Neil Gorsuch Supreme Court nomination

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Judge Neil Gorsuch, his wife Louise,[1] and President Donald Trump during the announcement in the East Room of the White House.

After his nomination on January 31, 2017, Neil Gorsuch was confirmed by the Senate on April 7, 2017.[2] Gorsuch, age 49, is the youngest sitting Supreme Court justice since Clarence Thomas.[3] In February 2016, U.S. Supreme Court Associate Justice Antonin Scalia died, leaving a vacancy on the highest federal court in the United States. Article II of the U.S. Constitution requires the president to nominate justices to the Supreme Court, subject to the "advice and consent" of the United States Senate.[4] President Barack Obama, a Democrat, nominated Merrick Garland to fill the vacancy. U.S. Senate majority leader Mitch McConnell, a Republican, citing the fact that the presidential election cycle having already commenced made the appointment of the next justice a political issue to be decided by voters, refused to bring the Garland nomination to the Senate floor for a vote. McConnell's action held the Supreme Court vacancy open through the end of President Obama's tenure.

On January 31, 2017, newly-inaugurated President Donald Trump announced his selection of Judge Neil Gorsuch for the vacant position of Associate Justice, and transmitted this nomination to the Senate the following day. After hearings before the Senate Judiciary Committee, the nomination was sent to the Senate floor on April 4, 2017. When nominated, Gorsuch was serving as an active judge on the United States Court of Appeals for the Tenth Circuit, to which he had been appointed by President George W. Bush and confirmed without opposition in the Senate. Democratic Senators then proceeded to filibuster Gorsuch's nomination, after which Republicans invoked the "nuclear option", eliminating the filibuster with respect to Supreme Court nominees.[5] On April 7, 2017, the Senate confirmed Gorsuch's nomination to the Supreme Court with a bipartisan 54–45 vote, with three Democrats joining all the Republicans in attendance. Gorsuch took office in a private ceremony on April 7.[6] On April 17, 2017, Gorsuch heard his first case as the 101st associate justice of the Court.[7]

Background

Death of Justice Antonin Scalia

In 1986, President Ronald Reagan nominated then D.C. Circuit Judge Antonin Scalia to the Supreme Court to fill the associate justice vacancy caused by the retirement of Chief Justice Burger and the appointment as Chief Justice of then-Associate Justice William H. Rehnquist. Scalia was unanimously confirmed by the Senate and became a part of the court's conservative bloc, often supporting originalist and textualist positions.[8]

On February 13, 2016, Justice Scalia was found dead on a Texas ranch.[9][10] Scalia's death marked only the second time in sixty years that a Supreme Court justice had died in office, the other being Chief Justice Rehnquist in 2005.[11] Scalia's death was the seventh occasion since 1900 in which a seat on the Supreme Court of the United States was vacant during a year in which a presidential election was set to occur.[12]

One hour after Scalia’s death was confirmed, Senate Majority Leader Mitch McConnell (R-KY) announced that the Senate would not consider any replacement nominated by President Barack Obama.[13]

Nomination of Judge Merrick Garland

When Scalia died, President Barack Obama was a member of the Democratic Party, while the Republican Party held a 54–46 seat majority in the Senate.[14] Because of the composition of the Supreme Court at the time of Scalia's death, and the belief that President Obama could replace Scalia with a much more liberal successor, some believed that an Obama appointee could potentially swing the Court in a liberal direction for many years to come, with potentially far-reaching political consequences.[15] President Obama ultimately nominated Merrick Garland on March 16, 2016. The Republican-controlled Senate refused to consider Garland's nomination for 293 days, until it expired when the 114th Congress adjourned in January 2017.[16] The defeat of Garland's nomination left Scalia's seat vacant when President Trump took office in January 2017. Many Democrats reacted angrily to the Senate's refusal to consider Garland, with Senator Jeff Merkley (Democrat from Oregon) describing the vacant seat as a "stolen seat."[17] However, Republicans such as Iowa Senator Chuck Grassley argued that the Senate was within its rights to refuse to consider a nominee until the inauguration of a new president.[18]

