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Judge Neil Gorsuch: Supreme Court Nominee

Gorsuch_getty_700-300x210 Judge Neil Gorsuch: Supreme Court Nominee

Follow the Senate committee hearings for the nomination of Judge Gorsuch to the Supreme Court.

Published Schedule:

Monday, March 20, 2017, 11:00 ET – Opening Statements WATCH

Tuesday, March 21, 2017, 9:30 am ET – Questions for Judge Gorsuch WATCH

Wednesday, March 22, 2017 – Questions for Judge Gorsuch WATCH

Thursday, March 23, 2017 – Outside Witnesses WATCH


Statement by First Liberty on Gorsuch Nomination

On January 31, 2017, President Donald Trump announced his nomination of Judge Neil Gorsuch to the U.S. Supreme Court.

Immediately following the announcement, Kelly Shackelford, President and CEO of First Liberty Institute, released the following statement praising Judge Gorsuch’s consistent record on religious liberty:

“As a candidate, President Trump promised to appoint pro-religious freedom judges to the Supreme Court,” Shackelford says. “With the nomination of Judge Neil Gorsuch, he took a positive step toward achieving that goal.”

“As a religious freedom law firm, we have one criterion for evaluating judicial candidates,” Shackelford continued. “We ask, ‘Does this candidate have a proven record of upholding the Constitution, especially as it relates to religious freedom?’ I am pleased to say that Judge Gorsuch has just such a record, authoring or joining multiple landmark opinions upholding religious freedom.”

“America needs Supreme Court justices who will uphold the Constitution and defend the religious liberty of every American,” Shackelford says. “I am hopeful that Judge Gorsuch will live up to President Trump’s and the American people’s expectations and strongly protect our constitutional freedoms.”

Gorsuch_getty_700-300x210 Judge Neil Gorsuch: Supreme Court NomineeBiography of Judge Neil Gorsuch

Judge Neil McGill Gorsuch was born in Denver, Colorado. He graduated high school from Georgetown Preparatory School, a Jesuit boarding school in the Roman Catholic Archdiocese outside of Washington, D.C. He received his Bachelor of Arts degree from Columbia University where he served as co-founder and first chief editor of a student publication, The Federalist Paper. As a junior, he received the Truman Scholarship award to attend law school.

Judge Gorsuch earned his law degree from Harvard Law School and clerked for Judge David Sentelle of the U.S. Court of Appeals for the D.C. Circuit and the Honorable Byron White and the Honorable Anthony Kennedy of the U.S. Supreme Court. Judge Gorsuch received his Doctorate of Legal Philosophy from Oxford University in 2004 where he studied as a Marshall Scholar.

Judge Gorsuch worked in private practice in Washington, D.C. before being nominated as Deputy Associate Attorney General at the U.S. Department of Justice. President George W. Bush nominated Gorsuch to the U.S. Court of Appeals for the Tenth Circuit in 2006. He was confirmed by unanimous voice vote in the U.S. Senate on July 20, 2006.

His first book, The Future of Assisted Suicide and Euthanasia, was published by Princeton University Press in 2006 and his co-authored book, The Law of Judicial Precedent, was published by Thomson West in 2016.

Bipartisan Support

On July 20, 2006, Judge Neil Gorsuch’s nomination to the U.S. Court of Appeals for the Tenth Circuit was confirmed by unanimous voice vote. The Denver Post reported that individual votes weren’t tallied because “the nomination wasn’t deemed controversial.”

At a Glance

Gorsuch_getty_700-300x210 Judge Neil Gorsuch: Supreme Court Nominee

 Scholastic Background

  • Received his Bachelor of Arts degree from Columbia University
  • Received his law degree from Harvard Law School
  • Received his Doctorate of Legal Philosophy from Oxford University
  • Authored The Future of Assisted Suicide and Euthanasia (2006) and co-authored The Law of Judicial Precedent (2016)

 Legal Background

  • Clerked for the Honorable Anthony Kennedy of the U.S. Supreme Court
  • Worked in private practice in Washington, D.C.
  • Served as Deputy Associate Attorney General at the U.S. Department of Justice (2005-2006)
  • Appointed to the U.S. Court of Appeals for the Tenth Circuit by President George W. Bush, where he has served from 2006 to the present

 Support of Nomination

  • The American Bar Association rated Gorsuch “Well Qualified,” which is the highest rating they give
  • The Heritage Foundation, the National Rifle Association, National Right to Life, and many others praised Gorsuch as a solid nominee for the Supreme Court
Listen to Kelly Shackelford on the Glenn Beck Show here. 

