Neil Gorsuch

Justice, lawyer, author

• Born: August 29, 1967
• Place of Birth: Denver, Colorado

• Education: Columbia University; Harvard Law School; Oxford University
• Significance: President Donald J. Trump nominated Neil Gorsuch, a judge and lawyer, to replace the late Antonin Scalia as a justice on the US Supreme Court in 2017. The Senate confirmed the conservative Gorsuch in April 2017. Gorsuch previously worked as an attorney and was a judge on the US Court of Appeals for the Tenth Circuit in Denver, Colorado.

Background

Neil McGill Gorsuch was born on August 29, 1967, in Denver, Colorado. His father, David Gorsuch, was a lawyer, and his mother, Anne Gorsuch Burford, was a lawyer and the first woman appointed as the administrator of the US Environmental Protection Agency. The family moved to Washington, DC, following his mother's appointment. Gorsuch graduated from a private high school in Maryland. He then received a bachelor of arts degree in political science from Columbia University in New York City in 1988. While there, Gorsuch cofounded the Federalist Paper publication. The once-neutral political paper later became satirical in nature. Gorsuch earned his juris doctorate from Harvard Law School in Cambridge, Massachusetts, in 1991.

After graduating from Harvard, Gorsuch worked as a clerk for Judge David B. Sentelle of the US Court of Appeals for the District of Columbia Circuit until 1992. He then clerked for US Supreme Court justices Byron White and Anthony Kennedy. These roles prepared him for his later appointment to the US Supreme Court. In 1995, Gorsuch joined the Kellogg, Huber, Hansen, Todd, Evans & Figel law firm as an associate working on trials. He was made a partner in 1998. During his time working with the firm, Gorsuch received a doctor of philosophy from Oxford University in England in 2004. He left the firm the following year.

Life's Work

In 2005, Gorsuch began work for the US Department of Justice. He served as the principal deputy to the associate attorney general and as acting associate attorney general until 2006. The same year, he published the book The Future of Assisted Suicide and Euthanasia, in which he argued against state assisted-suicide laws. He had previously published a law journal article on the same subject in 2000.

In May 2006, President George W. Bush nominated Gorsuch as a judge on the US Court of Appeals for the Tenth Circuit in Colorado. The Senate confirmed his appointment in July, and he returned to his hometown with his family. He quickly became known for his conservative opinions that favored the originalist meaning of the text of the Constitution. When deciding cases, his interpretation of the law is literal; he believes he should follow the perspective of the original writers of the law. Gorsuch also tended to favor opinions that protected religious liberty and state policy over federal power.

One of his most notable cases during his tenure with the appeals court included Hobby Lobby Stores, Inc. v. Sebelius. In the case, Hobby Lobby, an arts and crafts chain store, challenged the Affordable Care Act's requirement to cover contraceptives for employees on the grounds of religious liberty. The company argued that it should not have to provide insurance-covered contraception since this was not in line with its religious values and beliefs.

The court of appeals heard the case in 2013, and it decided in Hobby Lobby's favor that the federal law did not require "closely held" for-profit companies to provide contraception coverage in their health insurance plans for employees. The Supreme Court later upheld this decision. Gorsuch later wrote an opinion of the Supreme Court's decision, stating that he would have included individual business owners in the ruling. Gorsuch remained on the court of appeals until 2017.

In January 2017, President Donald J. Trump nominated Gorsuch to fill the seat left vacant by the 2016 death of Justice Antonin Scalia on the US Supreme Court. Senate confirmation hearings were held from March 20 to 23. Not wanting another conservative on the bench, Senate minority leader Chuck Schumer called a Democratic filibuster to rebuke the nomination. On April 6, the Senate lowered the vote threshold on nominations, which ended the filibuster. The Senate confirmed Gorsuch the following day, and he was officially sworn in on April 10.

As expected, the new justice regularly sided with the other conservative justices on the court. He backed the president on his travel ban that barred people from Muslim-majority countries from traveling to the United States. Trump revised the ban several times, and the Supreme Court voted six to three in support of it. In 2018, the court heard cases on free speech, voting rights, employee rights, reproductive rights, and LGBTQ (lesbian, gay, bisexual, transgender, queer/questioning) rights; in most of these cases, Gorsuch's opinion aligned with those of his conservative colleagues. However, he has at times joined in the opinions of the four more liberal justices, particularly in cases relating to Native American rights. He had often dealt with such cases during his tenure on the appeals court, which encompassed the territories of seventy-six recognized Native tribes. In June 2022, Gorsuch helped form the majority opinion in Dobbs v. Jackson Women's Health Organization. This ruling determined there was no constitutional right to abortion, overturning Roe v. Wade (1973).

Impact

Gorsuch's lifetime appointment to the Supreme Court gave the court a conservative tilt. After he began his term, he became known for asking multiple questions while hearing cases and writing his own separate opinions after cases were decided. This is typically unheard of for a new justice, as new justices are expected to sit back and listen. Gorsuch also continued to uphold his literal interpretation of the law when deciding cases and to focus on protecting religious liberty.

Personal Life

Gorsuch is married to Marie Louise Gorsuch, and they have two daughters, Emma and Belinda. Future president Barack Obama was one of Gorsuch's classmates at Harvard Law School. Gorsuch enjoys outdoor sports such as fishing, hunting, and skiing.

Bibliography

Berenson, Tessa. "Neil Gorsuch Is Already Acting Like He's Been on the Supreme Court for Years." Time, 29 Sept. 2017, time.com/4961416/neil-gorsuch-supreme-court-term-controversy. Accessed 13 Oct. 2024.

Gerstein, Josh. "Neil Gorsuch: Who Is He? Bio, Facts, Background and Political Views." Politico, 31 Jan. 2017, www.politico.com/story/2017/01/who-is-neil-gorsuch-bio-facts-background-political-views-234437. Accessed 13 Oct. 2024.

Hurley, Lawrence. "Trump's Supreme Court Appointee Gorsuch Plots Rightward Course." Reuters, 20 Dec. 2017, www.reuters.com/article/us-usa-court-gorsuch/trumps-supreme-court-appointee-gorsuch-plots-rightward-course-idUSKBN1EE0IJ. Accessed 13 Oct. 2024.

Montanaro, Domenico, and Nina Totenberg. "Supreme Court Rules in Favor of Native American Rights in Wyoming Hunting Case." NPR, 20 May 2019, www.npr.org/2019/05/20/724987193/supreme-court-rules-in-favor-of-native-american-rights-in-wyoming-hunting-case. Accessed 13 Oct. 2024.

"Neil Gorsuch." Oyez, www.oyez.org/justices/neil‗gorsuch. Accessed 13 Oct. 2024.

"Neil Gorsuch Fast Facts." CNN, 1 Sept. 2017, www.cnn.com/2017/02/03/us/neil-gorsuch-fast-facts/index.html. Accessed 13 Oct. 2024.

Sullivan, Becky. "What Conservative Justices Said - and Didn't Say - About Roe at Their Confirmations." NPR, 24 June 2022, www.npr.org/2022/05/03/1096108319/roe-v-wade-alito-conservative-justices-confirmation-hearings. Accessed 13 Oct. 2024.

Vladeck, Steve. "Hobby Lobby and Executive Power: Gorsuch's Key Rulings." CNN, 1 Feb. 2017, www.cnn.com/2017/01/31/politics/hobby-lobby-executive-power-gorsuch-key-rulings. Accessed 13 Oct. 2024.