Nomination

Candidates

During the 2016 presidential campaign, while Garland remained before the Senate, Trump released two lists of potential nominees. On May 18, 2016, Trump released a short list of eleven judges for nomination to the Scalia vacancy.[19]

In September 2016, Trump released a second list of ten possible nominees, this time including three minorities.[20] Both lists were assembled by the Federalist Society and the Heritage Foundation.[21] Leonard Leo of the Federalist Society played a major role in the creation of the second list, which included Gorsuch.[22] After winning the presidential election, Trump and White House Counsel Don McGahn interviewed four individuals for the Supreme Court opening, all of whom had appeared on one of the two previously-released lists.[21] The four individuals were federal appellate judges Thomas Hardiman, William H. Pryor Jr., and Neil Gorsuch, as well as federal district judge Amul Thapar.[21] All four had been appointed to the federal bench by President George W. Bush. While Pryor had been seen by many as the early front-runner due to the backing of Attorney General Jeff Sessions, many evangelicals expressed resistance to him, and the final decision ultimately came down to Gorsuch or Hardiman.[21] Hardiman had the support of Trump's sister, Judge Maryanne Trump Barry,[21] but Trump instead chose to nominate Gorsuch.[23]

Announcement

President Trump announced the nomination of Gorsuch on January 31, 2017. The nomination was formally transmitted to the Senate on February 1, 2017.[24] His nomination is now pending before the Senate Judiciary Committee. At age 49, Gorsuch would be the youngest sitting Supreme Court justice since Clarence Thomas. Having clerked for Anthony Kennedy, Gorsuch would also be the first Supreme Court Justice to have previously clerked for a Justice still sitting on the court.[25]

In July 2006, Gorsuch's nomination to the United States Court of Appeals for the Tenth Circuit had been confirmed in the Senate by a unanimous voice vote.[26] At the time of his nomination to the Supreme Court, Gorsuch was described as solidly conservative, but likely to be confirmed without much difficulty.[27][28][29] Richard Primus of Politico described Gorsuch as "Scalia 2.0" due to ideological similarities,[30] and a report prepared by Lee Epstein, Andrew Martin, and Kevin Quinn predicted that Gorsuch would be a "reliable conservative" similar to Scalia.[31]

Senate consideration

Committee

Gorsuch's nomination was first considered by the Senate Judiciary Committee, which holds hearings on all federal judicial nominations and decides whether or not to send nominations to the full Senate for a final confirmation vote.[32] The committee consists of 11 Republican Senators and 9 Democratic Senators, and is chaired by Republican Chuck Grassley (R-IA). In February 2017, the committee requested the Justice Department to send all documents they had regarding Gorsuch's work in the George W. Bush administration. As of March 9, 2017, the Justice Department had turned over more than 144,000 pages of documents and, according to a White House spokesman, more than 220,000 pages of documents in total had been sent to the committee.[33] Gorsuch's confirmation hearings started on March 20, 2017, and lasted four days.[34][35] On April 3, the Judiciary Committee approved Gorsuch by in an 11–9 in a party-line vote.[36][37]

Confirmation hearings

Judge Gorsuch testifies before the Senate Judiciary Committee on March 20, 2017.

