clerked for Justices Byron White and Anthony Kennedy from 1993 to 1994 23 26 33 His 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 23 Gorsuch was part of a group of five law clerks assigned that year that included Brett Kavanaugh who described Gorsuch at the time saying 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 34 Private law practice Instead of joining an established law firm Gorsuch decided to join the two year old boutique firm of Kellogg Huber Hansen Todd Evans amp Figel now Kellogg Hansen Todd Figel amp Frederick where he focused on trial work 12 After winning his first trial as lead attorney a jury member told Gorsuch he was like Perry Mason 12 He was an associate in the Washington D C law firm from 1995 to 1997 and a partner from 1998 to 2005 23 35 Gorsuch s clients included Colorado billionaire Philip Anschutz 36 At Kellogg Huber Gorsuch focused on commercial matters including contracts antitrust RICO and securities fraud 23 In 2002 Gorsuch wrote 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 the most impressive judicial nominees are grossly mistreated by the Senate 37 In 2004 Gorsuch received a Doctor of Philosophy in legal philosophy from the University of Oxford where he completed research on assisted suicide and euthanasia as a postgraduate student at University College 38 27 23 A Marshall Scholarship enabled him to study at Oxford in 1992 93 where he was supervised by the natural law philosopher John Finnis 39 His thesis was also supervised by Canadian legal scholar Timothy Endicott of Balliol College Oxford 38 40 In 1996 Gorsuch married Louise an Englishwoman and champion equestrienne on Oxford s riding team whom he met during his stay there 12 41 In 2005 at Kellogg Huber Gorsuch wrote a brief denouncing class action lawsuits by attorneys on behalf of shareholders In the case of Dura Pharmaceuticals Inc v Broudo Gorsuch opined The free ride to fast riches enjoyed by securities class action attorneys in recent years appeared to hit a speed bump and 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 35 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 June 2005 until July 2006 23 42 As McCallum s principal deputy he assisted in managing the Department of Justice s civil litigation components which included the antitrust civil civil rights environment and tax divisions 23 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 43 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 that attempted to strip federal courts of jurisdiction over the detainees 44 U S Court of Appeals for the Tenth Circuit 2006 2017 nbsp Gorsuch as a judge on the U S Court of Appeals for the Tenth CircuitIn January 2006 Philip Anschutz recommended Gorsuch s nomination to Colorado s U S senator Wayne Allard and White House Counsel Harriet Miers 36 On May 10 2006 President George W Bush nominated Gorsuch to the seat on the U S Court of Appeals for the Tenth Circuit vacated by Judge David M Ebel who was taking senior status 27 Like Ebel Gorsuch was a former clerk of Justice White The American Bar Association s Standing Committee on the Federal Judiciary unanimously rated him well qualified in 2006 23 45 46 On July 20 2006 Gorsuch was confirmed by unanimous voice vote in the U S Senate 47 48 He was Bush s fifth appointment to the Tenth Circuit 49 When Gorsuch began his tenure at Denver s Byron White United States Courthouse Justice Kennedy administered the oath of office 37 During his time on the Tenth Circuit ten of Gorsuch s law clerks went on to become Supreme Court clerks and he was sometimes regarded as a feeder judge 50 One of his former clerks Jonathan Papik became an associate justice of the Nebraska Supreme Court in 2018 51 Freedom of religion Gorsuch advocates a broad definition of religious freedom that is inimical to church state separation advocates 52 53 54 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 55 That ruling was upheld 5 4 by the Supreme Court in Burwell v Hobby Lobby Stores Inc 2014 56 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 57 That ruling was vacated and remanded to the Tenth Circuit by the per curiam Supreme Court in Zubik v Burwell 2016 56 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 58 The Supreme Court subsequently adopted most of the dissent s view reversing the Tenth Circuit s judgment 56 Gorsuch has written 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 59 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 60 61 Alone Gorsuch added a concurring opinion criticizing Chevron deference and National Cable amp Telecommunications Ass n v Brand X Internet Services 2005 as an