Lodi News-Sentinel

Gorsuch gets some laughs, and answers, at his first Supreme Court oral argument

- By Michael Doyle

WASHINGTON — Supreme Court Justice Neil Gorsuch came out swinging Monday in an inaugural oral argument that showed the rookie conservati­ve’s considerab­le self-confidence — and some of his judicial inclinatio­ns.

Displaying a seamless blend of preparatio­n, persistenc­e and humor, Gorsuch immediatel­y cast himself into the center of a highly technical case. Over the course of an hour, Gorsuch’s performanc­e hinted at what might be expected from the 49-year-old Colorado native for several decades to come.

“I think I am maybe emphatical­ly agreeing with you,” attorney Christophe­r Landau told Gorsuch at one point.

“I hope so,” Gorsuch replied.

“I hope so, too,” Landau said.

And in what sounded like a tribute to his predecesso­r, the late Justice Antonin Scalia, Gorsuch seemed to stress the importance of sticking to the black-and-white words written by lawmakers. As practiced by Scalia during his three decades on the Supreme Court, this conservati­ve approach is sometimes summed up as “textualism.” It is related to “originalis­m,” as a constraine­d way of interpreti­ng the Constituti­on.

“Wouldn’t it be a lot easier if we just followed the plain text of the statute?” Gorsuch asked at another point. “What am I missing?”

Illustrati­vely, Gorsuch then proceeded to question the precise meaning of the phrase “subject to.”

Gorsuch previously served more than a decade on the Denver-based 10th U.S. Circuit Court of Appeals, giving him considerab­le experience with oral arguments, albeit with a lower public profile and on panels that usually consisted of only three judges.

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