Coverage of and commentary on Judge Gorsuch
on Mar 17, 2017 at 3:20 pm
Over the course of the past two weeks, this blog has published a series on Judge Neil Gorsuch’s jurisprudence in various areas. In addition to that coverage, we thought it might be helpful to offer a selection of additional articles that shed light on Gorsuch’s record and background. We include articles to illustrate Gorsuch’s thinking, opinions or personality, not to endorse the views of the authors.
Areas of law
First, we include ten links that discuss aspects of Gorsuch’s jurisprudence. Stanford Law School has also produced a helpful collection of essays on 12 subjects.
Chevron deference/administrative law:
“How Neil Gorsuch could rein in regulators like the EPA and the FCC,” by Timothy Lee, published by Vox on February 2, 2017
Alternative dispute resolution:
“Gorsuch on Arbitration” and “Gorsuch on Mediation,” by Russ Bleemer, published by CPR Speaks on February 1, 2017
Labor law and employment discrimination:
“The Supreme Court Vacancy and Labor: Neil Gorsuch,” by Hannah Belitz, published by OnLabor on January 31, 2017
White-collar crime:
“Judge Gorsuch, White Collar Crime, and the Legacy of Justice Scalia,” by Randall Eliason, published by Sidebars on February 9, 2017
Assisted suicide, euthanasia and abortion:
“I read Supreme Court nominee Neil Gorsuch’s book. It’s very revealing.,” by Dylan Matthews, published by Vox on February 9, 2017
Environmental issues:
“Predicting How Neil Gorsuch Would Rule on Environmental Issues,” by Ann Carlson, published by Legal Planet on January 31, 2017
Religion:
“Like a prayer: A church-state case may be an early test for Neil Gorsuch,” by Steven Mazie, published by The Economist on February 21, 2017
Education law:
“Gorsuch, the Judicious Judge,” by Clint Bolick, published by EducationNext in Vol. 17, No. 3
National security and immigration:
“Neil Gorsuch on National Security Law,” by Helen Klein Murillo, Yishai Schwartz and Clara Spera, publishd by LawFare on February 1, 2017
Empirical studies of ideology
Much of the analysis of Gorsuch’s jurisprudence has focused on a close reading of his opinions. Some scholars, however, have taken a more statistically based, empirical approach, both to compare Gorsuch to Scalia and to predict how he may rule if confirmed. Interestingly, they have not all reached the same conclusions. For instance, Adam Feldman finds “hints of a possible centrist,” while Ryan Black and Ryan Owens suggest Gorsuch “could be the most conservative justice on the Supreme Court.”
“Searching for Justice Scalia: Measuring the ‘Scalia’ness’ of the Next Potential Member of the U.S. Supreme Court,” by Jeremy Kidd, Riddhi Sohan Dasgupta, Ryan Walters and James Cleith Phillips, posted on SSRN on November 30, 2016
* Cristian Farias covers this study as well for The Huffington Post.
“Judge Gorsuch by the Numbers and Decisions,” by Adam Feldman, published by Empirical SCOTUS on February 1, 2017
“Estimating the Policy Preferences of Judge Neil M. Gorsuch,” by Ryan Black and Ryan Owens, posted on SSRN on February 11, 2017
* The authors cover their study as well for The Washington Post.
“Scaling Judge Gorsuch’s Opinions: Hints of a Possible Centrist,” by Adam Feldman, published by Empirical SCOTUS on February 14, 2017
Background and judicial philosophy
In addition to surveying Gorsuch’s record as a judge, reporters and commentators have also explored his background and beliefs.
Background:
“In Fall of Gorsuch’s Mother, a Painful Lesson in Politicking,” by Adam Liptak, Peter Baker, Nicholas Fandos and Julie Turkewitz, published by The New York Times on February 4, 2017
“A Jeffersonian for the Supreme Court,” by Jeffrey Rosen, published by The Atlantic on February 1, 2017
“Gorsuch Has Strong Tie to Proponent of Morality-Based ‘Natural Law’,” by Jess Bravin, published by The Wall Street Journal on March 15, 2017
Originalism:
“Trump’s Supreme Court Pick Is A Disciple Of Scalia’s ‘Originalist’ Crusade,” by Lauren Russell and Nina Totenberg, published by NPR on February 2, 2017
“Neil Gorsuch: A Worthy Heir to Scalia,” by Ramesh Ponnuru, published by National Review on January 31, 2017
Justice Department record:
“Colorado’s Neil Gorsuch carries the weight of Washington,” by Richard Wolf, published by USA Today on March 10, 2017
“Neil Gorsuch Helped Defend Disputed Bush-Era Terror Policies,” by Charlie Savage, published by The New York Times on March 15, 2017
Gorsuch’s writing:
“Judge Gorsuch is a gifted writer. He’s a great writer. But is he a ‘Great Writer’?”, “Part One: Four Gifts” and “Part Two: Five weak spots,” by Ross Guberman, published on his eponymous blog on February 7 and February 14, 2017, respectively