abdication of judicial duty and writing that deference is more than a little difficult to square with the Constitution of the framers design 62 63 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 64 Justices Antonin Scalia and Ruth Bader Ginsburg had held the same view in their 2012 dissent in Reynolds v United States 65 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 66 A unanimous Supreme Court affirmed that ruling in Tarrant Regional Water District v Herrmann 2013 67 In 2013 Gorsuch joined a unanimous panel finding that federal courts could not hear a challenge to Colorado s internet sales tax 68 A unanimous Supreme Court reversed that ruling in Direct Marketing Ass n v Brohl 2015 67 In 2016 the Tenth Circuit panel rejected the challenger s dormant commerce clause claim with Gorsuch writing a concurrence 69 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 70 He 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 71 72 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 73 He added a concurrence noting that although the standard of review of campaign finance in the United States is unclear the Colorado law would fail even under intermediate scrutiny 74 Civil rights In Planned Parenthood v Herbert 2016 Gorsuch wrote for the four dissenting judges when the Tenth Circuit denied a full rehearing 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 75 76 In A M v 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 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 77 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 77 78 79 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 80 The Supreme Court affirmed that ruling 5 4 in Dolan v United States 2010 67 In United States v Games Perez 2012 Gorsuch ruled on a case where a felon owned a gun in violation of 18 U S C 922 g 1 but alleged that he did not know that he was a felon at the time Gorsuch joined the majority in upholding the conviction based on Tenth Circuit precedent but filed a concurring opinion arguing that said precedent was wrongly decided 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 81 In the 2019 case Rehaif v United States the Supreme Court overruled this decision with Gorsuch joining In 2013 Gorsuch joined a unanimous panel finding that intent does not need to be proven under a bank fraud statute 82 A unanimous Supreme Court affirmed that ruling in Loughrin v United States 2014 67 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 83 A unanimous Supreme Court reversed the Tenth Circuit in Nichols v United States 2016 67 Death penalty Gorsuch favors a strict reading of the Antiterrorism and Effective Death Penalty Act of 1996 AEDPA 56 In 2015 he wrote for the court when it permitted Oklahoma attorney general Scott Pruitt to order the execution of Scott Eizember prompting a 30 page dissent by Judge Mary Beck Briscoe 84 85 After the state s unsuccessful execution of Clayton Lockett Gorsuch joined Briscoe when the court unanimously allowed Pruitt to continue using the same lethal injection protocol The Supreme Court upheld that ruling 5 4 in Glossip v Gross 2015 86 List of judicial opinions During his tenure on the United States Court of Appeals for the Tenth Circuit Gorsuch authored 212 published opinions 87 Some of those are 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 614 F 3d 1173 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 635 Fed Appx 480 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 Archived March 29 2017 at the Wayback Machine 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 U S 837 1984 Nomination to Supreme CourtMain article Neil Gorsuch Supreme Court nomination nbsp President Donald Trump introduces Gorsuch accompanied by his wife Marie Louise Gorsuch as his nominee for the Supreme Court at the White House on January 31 2017 During the 2016 U S presidential election candidate Donald Trump included Gorsuch as well as his circuit colleague Timothy Tymkovich in a list of 21 judges whom Trump would consider nominating to the Supreme Court if elected 88 89 After Trump took office in January 2017 unnamed advisers listed Gorsuch in a shorter list of eight who they said were the leading contenders to be nominated to fill the seat left vacant by the death of Justice Antonin Scalia 90 On January 31 2017 Trump announced his nomination of Gorsuch to the Supreme Court 91 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 92 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 Obama had nominated Garland on March 16 2016 but Senate Judiciary Committee chairman Chuck Grassley did not schedule a hearing for him leaving Garland s