preview

Neil Gorsuch Originalism

Decent Essays

Judge Neil Gorsuch is President Donald Trump's selection to fill the Supreme Court seat that was left open a year ago by the death of Justice Antonin Scalia. Gorsuch graduated from Columbia, Harvard and Oxford, was a clerk for two Supreme Court justices and worked for a period of time at the Department of Justice. He attended Harvard Law with former President of the United States Barack Obama. Gorsuch has served on the 10th Circuit Court of Appeals, in Colorado since 2006.
Gorsuch is a person who adheres strictly to a text, also known as a textualist. He supports the legal philosophy of “originalism,” which was made popular by the late Justice Antonin Scalia, whom Gorsuch would replace on the court. Originalism embraces the idea that the constitution …show more content…

Chuck Grassley, a republican senator from Iowa, first asked Gorsuch about the decision he was a part of that held that a school district didn’t have to pay an autistic student to go to a private school. Gorsuch said that the standard they based the decision on was set by the Supreme Court and additional precedents by the 10th Circuit. “The panel was applying settled circuit law and Supreme Court law,” Gorsuch said. Next, Dianne Feinstein, a democratic senator from California, questioned Gorsuch about the documents he wrote in the mid-2000s on aggressive interrogation techniques used by the Bush administration. She told Gorsuch that “knowing where you stand on major questions of the day is really important to the way Democrats will vote. That’s why we press and press and press,”. Furthermore, she raised the issue of assisted suicide and said he had made the statement that there’s no justification for having anything to do with encouraging the end of life. Continuing the line of questioning Senator Dick Durbin, a democrat from Illinois, then interrogated Gorsuch on the Williams v. Jones case that ruled that a defendant is prejudiced when his attorney’s deficient performance leads him to forego a plea deal and face a fair trial. Gorsuch said that the defendant had a “fair trial” and that he believes the 6th Amendment allows for a fair and free trial for everyone. …show more content…

Senator Heidi Heitkamp of North Dakota and Joe Manchin of West Virginia said they would join Republicans in support of the appellate court judge. "After doing my due diligence by meeting with Judge Gorsuch and reviewing his record and testimony before the Senate Judiciary Committee, I've decided to vote in favor of his confirmation," Heitkamp said in a statement. Manchin said in his statement that "I will vote to confirm him to be the ninth justice on the Supreme Court. Supreme Court jurists should have an extensive career in law, a record of upholding the Constitution in their rulings, an established judicial philosophy, and an appropriate temperament. Throughout Judge Gorsuch's career, he has come to his legal rulings objectively, through the letter of the law rather than through his own opinion.” Under current Senate rules, Gorsuch would need to be confirmed with 60 votes, but the threat of filibuster during Gorsuch’s confirmation hearing has led for Republicans, including Senator Lindsey Graham, to call on Majority Leader Mitch McConnell to invoke the "nuclear option" that would allow Gorsuch to be confirmed by a simple majority

Get Access
Get Access