Gorsuch_getty_700-300x210 Judge Neil Gorsuch: Supreme Court Nominee


Summary of Judge Gorsuch’s Key Religious Freedom Cases

Some of the most notable religious freedom opinions Judge Gorsuch wrote or signed as a judge on the Tenth Circuit Court of Appeals include:

  • HHS Abortion Pill Mandate – Judge Gorsuch wrote and joined opinions supporting the rights of ministries and closely held family businesses to be free from the burden imposed by the HHS Abortion Pill Mandate (Hobby Lobby Stores, Inc. v. Sebelius (2013), Little Sisters of the Poor Home for the Aged v. Burwell (2015)).
  • Establishment Clause – Judge Gorsuch wrote or signed opinions upholding the constitutionality of the public display of Ten Commandments monuments (Summum v. Pleasant Grove City (2007), Green v. Haskell County Bd. of Cnty. Commissioners (2009)).
  • Monuments and Memorials – Judge Gorsuch wrote an opinion defending the existence of cross-shaped memorials for fallen state troopers (American Atheists, Inc. v. Davenport (2010)).

Analysis of Judge Gorsuch’s Key Religious Freedom Cases

Establishment Clause

Judge Gorsuch joined an opinion supporting the right of cities to choose which monuments to display. He disagreed with the majority’s decision not to review a case that required the government to display the Seven Aphorisms of Summum if it displayed a Ten Commandments monument. The dissent joined by Gorsuch argued that the government must be free to “make reasonable, content-based judgments regarding whether to allow the erection of privately-donated monuments in their parks.”

Judge Gorsuch wrote a dissent in support of a cross memorial dedicated to fallen state troopers. He disagreed with the majority’s decision not to review a case that misapplied the “reasonable observer” test. His opinion explains the problems that such misapplications cause in Establishment Clause cases. Gorsuch’s dissent also argues that erecting cross memorials does not “establish a religion or coerce anyone to participate in any religious exercise.”

Judge Gorsuch wrote an opinion in support of a Ten Commandments display. He disagreed with the majority’s decision not to review the case, arguing that the decision below misapplied Supreme Court precedent to strike down the display.

Religious Tolerance

In a concurring opinion supporting Hobby Lobby, Judge Gorsuch wrote that the Green family should not lose their individual religious rights merely because they run a company. The opinion also stated that the Religious Freedom Restoration Act protects even “unpopular religious beliefs,” and vindicates “this nation’s long-held aspiration to serve as a refuge of religious tolerance.”

Judge Gorsuch joined an opinion in support of the First Amendment rights of the Little Sisters of the Poor, a group of Roman Catholic nuns dedicated to serving the elderly. He disagreed with the majority’s decision not to review their case. He would hold that whenever the government imposes a significant penalty for refusing to do something prohibited by a person’s sincere religious beliefs, the government is substantially burdening that person’s religious beliefs.

Learn more about Gorsuch’s record and read responses to his nomination

A review of Gorsuch’s legal record on Religion, Criminal Law, Death Penalty, Dormant Commerce Clause, and Administrative Law.

A series on Gorsuch’s jurisprudence and views on various legal topics –including civil rights, abortion, religion, class actions, First Amendment jurisprudence – and how these might compare with Justice Scalia’s.

A detailed overview of Gorsuch’s personal life and legal career.  

The American Bar Association’s Standing Committee on the Federal Judiciary rated Gorsuch “Well Qualified,” which is the highest rating they give.

Statements of praise for Gorsuch from a wide variety of judges, editorial boards, political leaders, and interest groups.

“Gorsuch is an eminently qualified and well-respected judge with a record that demonstrates he cares about religious liberty, the separation of powers, and the original public meaning of the Constitution and the laws he interprets. He would be a fine successor to Scalia.”

“Judge Gorsuch’s embrace of originalism is a bulwark for our Second Amendment rights.”

“We are heartened that Judge Gorsuch appears to share Justice Scalia’s view that federal judges are constrained to enforce the text and original intent of constitutional provisions…”

“[Gorsuch is] a textualist and an originalist…in the vein of Antonin Scalia.”