nomination to expire on January 3 2017 93 Senate majority leader Mitch McConnell invoked the so called Biden Rule of 1992 to justify the Senate s refusal to consider Garland s nomination in a general election year 94 95 96 Trump formally transmitted his nomination to the Senate on February 1 2017 97 The American Bar Association unanimously gave Gorsuch its top rating Well Qualified to serve as Associate Justice of the U S Supreme Court 98 His confirmation hearing before the Senate started on March 20 2017 99 On April 3 the Senate Judiciary Committee approved his nomination with a party line 11 9 vote 100 On April 6 2017 Democrats filibustered prevented cloture the confirmation vote after which Republicans invoked the nuclear option allowing a filibuster of a Supreme Court nominee to be broken by a simple majority vote 101 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 102 103 104 105 John Finnis who supervised Gorsuch s dissertation at Oxford said 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 said 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 103 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 106 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 Republicans in attendance 107 Gorsuch received his commission on April 8 2017 108 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 a m at the Supreme Court making Gorsuch the 101st associate justice of the Court At 11 a m Justice Kennedy administered the judicial oath of office in a public ceremony at the White House Rose Garden 109 110 111 U S Supreme Court 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 The Court ruled against the borrowers holding that Santander in this case was not a debt collector under the Fair Debt Collection Practices Act since it 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 112 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 113 114 First Amendment 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 115 116 Gorsuch authored the majority opinion in Kennedy v Bremerton School District 2022 which concerned a public high school football coach who was fired for praying on the field after games The opinion held that the coach s conduct was protected by both the Free Speech and Free Exercise clauses of the First Amendment and that the school s attempt to stop him was not mandated by the amendment s Establishment Clause 117 LGBT rights In 2017 in Pavan v Smith the Supreme Court summarily overruled the Arkansas Supreme Court s decision to deny same sex married parents the same right to appear on the birth certificate 118 Gorsuch wrote a dissent joined by Thomas and Alito arguing that the Court should have fully heard the arguments of the case 119 In 2020 Gorsuch wrote the majority opinion in the combined cases of Bostock v Clayton County Altitude Express Inc v Zarda and R G amp G R Harris Funeral Homes Inc v Equal Employment Opportunity Commission ruling that businesses cannot discriminate in employment against LGBTQ people He argued that discrimination based on sexual orientation was illegal discrimination on the basis of sex because the employer would be discriminating for traits or actions it would not have questioned in members of a different sex 120 The ruling was 6 3 with Gorsuch joined by Chief Justice Roberts and the Court s four Democratic appointees 121 122 Justices Thomas Alito and Kavanaugh dissented from the decision arguing that it improperly extended the Civil Rights Act to include sexual orientation and gender identity 123 In October 2020 Gorsuch agreed with the justices in an apparently unanimous decision to deny an appeal from Kim Davis a county clerk who refused to issue marriage licenses to same sex couples 124 In June 2021 he joined the justices in the unanimous Fulton v City of Philadelphia decision ruling in favor of a Catholic adoption agency that had been denied a contract by the City of Philadelphia due to the agency s refusal to adopt to same sex couples 125 Gorsuch and Thomas joined Alito s concurrence which argued for reconsidering possibly overturning Employment Division v Smith an important precedent limiting First Amendment protections for religious practices 126 Also in 2021 Gorsuch was one of three justices with Thomas and Alito who voted to hear an appeal from a Washington State florist who had refused service to a same sex couple based on her religious beliefs against same sex marriage 127 128 129 In November 2021 Gorsuch dissented from the Court s 6 3 decision to reject an appeal from Mercy San Juan Medical Center a hospital affiliated with the Roman Catholic Church which had sought to deny a hysterectomy