WASHINGTON – President Donald Trump nominated Neil Gorsuch, a fast-rising conservative judge with a writer’s flair, to the Supreme Court Tuesday night, setting up a fierce fight with Democrats over a jurist who could shape America’s legal landscape for decades to come.
At 49, Gorsuch is the youngest Supreme Court nominee in a quarter-century. He’s known on the Denver-based 10th Circuit Court of Appeals for clear, colloquial writing, advocacy for court review of government regulations, defense of religious freedom and skepticism toward law enforcement.
“Judge Gorsuch has outstanding legal skills, a brilliant mind, tremendous discipline and has earned bipartisan support,” Trump declared, announcing the nomination in his first televised prime-time address from the White House.
Gorsuch’s nomination was cheered by conservatives wary of Trump’s own fluid ideology. If confirmed by the Senate, he will fill the seat left vacant by the death last year of Antonin Scalia, long the right’s most powerful voice on the high court.
With Scalia’s wife, Maureen, sitting in the audience, Trump took care to praise the late justice. Gorsuch followed, calling Scalia a “lion of the law.”
Gorsuch thanked Trump for entrusting him with “a most solemn assignment.” Outlining his legal philosophy, he said: “It is the rule of judges to apply, not alter, the work of the people’s representatives. A judge who likes every outcome he reaches is very likely a bad judge.”
Some Democrats, still smarting over Trump’s unexpected victory in the presidential election, have vowed to mount a vigorous challenge to nearly any nominee to what they view as the court’s “stolen seat.” President Barack Obama nominated U.S. Circuit Court Judge Merrick Garland for the vacancy after Scalia’s death, but Senate Republicans refused to consider the pick, saying the seat should be filled only after the November election.
Senate Democratic leader Charles Schumer said he has “serious doubts” that Gorsuch is within what Democrats consider the legal mainstream, saying he “hewed to an ideological approach to jurisprudence that makes me skeptical that he can be a strong, independent justice on the court.”
Trump’s choice of Gorsuch marks perhaps the most significant decision of his young presidency, one with ramifications that could last long after he leaves office. After a reality television buildup to Tuesday’s announcement – including a senior Trump adviser saying more than one court candidate was heading to Washington ahead of the event– the actual reveal was traditional and drama-free.
For some Republicans, the prospect of filling one or more Supreme Court seats over the next four years has helped ease their concerns about Trump’s experience and temperament. Three justices are in their late 70s and early 80s, and a retirement would offer Trump the opportunity to cement conservative dominance of the court for many years.
Gorsuch would restore the court to the conservative tilt it held with Scalia on the bench. But he is not expected to call into question high-profile rulings on abortion, gay marriage and other issues in which the court has been divided 5-4 in recent years.
If confirmed, Gorsuch would join the court that is often the final arbiter for presidential policy. Justices upheld Obama’s signature health care law in 2012 and could eventually hear arguments over Trump’s controversial refugee and immigration executive order.
Gorsuch’s writings outside the court offer insight into his conservative leanings. He lashed out at liberals in a 2005 opinion piece for National Review, written before he became a federal judge.
“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 for effecting their social agenda on everything from gay marriage to assisted suicide to the use of vouchers for private-school education,” he wrote.
Gorsuch has won praise from conservatives for his defense of religious freedom, including in a case involving the Hobby Lobby craft stores. He voted in favor of privately held for-profit secular corporations, and individuals who owned or controlled them, who raised religious objections to paying for contraception for women covered under their health plans.
The judge also has written opinions that question 30 years of Supreme Court rulings that allow federal agencies to interpret laws and regulations. Gorsuch has said that federal bureaucrats have been allowed to accumulate too much power at the expense of Congress and the courts.
Like Scalia, Gorsuch identifies himself as a judge who tries to decide cases by interpreting the Constitution and laws as they were understood when written. He also has raised questions about criminal laws in a way that resembles Scalia’s approach to criminal law.
University of Michigan law professor Richard Primus said Gorsuch “may be the closest thing the new generation of conservative judges has to Antonin Scalia.”
Gorsuch, like the other eight justices on the court, has an Ivy League law degree. The Colorado native earned his bachelor’s degree from Columbia University in three years, then a law degree from Harvard. He clerked for Supreme Court Justices Byron White, a fellow Coloradan, and Anthony Kennedy before earning a philosophy degree at Oxford University and working for a prominent Washington law firm.
He served for two years in George W. Bush’s Department of Justice before Bush nominated him to the appeals court. His mother was Anne Gorsuch Burford, who was head of the Environmental Protection Agency in the Reagan administration.
Gorsuch was among the 21 possible choices for the court Trump released during the campaign. Other finalists also came from that list, including Thomas Hardiman, who serves alongside Trump’s sister on the Philadelphia-based 3rd U.S. Circuit Court of Appeals, and William Pryor, a federal appeals court judge and Alabama’s attorney general from 1997 to 2004.
If Democrats decide to filibuster Gorsuch’s nomination, his fate could rest in the hands of Senate Majority Leader Mitch McConnell. Trump has encouraged McConnell to change the rules of the Senate and make it impossible to filibuster a Supreme Court nominee – a change known in the Senate as the “nuclear option.”
A conservative group already has announced plans to begin airing $2 million worth of ads in support of the nominee in Indiana, Missouri, Montana and North Dakota, four states that Trump won and in which Democrats will be defending their Senate seats in 2018.
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