On the first day of hearings, Senators largely used their opening statements to criticize each other, with Ranking Member Dianne Feinstein (D-CA) complaining of the “unprecedented treatment” of Judge Merrick Garland, while Colorado Senator Michael Bennet (D-CO) felt “two wrongs don't make a right”, with Senator Ted Cruz (R-TX) insisting President Trump's nomination now carried “super-legitimacy”.[38]

Democratic Senators repeatedly criticized Gorsuch for a case where the Tenth Circuit ruled in favor of a truck driver who had abandoned his trailer in inclement conditions, with Senator Dick Durbin (D-IL) telling Gorsuch the weather was “not as cold as your dissent”.[38] In his own 16-minute opening statement, Gorsuch repeated his belief that a judge who likes all his rulings is “probably a pretty bad judge”, and noted that his large record included many examples where he ruled both for and against disadvantaged groups.[38]

On the second day of hearings Gorsuch responded to questions by committee members. When Chairman Chuck Grassley (R-IA) asked Gorsuch if he would “have any trouble ruling against the president who appointed you”, Gorsuch replied, no, and “that’s a softball”.[39] Senator Cruz used his time to ask Gorsuch about The Hitchhiker's Guide to the Galaxy, basketball, and mutton busting.[39] When asked by Senator Lindsey Graham (R-SC) how he would have reacted if during his interview at Trump Tower the President had asked him to vote against Roe v. Wade, Gorsuch replied “I would have walked out the door”.[39]

Democratic Senators continued to criticize Gorsuch on his dissent in the case involving a truck driver, with Ranking Member Feinstein asking him “will you be for the little men” and Senator Al Franken (D-MN) telling the judge his position was “absurd”, going on to say “I had a career in identifying absurdity” (in reference to his former career as a comedian).[39] Senator Patrick Leahy (D-VT) used his time to praise Judge Garland, criticize those policies of President George W. Bush that Gorsuch had defended at the Justice Department, and to ask Gorsuch how he would rule in Washington v. Trump. He refused to comment on active litigation, explained that Justice Department lawyers must defend their client, but did say that Garland is “an outstanding judge” and that Gorsuch always reads his opinions with “special care”.[39]

On the third day of hearings Gorsuch continued to answer questions by committee members. Senator Orrin Hatch (R-UT) asked Gorsuch if “you think your writings reflect a knee-jerk attitude against common-sense regulations”, to which the judge replied “no”.[40] In response to Senator Sheldon Whitehouse (D-RI)'s question of if the judge would be subject to agency capture by big business, Gorsuch replied “nobody will capture me”.[41] Franken laughed out loud after Senator Jeff Flake (R-AZ) asked Gorsuch if he had ever served on a jury; Gorsuch said he had. Flake then asked Gorsuch if he would rather fight “100 duck-sized horses or one horse-size duck”, to which Gorsuch avoided giving a firm answer.[40]

Senator Amy Klobuchar (D-MN) told Gorsuch he employed only “selective originalism”.[clarification needed][41] He replied to a question by Ranking Member Feinstein on the Equal Protection Clause by saying, “no one is looking to return us to horse and buggy days” and that “it matters not a whit that some of the drafters of the Fourteenth Amendment were racists. Because they were. Or sexists, because they were. The law they drafted promises equal protection of the laws to all persons. That’s what they wrote.”[41]

During Wednesday's hearings, the Supreme Court unanimously reversed the Tenth Circuit in an Individuals with Disabilities Education Act case Gorsuch had not been involved in, although in 2008 he had written for a unanimous panel applying the same circuit precedent.[41] Still, Senate Minority Leader Charles Schumer (D-NY) said this demonstrated “a continued, troubling pattern of Judge Gorsuch deciding against everyday Americans - even children who require special assistance at school”.[41]