to a transgender patient on religious grounds 130 The decision to reject the appeal left in place a lower court ruling in the patient s favor Thomas and Alito also dissented 131 132 Second Amendment nbsp Gorsuch at the LBJ Presidential Library in 2019Gorsuch joined Thomas s dissent from denial of certiorari in Peruta v San Diego County in which the Ninth Circuit had upheld California s restrictive concealed carry laws 133 Gorsuch wrote a statement regarding the denial of an application for a stay presented to Roberts in Guedes v Bureau of Alcohol Tobacco Firearms and Explosives a 2019 D C Circuit case challenging the Trump administration s ban on bump stocks In his statement Gorsuch criticized the Trump Administration s action as well as the justification the U S Court of Appeals for the D C Circuit used for upholding the ban 134 135 Vagueness doctrine In Sessions v Dimaya 2018 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 and wrote a separate concurrence reiterating the importance of the vagueness doctrine within Scalia s 2015 opinion in Johnson 136 In United States v Davis 2019 Gorsuch wrote the Opinion of the Court striking down the residual clause of the Hobbs Act based on the rationale used in Dimaya 137 138 Abortion 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 139 He and Alito joined Thomas s dissent arguing that it was the Court s job to hear the case 140 In February 2019 Gorsuch sided with three of the Court s other conservative justices rejecting a stay to temporarily block a law restricting abortion in Louisiana 141 The law that the court temporarily stayed in a 5 4 decision would require that doctors performing abortions have admitting privileges in a hospital 142 In June 2020 the Supreme Court struck down Louisiana s abortion restriction in June Medical Services LLC v Russo a 5 4 decision Gorsuch was among the four dissenters 143 144 In September 2021 the Supreme Court declined a petition to block a Texas law banning abortion after six weeks the vote was 5 4 with Gorsuch in the majority joined by Thomas Alito Kavanaugh and Barrett 145 In June 2022 Gorsuch was among the five justices who formed the majority opinion in Dobbs v Jackson Women s Health Organization which ruled there is no constitutional right to abortion overruling Roe v Wade and Planned Parenthood v Casey 146 Native American law Gorsuch is regarded as an authority on American Indian law 147 During his time on the Supreme Court he has frequently affirmed tribal rights his appointment to the Court was supported by multiple tribes and Native American organizations due to his favorable rulings as a Tenth Circuit judge 148 149 In March 2019 Gorsuch joined the four liberal justices in two plurality opinions in a 5 4 majority in Washington State Dept of Licensing v Cougar Den Inc 150 The Court s decision sided with the Yakama Nation striking down a Washington state tax on transporting gasoline on the basis of an 1855 treaty in which the Yakama ceded a large portion of Washington in exchange for certain rights 151 In his concurrence which was joined by Ginsburg Gorsuch ended his opinion by writing Really this case just tells an old and familiar story The State of Washington includes millions of acres that the Yakamas ceded to the United States under significant pressure In return the government supplied a handful of modest promises The state is now dissatisfied with the consequences of one of those promises It is a new day and now it wants more But today and to its credit the Court holds the parties to the terms of their deal It is the least we can do 152 In May 2019 Gorsuch again joined the four more liberal justices in a decision favorable to Native Americans treaty rights signing on to Justice Sotomayor s opinion to reach a 5 4 decision in Herrera v Wyoming The case held that hunting rights in Montana and Wyoming granted by the U S government to the Native American Crow people by an 1868 treaty were not extinguished by the 1890 grant of statehood to Wyoming 153 In July 2020 Gorsuch again joined the liberal justices to make a 5 4 majority in McGirt v Oklahoma The case considered whether much of eastern Oklahoma still remained under the jurisdiction of the Five Civilized Tribes given that the Native American Treaties that had designated the region as under their reservation status had never been dissolved by Congress and if so whether crimes committed by Native Americans against other Native Americans on tribal land were under the jurisdiction of Native Courts 154 The landmark decision in the affirmative written by Gorsuch found that For Major Crimes Act purposes land reserved