Albuquerque Journal

Gorsuch has fulfilled hopes of conservati­ves

Newest Supreme Court justice has voted with court’s conservati­ve bloc

- BY MARK SHERMAN

WASHINGTON — More than 2,000 conservati­ves in tuxedos and gowns recently filled Union Station’s main hall for a steak dinner and the chance to cheer the man who saved the Supreme Court from liberal control.

Justice Neil Gorsuch didn’t disappoint them, just as he hasn’t in his first seven months on the Supreme Court.

“Tonight I can report that a person can be both a publicly committed originalis­t and textualist and be confirmed to the Supreme Court,” Gorsuch said to sustained applause from members of the Federalist Society, using terms by which conservati­ves often seek to distinguis­h themselves from more liberal judges.

The 50-year-old justice has been almost exactly what conservati­ves hoped for and liberals dreaded when he joined the court in April. He has consistent­ly, even aggressive­ly, lined up with the court’s most conservati­ve justices. He has even split with Chief Justice John Roberts, viewed by some as insufficie­ntly conservati­ve because of his two opinions upholding President Barack Obama’s health law.

During arguments, Gorsuch has asked repeatedly about the original understand­ing of parts of the Constituti­on and laws, and he has raised questions about some long-standing precedents, including the civil rights landmark ruling on “one person, one vote.

Liberals’ despair about Gorsuch goes beyond his judicial actions. He occupies a seat once held by Justice Antonin Scalia which they thought Obama would get to fill. But Senate Republican­s refused to consider Obama’s nominee, a strategy that paid off when Donald Trump unexpected­ly won the White House.

Early reviews of Gorsuch’s time on the court have varied with the ideologica­l bent of his reviewers.

While his confirmati­on was pending, the liberal Alliance for Justice worried that Gorsuch would often embrace the most conservati­ve outcome on the high court.

“Our concerns were confirmed,” said Nan Aron, the group’s president.

Some of Gorsuch’s choices of where to speak — with Senate Majority Mitch McConnell, R-Ky., at the Trump Internatio­nal Hotel and at the Federalist Society dinner — also have fed perception­s that rubbed his critics the wrong way.

The dinner, Aron said, “was just the latest stop on Neil Gorsuch’s thank you tour to honor the people who got him what should have been Merrick Garland’s job.” Garland, an appeals court judge, is the Obama nominee whom the Senate blocked.

“I think he could have done a better job certainly in the public appearance­s he chooses to make to sort of send the signal that he’s not a Republican justice, he’s a justice,” said Daniel Epps, a Washington University law professor who also co-hosts the Supreme Court-focused First Mondays podcast.

His co-host, Ian Samuel, said there has been “a hysterical overreacti­on” to Gorsuch’s questions in the courtroom. Samuel, a professor at Harvard Law School and former Scalia law clerk, said Gorsuch has an obvious interest in questions about accountabi­lity in the American system of government and control over the court system.

Leonard Leo, the Federalist Society executive vice president who has advised Trump on judicial picks, also took issue with Gorsuch’s critics when he introduced the justice at the dinner. “They mischaract­erize candor and a demand for rigorous analysis as polarizing,” Leo said.

Gorsuch made no apologies either for the substance of his questions and writing, or his style. He talked at length about the importance of seeking out the meaning of the Constituti­on and laws as they were understood when they written.

“Originalis­m has regained its place at the table of constituti­onal interpreta­tion, and textualism ... has triumphed. And neither one is going anywhere on my watch,” Gorsuch said.

 ?? SAIT SERKAN GURBUZ/ASSOCIATED PRESS ?? Supreme Court Associate Justice Neil Gorsuch speaks at a Federalist Society dinner Nov. 16 in Washington. Gorsuch reaffirmed his commitment to originalis­m and textualism before the friendly crowd.
SAIT SERKAN GURBUZ/ASSOCIATED PRESS Supreme Court Associate Justice Neil Gorsuch speaks at a Federalist Society dinner Nov. 16 in Washington. Gorsuch reaffirmed his commitment to originalis­m and textualism before the friendly crowd.

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