Confirmation Hearing Witnesses for Neil Gorsuch
Date Witnesses Role Notes
March 20 Michael Bennet, Senator (D-CO) Introducer, home state senator Testimony.[a]
Cory Gardner, Senator (R-CO) Introducer, home state senator Testimony.[b]
Neal Katyal, Former Acting Solicitor General (May 2010-June 2011) Introducer Testimony.[c]
Neil Gorsuch Nominee Testimony.[d]
March 21
March 22
March 23 Nancy Scott Degan, Chair, American Bar Association Standing Committee on the Federal Judiciary Congressional witness Testimony.[e]
Shannon Edwards, Member, American Bar Association Standing Committee on the Federal Judiciary Congressional witness
Deanell Reece Tacha, Pepperdine University School of Law Duane And Kelly Roberts Dean And Professor Of Law, U.S. Court Of Appeals Judge (Retired) Republican witness Testimony.[f]
Robert Harlan Henry, President of Oklahoma City University, U.S. Court Of Appeals Judge (Retired) Republican witness
John L. Kane Jr., United States federal judge, United States District Court for the District of Colorado Republican witness
Leah Bressack, former law clerk Republican witness Testimony.[g]
Elisa Massimino, President and CEO, Human Rights First Democratic witness Testimony.[h]
Jameel Jaffer, Executive Director, Columbia University/Knight First Amendment Institute Democratic witness Testimony.[i]
Jeff Perkins Democratic witness Testimony.[j]
Guerino J. Calemine, III, General Counsel, Communication Workers of America Democratic witness Testimony.[k]
Jeff Lamken, Partner, MoloLamken Republican witness Testimony.[l]
Lawrence Solum, Carmack Waterhouse Professor Of Law, Georgetown University Law Center Republican witness Testimony.[m]
Jonathan Turley, J.B. And Maurice C. Shapiro Professor Of Public Interest Law, The George Washington University Law School Republican witness Testimony.[n]
Karen Harned, Executive Director, National Federation Of Independent Business Small Business Legal Center Republican witness Testimony.[o]
Heather McGhee, President, Demos Democratic witness Testimony.[p]
Fatima Goss Graves, Senior Vice President For Program & President-Elect, National Women’s Law Center Democratic witness Testimony.[q]
Patrick Gallagher, Director, Sierra Club Environmental Law Program Democratic witness Testimony.[r]
Eve Hill, Partner, Brown Goldstein Levy Democratic witness Testimony.[s]
Peter Kirsanow, Commissioner, U.S. Commission On Civil Rights; Partner, Benesch, Friedlander, Coplan & Aronoff Republican witness Testimony.[t]
Alice Fisher, Partner, Latham & Watkins Republican witness Testimony.[u]
Hannah Smith, Senior Counsel, Becket Fund Republican witness Testimony.[v]
Timothy Meyer, former law clerk Republican witness Testimony.[w]
Jamil N. Jaffer, former law clerk Republican witness Testimony.[x]
Kristen Clarke, President & CEO, Lawyers Committee For Civil Rights Under Law Democratic witness Testimony.[y]
Sarah Warbelow, Legal Director, Human Rights Campaign Democratic witness Testimony.[z]
Amy Hagstrom Miller, President, CEO, & Founder, Whole Woman’s Health Democratic witness Testimony.[aa]
William Marshall, William Rand Kenan Jr. Distinguished Professor Of Law, University Of North Carolina Democratic witness Testimony.[ab]
Sandy Phillips Democratic witness Testimony.[ac]

Full Senate

Senate Majority Leader Mitch McConnell

Gorsuch needed to win a simple majority vote of the full Senate to be confirmed, but the opposition could prevent a vote through a filibuster, which required a 60-vote super-majority to be defeated. At the time of the Gorsuch nomination, Republicans held 52 seats in the 100-seat chamber, as well as the potential tie-breaking vote in Vice President Pence.[42] After nominating Gorsuch, President Trump called on the Senate to use the "nuclear option" and abolish the filibuster for Supreme Court appointments if its continued existence would prevent Gorsuch's confirmation.[43] (The nuclear option was used in 2013 to abolish filibusters for all presidential appointments except nominations to the Supreme Court.)

While some Republican Senators such as John McCain (R-AZ) expressed reluctance about abolishing the filibuster for executive appointments, others such as John Cornyn (R-TX) argued that the GOP majority should reserve all options necessary to confirm Gorsuch.[42] Other political commentators have proposed that GOP Senate leadership adopt a strategic use of Standing Rule XIX to avoid the elimination of the filibuster.[44][45]

During the last day of committee hearings, Senate Minority Leader Chuck Schumer (D-NY) announced from the Senate floor that he would filibuster the nomination.[46] Democratic opposition focused on complaints saying that Scalia's seat should have been filled by President Obama.[47][48] In addition, Democratic Senators Al Franken (D-MN), Bernie Sanders (D/I-VT), Elizabeth Warren (D-MA), and Kamala Harris (D-CA) criticized aspects of Gorsuch's record. Senator Jeff Merkley (D-OR) said he would do "anything in his power"—including the power of filibustering—to oppose Gorsuch's nomination.[49] Other Democratic Senators including Joe Manchin (D-WV),[50] Heidi Heitkamp (D-ND),[51] and Joe Donnelly (D-IN) support Gorsuch.[52]

Nuclear option

On April 6, 2017, Democrats filibustered (prevented cloture of) the confirmation vote of Gorsuch. The Senate Republicans invoked the so-called "nuclear option" and changed the Senate rules to end fillibusters for Supreme Court nominees. After the change to Senate rules, Senate Republicans along with four Senate Democrats (Joe Manchin (D-WV), Heidi Heitkamp (D-ND), Joe Donnelly (D-IN), and Michael Bennet (D-CO)) agreed to cloture. After the change, Gorsuch was confirmed on April 7.[5][53]

Confirmation vote

The swearing-in ceremony of Gorsuch on 10 April 2017, attended by President Donald Trump and Associate Justice Anthony Kennedy.

The Senate confirmed Gorsuch on April 7, 2017, by a vote of 54–45. All Senate Republicans present, along with Democratic Senators in states that voted heavily for Trump, Manchin (D-WV), Heitkamp (D-ND), and Donnelly (D-IN), voted to confirm Gorsuch.[54] Republican Georgia Senator Johnny Isakson was absent for the vote because he was recovering from back surgery.[55]