for the Creek Nation since the 19th century remains Indian country 155 156 In the opinion he wrote Today we are asked whether the land these treaties promised remains an Indian reservation for purposes of federal criminal law Because Congress has not said otherwise we hold the government to its word 156 The case was later reviewed in the June 2022 case Oklahoma v Castro Huerta which considered whether non Natives who committed crimes against Natives on Native American territory can be charged under the sole jurisdiction of Native American tribal courts 157 158 While the state of Oklahoma had initially argued for the overturning of McGirt the Court agreed to hear only issues relating to the impacts of McGirt 159 The 5 4 decision by Justice Brett Kavanaugh opposed the more expanded viewpoint of non Native criminal jurisdiction with the opinion giving jurisdiction over such crimes to both tribal and federal state governments Gorsuch derided the opinion in his dissent writing Where this Court once stood firm today it wilts 160 161 On June 15 2022 Gorsuch Barrett and the three liberal justices ruled in favor of the Native American Tribes of Texas in the case Ysleta del Sur Pueblo v Texas The case concerned a dispute over whether Texas could control and regulate gambling on Texan Native American reservations The initial conflict had developed from the tribes having been in a trust with Texas from 1968 to 1987 before being granted a federal trust resulting in a statute governing the tribes subjugation to Texas s gambling restrictions 162 The ruling emphasized that the tribes have the power to regulate electronic bingo games on their land regardless of the state s prohibition of non prohibited gambling Thus as long as a game is not outright prohibited by the state of Texas the state government cannot impose regulations upon tribal games Gorsuch emphasized in his opinion that None of this is to say that the Tribe may offer gaming on whatever terms it wishes Other gaming activities are subject to tribal regulation and must conform to the terms and conditions set forth in federal law 163 COVID 19 restrictions On November 26 2020 Gorsuch joined the majority opinion in Roman Catholic Diocese of Brooklyn v Cuomo which struck down COVID 19 restrictions imposed by the state of New York on houses of worship 164 On May 18 2023 Gorsuch issued a statement about the Court s decision to dismiss a lawsuit by several states aimed at continuing Title 42 expulsions of immigrants a policy instituted to prevent the introduction of COVID 19 cases to the United States His statement criticized many of the restrictions the government had imposed since the pandemic started and said Since March 2020 we may have experienced the greatest intrusions on civil liberties in the peacetime history of this country 165 Legal philosophyGorsuch 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 2 3 4 An editorial in the National Catholic Register opined that Gorsuch s judicial decisions lean more toward natural law philosophy 166 In January 2019 Bonnie Kristian of The Week wrote that an unexpected civil libertarian alliance was developing between Gorsuch and Sotomayor in defense of robust due process rights and skepticism of law enforcement overreach 167 Voting alignment FiveThirtyEight used Lee Epstein et al s Judicial Common Space scores 168 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 Kavanaugh Thomas and Alito 169 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 170 Judicial activism nbsp Gorsuch in 2019In 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 171 In a 2005 National Review article 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 He 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 47 172 Federalism and state power Justin Marceau a professor at the University of Denver s Sturm College of Law called Gorsuch a predictably socially conservative judge who tends to favor state power over federal power Marceau added that this is important because federal laws have been used to try to reel in rogue state laws in civil rights cases 173 Assisted suicide In July 2006 Gorsuch s book The Future of Assisted Suicide and Euthanasia developed from his doctoral thesis was published by Princeton University Press 38 174 175 176 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 59 175 177 Statutory interpretation Gorsuch has been considered to follow in Scalia s footsteps as a textualist in statutory interpretation of the plain meaning of the law 178 179 This was exemplified in his majority opinion in Bostock v Clayton County 590 U S 2020 which ruled that Title VII of the