Gorsuch gets laughs, answers, at his first oral argument
Self confidence, active engagement noted by observers
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 49year-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-andwhite 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.
Although the Supreme Court does not allow television cameras, several dozen reporters were present to see how Gorsuch fit into the court, which had been shorthanded for more than 14 months following Scalia’s death.
For Gorsuch, beyond the merits of the individual cases, the three oral arguments Monday were an opportunity to showcase his active engagement and civil, nonthreatening demeanor.
Although Gorsuch has been on the Supreme Court since being sworn in last Monday, the oral argument in the otherwise-forgettable case called Perry v. Merit Systems Protection Board made history, as it was his first as an associate justice.
He did not actively participate with the other eight justices in a private conference convened Thursday to review possible cases.
Precisely at 10 a.m. Monday, Gorsuch joined his new colleagues in appearing from behind the regal burgundy curtains to take his seat.
Members of the audience saw him sitting on the far right, next to his ideological opposite, the liberal Justice Sonia Sotomayor.
He smiled as Chief Justice John Roberts Jr. briefly welcomed him and wished him “a long and happy career in our common calling.”