State Senator Party Vote
Tennessee Alexander, LamarLamar Alexander R Yea
Wisconsin Baldwin, TammyTammy Baldwin D Nay
Wyoming Barrasso, JohnJohn Barrasso R Yea
Colorado Bennet, MichaelMichael Bennet D Nay
Connecticut Blumenthal, RichardRichard Blumenthal D Nay
Missouri Blunt, RoyRoy Blunt R Yea
New Jersey Booker, CoryCory Booker D Nay
Arkansas Boozman, JohnJohn Boozman R Yea
Ohio Brown, SherrodSherrod Brown D Nay
North Carolina Burr, RichardRichard Burr R Yea
Washington Cantwell, MariaMaria Cantwell D Nay
West Virginia Moore Capito, ShelleyShelley Moore Capito R Yea
Maryland Cardin, BenBen Cardin D Nay
Delaware Carper, TomTom Carper D Nay
Pennsylvania Casey, BobBob Casey D Nay
Louisiana Cassidy, BillBill Cassidy R Yea
Mississippi Cochran, ThadThad Cochran R Yea
Maine Collins, SusanSusan Collins R Yea
Delaware Coons, ChrisChris Coons D Nay
Tennessee Corker, BobBob Corker R Yea
Texas Cornyn, JohnJohn Cornyn R Yea
Nevada Cortez Masto, CatherineCatherine Cortez Masto D Nay
Arkansas Cotton, TomTom Cotton R Yea
Idaho Crapo, MikeMike Crapo R Yea
Texas Cruz, TedTed Cruz R Yea
Montana Daines, SteveSteve Daines R Yea
Indiana Donnelly, JoeJoe Donnelly D Yea
Illinois Duckworth, TammyTammy Duckworth D Nay
Illinois Durbin, DickDick Durbin D Nay
Wyoming Enzi, MikeMike Enzi R Yea
Iowa Ernst, JoniJoni Ernst R Yea
California Feinstein, DianneDianne Feinstein D Nay
Nebraska Fischer, DebDeb Fischer R Yea
Arizona Flake, JeffJeff Flake R Yea
Minnesota Franken, AlAl Franken D Nay
Colorado Gardner, CoryCory Gardner R Yea
New York Gillibrand, KirstenKirsten Gillibrand D Nay
South Carolina Graham, LindseyLindsey Graham R Yea
Iowa Grassley, ChuckChuck Grassley R Yea
California Harris, KamalaKamala Harris D Nay
New Hampshire Hassan, MaggieMaggie Hassan D Nay
Utah Hatch, OrrinOrrin Hatch R Yea
New Mexico Heinrich, MartinMartin Heinrich D Nay
North Dakota Heitkamp, HeidiHeidi Heitkamp D Yea
Nevada Heller, DeanDean Heller R Yea
Hawaii Hirono, MazieMazie Hirono D Nay
North Dakota Hoeven, JohnJohn Hoeven R Yea
Oklahoma Inhofe, JimJim Inhofe R Yea
Georgia Isakson, JohnnyJohnny Isakson R Not Voting
Wisconsin Johnson, RonRon Johnson R Yea
Virginia Kaine, TimTim Kaine D Nay
Louisiana Neely Kennedy, JohnJohn Neely Kennedy R Yea
Maine King, AngusAngus King Ind. Nay
Minnesota Klobuchar, AmyAmy Klobuchar D Nay
Oklahoma Lankford, JamesJames Lankford R Yea
Vermont Leahy, PatrickPatrick Leahy D Nay
Utah Lee, MikeMike Lee R Yea
West Virginia Manchin, JoeJoe Manchin D Yea
Massachusetts Markey, EdEd Markey D Nay
Arizona McCain, JohnJohn McCain R Yea
Missouri McCaskill, ClaireClaire McCaskill D Nay
Kentucky McConnell, MitchMitch McConnell R Yea
New Jersey Menendez, BobBob Menendez D Nay
Oregon Merkley, JeffJeff Merkley D Nay
Kansas Moran, JerryJerry Moran R Yea
Alaska Murkowski, LisaLisa Murkowski R Yea
Connecticut Murphy, ChrisChris Murphy D Nay
Washington Murray, PattyPatty Murray D Nay
Florida Nelson, BillBill Nelson D Nay
Kentucky Paul, RandRand Paul R Yea
Georgia Perdue, DavidDavid Perdue R Yea
Michigan Peters, GaryGary Peters D Nay
Ohio Portman, RobRob Portman R Yea
Rhode Island Reed, JackJack Reed D Nay
Idaho Risch, JimJim Risch R Yea
Kansas Roberts, PatPat Roberts R Yea
South Dakota Rounds, MikeMike Rounds R Yea
Florida Rubio, MarcoMarco Rubio R Yea
Vermont Sanders, BernieBernie Sanders Ind. Nay
Nebraska Sasse, BenBen Sasse R Yea
Hawaii Schatz, BrianBrian Schatz D Nay
New York Schumer, ChuckChuck Schumer D Nay
South Carolina Scott, TimTim Scott R Yea
New Hampshire Shaheen, JeanneJeanne Shaheen D Nay
Alabama Shelby, RichardRichard Shelby R Yea
Michigan Stabenow, DebbieDebbie Stabenow D Nay
Alabama Strange, LutherLuther Strange R Yea
Alaska Sullivan, DanDan Sullivan R Yea
Montana Tester, JonJon Tester D Nay
South Dakota Thune, JohnJohn Thune R Yea
North Carolina Tillis, ThomThom Tillis R Yea
Pennsylvania Toomey, PatPat Toomey R Yea
New Mexico Udall, TomTom Udall D Nay
Maryland Van Hollen, ChrisChris Van Hollen D Nay
Virginia Warner, MarkMark Warner D Nay
Massachusetts Warren, ElizabethElizabeth Warren D Nay
Rhode Island Whitehouse, SheldonSheldon Whitehouse D Nay
Mississippi Wicker, RogerRoger Wicker R Yea
Oregon Wyden, RonRon Wyden D Nay
Indiana Young, ToddTodd Young R Yea
  vote by party[56] D
R
Ind.
3–43
51–0
0–2

Responses from organizations and notable persons

Protests at the U.S. Supreme Court occurred following Gorsuch's nomination.