Civil Rights Act of 1964 grants protection from employment discrimination due to sexual orientation and gender identity Gorsuch wrote in the decision An employer who fired an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex Sex plays a necessary and undisguisable role in the decision exactly what Title VII forbids 180 181 182 Personal life nbsp Gorsuch and family with Donald Trump Anthony Kennedy and Mike Pence prior to his swearing inGorsuch and his wife Marie Louise Gorsuch 183 a British citizen met at Oxford The two married at St Nicholas Anglican Church in Henley on Thames in 1996 184 185 They live in Boulder Colorado and have two daughters 186 187 188 Gorsuch enjoys the outdoors and fly fishing he went fly fishing on at least one occasion with Justice Scalia 10 189 He raises horses chickens and goats and often arranges ski trips with colleagues and friends 56 He has authored two nonfiction books The first The Future of Assisted Suicide and Euthanasia was published by Princeton University Press in July 2006 190 He is a co author of The Law of Judicial Precedent published by Thomson West in 2016 35 In 2017 after his announcement as a Supreme Court nominee the New York Times reported that Gorsuch owned a timeshare outside Granby Colorado with associates of Philip Anschutz that was later sold the same year 36 Reporting from Politico in April 2023 revealed that Gorsuch had sold the cabin to Brian Duffy the CEO of the law firm Greenberg Traurig which litigates cases before the Supreme Court but failed to disclose the purchaser s identity on his federal disclosure forms 191 The property was listed for sale for a few years but did not go under contract until the week after Gorsuch joined the Supreme Court 191 192 Since 2017 Greenberg Traurig has been involved in at least 22 cases before or presented to the Supreme Court 191 193 Gorsuch has been active in several professional associations throughout his legal career 23 including 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 23 In May 2019 it was announced that Gorsuch would become the new chairman of the board of the National Constitution Center succeeding former vice president Joe Biden 194 Religion Gorsuch was the first member of a mainline Protestant denomination to sit on the Supreme Court since the retirement of John Paul Stevens in 2010 195 196 197 He and his two siblings were raised Catholic and attended weekly Mass 198 186 His wife Louise is British born the two met while Neil was studying at Oxford Louise was raised in the Church of England 199 When the couple returned to the United States they joined Holy Comforter an Episcopal parish in Vienna Virginia attending weekly services Gorsuch volunteered there as an usher 197 The Gorsuch family later attended St John s Episcopal Church in Boulder Colorado a liberal church with a longstanding open door policy for the LGBT community 91 200 201 During his 2017 confirmation hearing responding to a senator s question about his faith Gorsuch replied I attend an Episcopal church in Boulder with my family senator 202 203 204 After marrying in a non Catholic ceremony and joining an Episcopal church Gorsuch has not publicly clarified his religious affiliation 199 Awards and honorsGorsuch received the Edward J Randolph Award for outstanding service to the Department of Justice and the Harry S Truman Foundation s Stevens Award for outstanding public service in the field of law 188 Selected worksBooks Gorsuch Neil 2004 The right to receive assistance in suicide and euthanasia with particular reference to the law of the United States DPhil thesis University of Oxford Gorsuch Neil 2006 The Future of Assisted Suicide and Euthanasia Princeton NJ Princeton University Press doi 10 1515 9781400830343 ISBN 978 1 4008 3034 3 Gorsuch Neil 2019 A Republic If You Can Keep It New York Crown Forum ISBN 978 0 525 57678 5 Articles Gorsuch Neil Guzman Michael 1991 Will the Gentlemen Please Yield A Defense of the Constitutionality of State Imposed Term Limitations Hofstra Law Review 20 341 385 Also published as Cato Institute Policy Analysis No 178 1992 Gorsuch Neil 2000 The Right to Assisted Suicide and Euthanasia PDF Harvard Journal of Law and Public Policy 23 2 599 710 PMID 12524693 Gorsuch Neil Wood Diane Yahner Ann Issacharoff Samuel Anderson Brian Bryant Arthur September 13 2004 Panel 2 Tools for Ensuring that Settlements Are Fair Reasonable and Adequate PDF Protecting Consumer Interests in Class Actions pp 84 139 Archived from the original PDF on October 31 2020 Transcript published by The Georgetown Journal of Legal Ethics 18 1197 Gorsuch Neil 2004 The Legalization of Assisted Suicide and the Law of Unintended Consequences A Review of the Dutch and Oregon Experiments and Leading Utilitarian Arguments for Legal Change Wisconsin Law Review 2004 1347 2424 Gorsuch Neil 2007 A Reply to Raymond Tallis on the Legalization of Assisted Suicide and Euthanasia Journal of Legal Medicine 28 3 327 332 doi 10 1080 01947640701554468 PMID 17885904 S2CID 36871391 Gorsuch Neil 2014 Law s Irony Thirteenth Annual Barbara K Olson Memorial Lecture PDF Harvard Journal of Law and Public Policy 37 3 743 756 Archived from the original PDF on July 30 2017 Gorsuch Neil 2016 Of Lions and Bears Judges and Legislators and the Legacy of Justice Scalia 2016 Sumner Canary Memorial Lecture Case Western Reserve Law Review 66 4 905 920 Gorsuch Neil 2016 Access to Affordable Justice A Challenge to the Bench Bar and Academy PDF Judicature 100 3 46 55 Archived from the original PDF on February 2 2017 Retrieved February 2 2017 Gorsuch Neil 2018 In Tribute Justice Anthony M Kennedy PDF Harvard Law Review 132 3 5 Other Gorsuch Neil November 4 1992 Rule of Law The Constitutional Case for Term Limits The Wall Street Journal p A15 Gorsuch Neil May 4 2002 Justice White and judicial excellence United Press International Archived from the original on October 31 2020 Gorsuch Neil March 18 2004 Letter to the Editor Nonpartisan Fee Awards The Washington Post p A30 Archived from the original on October 31 2020 Gorsuch Neil Matey Paul January 31 2005 No Loss No Gain Legal Times Gorsuch Neil February 7 2005 Liberals N Lawsuits National Review Online Archived from the original on October 31 2020 Gorsuch Neil Matey Paul 2005 Settlements in Securities Fraud Class Actions Improving Investor Protections PDF Critical Legal Issues Working Paper Series 128 Gorsuch Neil May 18 2007 The assisted suicide debate The Times Literary Supplement Gorsuch Neil 2013 Intention and the Allocation of Risk In Keown John George Robert eds Reason Morality and Law The Philosophy of John Finnis pp 413 424 doi 10 1093 acprof oso 9780199675500 003 0026 ISBN 978 0 19 967550 0 Gorsuch Neil Coats Nathan Dunn Stephanie Myhre Blain Witt Jesse 2013 Effective Brief Writing Appellate Practice Update 2013 OCLC 889590599 Gorsuch Neil September 5 2019 Disregarding the Separation of Powers Has Real Life Consequences National Review Archived from the original on October 31 2020 Speeches Gorsuch Neil September 3 2016 Legacy of Supreme Court Justice Antonin Scalia video 59 59 mins Tenth Circuit Court Bench amp Bar Conference Colorado Springs Colorado C Span See alsoDonald Trump judicial appointment controversies List of law clerks of the Supreme Court of the United States Seat 1 List of law clerks of the Supreme Court of the United States Seat 6 References How to pronounce Gorsuch The Washington Post March 22 2017 Archived from the original on April 4 2017 Retrieved April 3 2017 a b Totenberg Nina January 24 2017 3 Judges Trump May Nominate For The Supreme Court NPR Archived from the original on February 14 2021 Retrieved April 5 2018 a b Karl Jonathan January 24 2017 Judge Neil Gorsuch Emerges as Leading Contender for Supreme Court ABC News Archived from the original on February 14 2021 Retrieved June 28 2020 a b Ponnuru Ronesh January 31 2017 Neil Gorsuch A Worthy Heir to Scalia National Review Archived from the original on February 14 2021 Retrieved January 31 2017 Kelleher J Paul March 20 2017 Neil Gorsuch s natural law philosophy is a long way from Justice Scalia s originalism Vox Archived from the original on February 14 2021 Retrieved March 9 2018 Livni Ephrat April 7 2017 Neil Gorsuch is the first US Supreme Court justice to sit on the bench with his high court boss Quartz Retrieved August 16 2017 Neil Gorsuch August 28 2019 Archived from the original on August 16 2021 Retrieved October 1 2021 David Ronald Gorsuch geni com February 1937 Archived from the original on February 14 2021 Retrieved November 27 2017 Liptak Adam Baker Peter Fandos Nicholas Turkewitz Julie February 4 2017 In Fall of 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Same Elite Prep School The New York Times ISSN 0362 4331 Retrieved April 11 2023 Congress July 20 2006 Senator Mark Udall in support of Neil M Gorsuch for Tenth Circuit Judge p 15384 ISBN 978 0 16 086155 0 Archived from the original on February 14 2021 Retrieved June 12 2017 via Google Books a href Template Cite book html title Template Cite book cite book a journal ignored help Trump s Two SCOTUS Picks Also Went to High School Together Washingtonian July 9 2018 Retrieved April 11 2023 a b c Vinciguerra Thomas Fall 2017 The Education of Neil Gorsuch Columbia Magazine Retrieved April 11 2023 Columbia Daily Spectator spectatorarchive library columbia edu October 1 1985 Archived from the original on February 14 2021 Retrieved January 31 2017 Quigley Aidan February 2017 At Columbia Gorsuch blasted progressive protesters defended free speech POLITICO Retrieved April 11 2023 Marhoefer Laurie December 1 1999 The History of Columbia s Oldest Student Paper The Fed Archived from the original on 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Archived from the original on February 14 2021 Retrieved January 31 2017 Judge Neil M Gorsuch was nominated to the United States Court of Appeals for the Tenth Circuit in May 2006 His nomination was confirmed in the United States Senate by unanimous voice vote Supreme Court choice Neil Gorsuch draws Democrat opposition BBC Archived from the original on February 14 2021 Retrieved February 1 2017 Taylor Audrey Sands Geneva January 26 2017 Judge Neil Gorsuch What You Need to Know About the Possible SCOTUS Nominee ABC News Archived from the original on February 14 2021 Retrieved June 28 2020 a b c Przybyla Heidi April 25 2023 Law firm head bought Gorsuch owned property POLITICO Retrieved April 25 2023 Savage Charlie April 25 2023 Head of a Major Law Firm Bought Real Estate From Gorsuch The New York Times Retrieved April 26 2023 The Supreme Court Sabotages Efforts to Protect Public Health and Safety The New York Times July 1 2022 ISSN 0362 4331 Retrieved April 27 2023 Sherman Mark May 14 2019 Gorsuch replaces Biden as chair of civic education group AP NEWS Archived from the original on February 14 2021 Retrieved February 14 2021 Neil Gorsuch belongs to a notably liberal church and would be the first Protestant on the Court in years Washington Post Archived from the original on February 4 2017 Retrieved October 11 2018 Petiprin Andrew Guest opinion column Episcopal Church a fitting place for conservative Neil Gorsuch OrlandoSentinel com Archived from the original on March 30 2019 Retrieved October 11 2018 a b What Neil Gorsuch s faith and writings could say about his approach to religion on the Supreme Court The Denver Post February 10 2017 Archived from the original on February 14 2021 Retrieved October 11 2018 Neil Gorsuch Religion Denverpost com February 10 2017 accessed February 25 2017 a b Burke Daniel What is Neil Gorsuch s religion It s complicated CNN Archived from the original on February 14 2021 Retrieved July 12 2018 Neil Gorsuch Belongs to a Notably Liberal Church and Would Be the First Protestant on the Court in Years The Washington Post February 1 2017 Archived from the original on February 14 2021 Retrieved February 25 2017 Shellnutt Kate Trump s Supreme Court Pick Religious Freedom Defender Neil Gorsuch Christianity Today Archived from the original on February 14 2021 Retrieved January 31 2017 CONFIRMATION HEARING ON THE NOMINATION OF HON NEIL M GORSUCH TO BE AN ASSOCIATE JUSTICE OF THE SUPREME COURT OF THE UNITED STATES www congress gov Retrieved March 29 2022 God knows Ketanji Brown Jackson s faith to share spotlight at confirmation hearings ABC News Retrieved March 29 2022 Paulsen David October 7 2019 Neil Gorsuch s hero uncle was a progressive Episcopal priest on a winding spiritual path Episcopal News Service Retrieved March 29 2022 Additional sources Greenya John 2018 Gorsuch The Judge Who Speaks for Himself New York NY Simon amp Schuster ISBN 978 1501180378 Further readingQuestionnaire 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 VideosAppearances on C SPAN nbsp Law s Irony lecture as given at the Federalist Society video 29 min YouTube External linksNeil Gorsuch at Wikipedia s sister projects nbsp Media from Commons nbsp Quotations from Wikiquote 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 Archived March 20 2017 at the Wayback Machine at the Stanford Law Review Online Biography whitehouse gov Appearances on C SPANLegal officesPreceded by Principal Deputy Associate Attorney General2005 2006 Succeeded by Preceded byDavid M Ebel Judge of the United States Court of Appeals for the Tenth Circuit2006 2017 Succeeded byAllison H EidPreceded byAntonin Scalia Associate Justice of the Supreme Court of the United States2017 present IncumbentU S order of precedence ceremonial Preceded byElena Kaganas Associate Justice of the Supreme Court Order of precedence of the United Statesas Associate Justice of the Supreme Court Succeeded byBrett Kavanaughas Associate Justice of the Supreme Court Retrieved from https en wikipedia org w index php title Neil Gorsuch amp oldid 1181277931, wikipedia, wiki, book, books, library,

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