Cuck or Catch?
A little after 8 o’clock on January 31st 2017 Donald Trump announced his appointee to the Supreme Court. I had never heard of him so I decided investigate his past, perspectives and a rundown of his acceptance speech.
Neil McGill Gorsuch was born on August 29, 1967, in Denver, Colorado. Gorsuch is the son of David Gorsuch and Anne Gorsuch Burford (the first female head of the Environmental Protection Agency), but moved to Washington D.C.; as a teenager, because of his mother’s appointment to the EPA and in 1985, graduated from the Jesuit-run Georgetown Preparatory School. He received a B.A. from Columbia University in 1988. While a student at Columbia University. He earned his J.D. from Harvard Law School in 1991. At Harvard One of Gorsuch’s classmates was former President Barack Obama. Gorsuch clerked for Judge, David B. Sentelle on the United States Court of Appeals for the D.C. Circuit from 1991 to 1992, and then for United States Supreme Court with Justices Byron White and Anthony Kennedy from 1993 to 1994. From 1995 to 2005, Gorsuch was a lawyer at the Washington, D.C. law firm of Kellogg, Huber, Hansen, Todd, Evans & Figel. In 2002, Gorsuch penned an op-ed criticizing the Senate for delaying the nominations of Merrick Garland and John Roberts to the U.S. Court of Appeals for the D.C. Circuit, writing that “the most impressive judicial nominees are grossly mistreated” by the Senate. After many years of hard work, he received his doctorate in Law from Oxford University in 2004.
Later he served as Principal Deputy to the Associate Attorney General, Robert McCallum, at the U.S. Department of Justice from 2005 until 2006. On May 10, 2006, Gorsuch was nominated by President George W. Bush to the seat on the United States Court of Appeals for the Tenth Circuit. Just over two months later, on July 20, 2006, Gorsuch was confirmed by voice vote in the U.S. Senate. When Gorsuch began his tenure at the Denver appeals court, Justice Anthony Kennedy gave him the oath of office.
Now we will talk about his perspectives and rulings as a judge.
On money in politics: Gorsuch has opined that giving money to politicians while running campaigns is a “fundamental right” that should be afforded the highest standard of constitutional protection, known as strict scrutiny. So he essentially supports citizens united, which seems to run contrary to the Trump-Pence campaign promises of “draining the swamp”; and also seems to lend legitimacy to the idea of a corporatist takeover of the administration after officials were appointed from wall-street such as Goldman Sachs.
On freedom of religion: Gorsuch advocates a broad definition of religious freedom and sided with Christian employers and religious organizations in the cases of Burwell vs Hobby Lobby Stores, Inc. and the case of Little Sisters of the Poor Home for the Aged vs Burwell, later consolidated into Zubik vs Burwell. Gorsuch himself is an Episcopalian and supports religious freedoms. (He would probably would rule on the side of outlawing abortion)
On Interstate commerce: Gorsuch has been an opponent of the dormant commerce clause, which allows state laws to be declared unconstitutional if they too greatly burden interstate commerce. In his opinion for the 2015 case of Energy and Environmental Legal Institute v. Joshua Epel, Gorsuch opined that Colorado’s mandates for renewable energy did not violate the commerce clause by putting out-of-state coal companies at a disadvantage. Gorsuch wrote that the Colorado renewable energy law “isn’t a price-control statute, it doesn’t link prices paid in Colorado with those paid out of state, and it does not discriminate against out-of-staters”.
On Death penalty: Gorsuch favors a strict reading of the Antiterrorism and Effective Death Penalty Act of 1996. In a 2003 case, Gorsuch denied requests of death-row inmates seeking to escape executions. (this allows terrorists to be prosecuted with more ease)
His Legal philosophy
On originalism: 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. Antonin (Scalia was as an originalist) opposition to “judicial activism” (which Ruth Bader Ginsburg is a proponent of) 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.
On States’ rights and federalism: Gorsuch was described by Justin Marceau, a professor at the University of Denver’s, as “a predictably socially conservative judge who tends to favor state power over federal power”. Marceau added that the issue of states’ rights is important since federal laws have been used to reel in “rogue” state laws in civil rights cases.
On Social issues: Gorsuch has never had the opportunity to write an opinion on Roe v. Wade. However, Gorsuch wrote that he opposed euthanasia and assisted suicide and that “all human beings are intrinsically valuable and the intentional taking of human life by private persons is always wrong.”
In His acceptance speech he talked about how he will be a supporter of the Constitution to his strongest degree. Shortly after he referred to the rule of law being filled, echoing what Trump promised in his campaign. He referred to the constitution as the largest giant of liberty the world has ever known. He praised Antonin Scalia and Robert Jackson. He went on to talk about his mentors justice white and Kennedy. He said “a judge’s duty is to be impartial, Independence, collegiality, and courage.” He said he “hopes to get bipartisan support in the Senate and commended them the greatest deliberative body on Earth.” He said “it is congress’s job to change laws not the Supreme Court’s.” He wrapped up his acceptance speech by saying, he is thankful for his family friends and faith. And he was most honored and humbled.
What does this mean for me and the Alt-Right? I Believe he is a well-reasoned and respectable choice with a good record as a judge. I think his judgements will take power away from the federal government and deliver it to the states. Moreover, his greatest achievement by far may be that he is able to end the unelected unconstitutional rulings of Judges who find it appropriate to selectively interpret laws based on their own political agenda, this endemic practice will be the death of democracy in The United States if Gorsuch doesn’t succeed in putting a stop to it.