Norm Eisen, who was named by Obama to be Special Counsel for Ethics and Government Reform in the White House and Ambassador to the Czech Republic, has endorsed Gorsuch.[57] Eisen was a classmate of both Gorsuch and Obama at Harvard Law.[57] Neal Katyal, who served as Acting Solicitor General of the United States during the Obama Administration and who is currently a law professor at Georgetown University Law Center, endorsed Gorsuch for approval to the Supreme Court.[58]

The National Rifle Association, the National Shooting Sports Foundation, the Second Amendment Foundation and other gun rights groups endorsed Gorsuch,[59][60][61] while Americans for Responsible Solutions, the Law Center to Prevent Gun Violence and other gun control proponents have opposed his nomination.[62][63] House Minority Leader Nancy Pelosi (D-CA) claimed Gorsuch "comes down on the side of felons over gun safety". Politifact called her statement misleading and said that Gorsuch's past rulings do not "demonstrate that he thinks more felons should be allowed guns than what is already permitted under the law".[64]

The American Civil Liberties Union raised concerns about Gorsuch's respect for disability rights.[65] The Secular Coalition for America, Freedom from Religion Foundation and Union for Reform Judaism all voiced concerns with Gorsuch's nomination.[66]

On April 4, 2017, Politico reported that Rebecca Moore Howard, a Syracuse University professor, accused Gorsuch of plagiarism.[67][68][69] Oxford University Emeritus Professor John Finnis, who supervised Gorsuch's dissertation at Oxford, disagreed and stated, "The allegation is entirely without foundation. The book is meticulous in its citation of primary sources. The allegation that the book is guilty of plagiarism because it does not cite secondary sources which draw on those same primary sources is, frankly, absurd."[67] Abigail Lawlis Kuzma, the supposed victim of the plagiarism and who is Indiana's deputy attorney general, has supported Gorsuch by saying, "I have reviewed both passages and do not see an issue here, even though the language is similar. These passages are factual, not analytical in nature, framing both the technical legal and medical circumstances of the 'Baby/Infant Doe' case that occurred in 1982."[67][68]

See also

Notes

  1. ^ Congressional hearings, Senator Bennet.
  2. ^ Congressional hearings, Senator Gardner.
  3. ^ Congressional hearings, Acting AG Katyal.
  4. ^ Congressional hearings, Judge Gorsuch.
  5. ^ Congressional hearings, ABA.
  6. ^ Congressional hearings, Hon. Tacha (Ret.).
  7. ^ Congressional hearings, Leah Bressack.
  8. ^ Congressional hearings, Elisa Massimino.
  9. ^ Congressional hearings, Jameel Jaffer.
  10. ^ Congressional hearings, Jeff Perkins.
  11. ^ Congressional hearings, Guerino Calemine.
  12. ^ Congressional hearings, Jeff Lamken.
  13. ^ Congressional hearings, Lawrence Solum.
  14. ^ Congressional hearings, Jonathan Turley.
  15. ^ Congressional hearings, Karen Harned.
  16. ^ Congressional hearings, Heather McGhee.
  17. ^ Congressional hearings, Fatima Goss Graves.
  18. ^ Congressional hearings, Patrick Gallagher.
  19. ^ Congressional hearings, Eve Hill.
  20. ^ Congressional hearings, Peter Kirsanow.
  21. ^ Congressional hearings, Alice Fisher.
  22. ^ Congressional hearings, Hannah Smith.
  23. ^ Congressional hearings, Timothy Meyer.
  24. ^ Congressional hearings, Jamil N. