10 articles
Not too long before he was nominated to fill Justice Antonin Scalia’s seat on the Supreme Court, Judge Neil Gorsuch published two opinions – in the same case – staking out some genuinely heterodox positions on administrative law.
During his nearly 30 years on the Supreme Court, the late Justice Antonin Scalia was perhaps best known for his commitment to originalism – the idea that the Constitution should be interpreted as it would have been understood by the Founders.
In 2004, Neil Gorsuch was awarded a doctorate in legal philosophy by the University of Oxford, the British institution where he studied as a Marshall Scholar.
Separation of powers and federalism have many friends of convenience. Those opposed to the current policies of the party in charge of the federal government (or a particular branch of it) will often point to these doctrines as reasons to constrain the enforcement of policies with which they disagree.
Civil rights plaintiffs seeking a fifth vote on the Supreme Court did not typically look to Justice Antonin Scalia. His nominated replacement, Judge Neil Gorsuch, is unlikely to be on the top of civil rights plaintiffs’ list for a fifth vote either, based on a review of his decisions on the U.S. Court of Appeals for the 10th Circuit and other writings.
During the presidential campaign, then-candidate Donald Trump pledged to nominate Supreme Court justices who would vote to overturn Roe v. Wade, the landmark 1973 decision establishing the basic right to an abortion.
When Justice Antonin Scalia died on February 13, 2016, one of the petitions for review awaiting the Supreme Court’s consideration was an appeal by Dow Chemical Co., which had asked the court to review the billion-dollar judgment against the company in a price-fixing case.
Apart from the establishment clause, the Supreme Court has for the last decade taken a strong view of the First Amendment’s protections. Judge Neil Gorsuch’s decisions on the U.S. Court of Appeals for the 10th Circuit align with that trend.
Arbitration, which involves agreements between parties to settle disputes in a private forum rather than in court, might seem like a fairly dry area of the law.
There will never be another Antonin Scalia. When he died on February 13, 2016, the brilliant and pugnacious jurist left behind a legacy that included almost singlehandedly bringing originalism – the idea that the Constitution should be interpreted according to what it meant when it was adopted – to the forefront of legal debate, both at the Supreme Court and more broadly.