Neil Gorsuch fills Supreme Court vacancy
As the most recent justice confirmed to serve on the Supreme Court, Mr. Neil Gorsuch will likely act as a conservative voice on the court. Courtesy of nbcnews.com
In the wake of the death of Supreme Court Justice Mr. Antonin Scalia in February 2016, the Supreme Court has maintained an empty chair. President Mr. Donald Trump filled this vacancy by nominating Mr. Neil Gorsuch as the newest justice. Justice Mr. Anthony Kennedy swore in Mr. Gorsuch Monday April 10, allowing Mr. Gorsuch to become the one hundred and thirteenth justice to ever serve on the court.
Part of Mr. Trump’s first 100 days plan was to fill the Supreme Court opening. Last year, former president Mr. Barack Obama nominated judge Mr. Merrick Garland to the Supreme Court. However, Senate republicans stated that they would not recognize the nomination and claimed that the nomination should belong to the next president, according to The New York Times.
Partisanship hindered Mr. Gorsuch’s road to the Court. Democrats initially held a filibuster against Mr. Gorsuch, making it difficult for the Senate to reach the 60 votes necessary to continue to a final vote of Mr. Gorsuch’s nomination. Senate republicans then employed the “nuclear option” to lower the cloture vote to end discussion for Supreme Court nominations to a simple majority.
The Senate confirmed Mr. Gorsuch’s nomination April 7 by a vote of 54-45. Three democrats joined all Senate republicans in the vote. Mr. Gorsuch’s appointment now has the possibility of breaking decisions that could have otherwise ended with a split vote.
Courtesy of nbcnews.com
According to biography.com, Mr. Gorsuch acted as a conservative voice at Columbia University and Harvard Law School. A unanimous vote confirmed Mr. Gorsuch to the US Court of Appeals for the Tenth Circuit in 2006. Mr. Gorsuch has also written a law journal article and book about his arguments against assisted suicide laws, according to politico.com.
Additionally, Mr. Gorsuch considers himself a supporter of religious freedom. According to washingtonpost.com, he believes that the Religious Freedom Restoration Act “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.”
Mr. Gorsuch identifies as an originalist because he believes that judges should understand the Constitution in the context in which it was written. He also associates as a textualist. Thus, be believes that judges should interpret statutes literally and ignore the circumstances of the statute’s creation.
“The real appeal of Gorsuch nomination is he’s likely to be the most effective conservative nominee in terms of forging conservative decisions on the court,” Professor of law at George Washington University Law School Mr. Jeffrey Rosen said, according to politico.com. “He’s unusual for his memorable writing style, the depth of his reading and his willingness to rethink constitutional principles from the ground up.”
While he has not specifically spoken on his views of abortion, he made it clear that “all human beings are intrinsically valuable and the intentional taking of human life by private persons is always wrong,” according to washingtonpost.com.
Mr. Gorsuch favors states rights over federal power. He also believes police officers have the right to use force if they believe that they are in danger, even if they do not physically see the weapon in question.
Mr. Gorsuch has been a firm critic of Chevron deference. This principle states that when a law is broad and unclear, the federal agencies that enforce the law have the opportunity to interpret its meaning. Mr. Gorsuch believes that this interpretation is the task of the courts and provides agencies with an unreasonable amount of power, according to CNN.
In regards to the Second Amendment, Mr. Gorsuch has not given a clear opinion. Still, his originalist views lead gun right advocates to believe that he will strictly defend the Second Amendment, according to CNN.
In the case concerning driver Mr. Alphonse Madden, an employee of TransAm Trucking, Mr. Gorsuch alluded to the fact that he is a supporter of big businesses. TransAm Trucking fired Mr. Madden after abandoning company goods on the road and disregarding company instruction because his brakes were frozen. Mr. Gorsuch declared that the firing was legal.
Regardless of his position on current controversial issues, Mr. Gorsuch reminds the American people that he is prepared to properly execute his duties as a Supreme Court justice.
“Sitting here, I am acutely aware of my own imperfections,” Mr. Gorsuch said, according to npr.org. “But I pledge to each of you and to the American people that […] I will do all my powers permit to be a faithful servant of the Constitution and laws of our great nation.”
-Morgan Johnson, Co-Editor-In-Chief
