On January 31, 2017 US President Cheeto-Head named Judge Neil Gorsuch to the Supreme Court. The nomination fulfills Cheeto-Head’s promise to name a conservative justice “in the mold of Scalia” if elected president (legally or illegally). Since so much of what the Orange Racist Misogynist Tax Evader has done is questionable at best, it is time to take a serious look at the man he has appointed to the highest court in the United States.
Neil Gorsuch is in many ways the embodiment of what conservative Christian Republicans think a judge or politician should be. He is a white middle aged male who Is devoutly Christian, but not Catholic (his family are Episcopalian). He is well spoken, looks good in a suit and tie, and while he and his college sweetheart wife and two kids raise horses, chickens, and goats at their home in Colorado, they are no rednecks.
His family has a history of serving Republican presidents. Gorsuch’s mother, politician and lawyer Anne Gorsuch Burford, was appointed by former president Ronald Reagan to run the Environmental Protection Agency. For Republican climate-change deniers, Gorsuch Burford was ideal for she slashed the EPA’s budget, cut most clean water regulations from the books, and filled vital positions within the Agency with people from the very industries it was supposed to be checking. The scandals resulting from her actions led to her resignation in 1983.
Gorsuch’s resume is impressive. He is a graduate of Columbia, Harvard, and Oxford. After a couple of clerkships with conservative judges, he worked in private practice at a prestigious law firm in Washington DC for ten years and eventually ended up as a Federal Appelate Judge based in Colorado. At the same time Gorsuch has served as an occasional adjunct law professor at the University of Colorado.
There are also a lot of concerns about Judge Gorsuch.
People are worried that he is anti woman and would choose religious freedoms over people’s right to self determination.
There is a lot of evidence to support this worry.
While at Oxford, Gorsuch studied under Professor John Finnis, an Australian legal scholar who is considered an expert on natural law. After his studies, the Gorsuch and Finnis remained close. This seems harmless, but it’s not when you consider that Gorsuch’s mentor wrote about “the evil of homosexual conduct” in 1994 and has been branded a hatemonger by many.
As a judge, Gorsuch has a history of favoring religious freedoms over people’s right to health care and self determination. In the famous Hobby Lobby and Little Sisters of the Poor cases involving for-profit corporations demanding religious exemptions from the contraceptive mandate of the Affordable Care Act requiring corporate health plans to cover contraceptives for female employees on penalty of fines for refusal, Gorsuch sided with the corporations. In the Little Sisters of the Poor decision, he wrote that it was:
“An issue that has little to do with contraception and a great deal to do with religious liberty … When a law demands that a person do something the person considers sinful, and the penalty for refusal is a large financial penalty, then the law imposes substantial burden on that person’s free exercise of religion.”
Though Gorsuch has never decided an abortion case, he did publish a book called The Future of Assisted Suicide and Euthanasia in 2009 and many argue that the views expressed in it could easily transfer to abortion. In his book he says that human life is “fundamentally and inherently valuable, and that the intentional taking of human life by private persons is always wrong.”
Whether this view actually extends to abortion remains to be seen, but it has caused enough concern that the National Institute for Reproductive Health has called his appointment “an extension of the Trump administration’s attack on women’s rights,” and Senator Bernie Sanders tweeted on January 31, 2017 that:
Judge Gorsuch must explain his hostility to women’s rights, support of corporations over workers and opposition to campaign finance reform. https://t.co/b3ds4egnvv
— Bernie Sanders (@BernieSanders) February 1, 2017
Despite his worrisome track record on certain issues, Gorsuch does show promise for two fundamental reasons.
First, he is outspokenly against excessive criminalization. That means that he thinks there are too many criminal laws punishing ordinary behavior on the books.
In 2013 he gave the 13th Annual Barbara K. Olsen Memorial Lecture in which he points out that too many laws violate people’s rights to fair notice to the point that “criminal law comes to cover so many facets of daily life that prosecutors can almost choose their targets with impunity.”
Neil Gorsuch’s legal decisions reflect this belief as he often sides with defendants in criminal cases. This bodes well when it comes to issues of race for African Americans and Hispanics are excessively targeted and prosecuted in the United States.
Another reason to hope is because of Gorsuch’s belief in the judiciary’s role in containing the excesses of Executive Power. He is in favor of term limits for elected officials because “men are not angels.”
Though, like Scalia, he believes in interpreting the constitution from the perspective of its authors. This comes with an understanding of the need to enforce the checks and balances on the legislative and executive branches to save the country from abuse by those who govern it.
Though thus far only lower courts have halted the enforcement of abusive and illegal Executive Orders from the Oval Office, Gorsuch’s reputation as a principled jurist against executive excess suggests that he would not hesitate to rule against the White House if he ascended to the Supreme Court.
Though there is hope for the United States, there is also the danger of a deadlock. Democrats are still bitter about the Senate’s refusal to confirm Judge Merrick Garland, who was named to the Supreme Court by Barack Obama. Like Garland, Gorsuch is mostly respected across party lines, so the question remains whether the Senate will do its job this time, or give the Cheeto Administration the silent treatment.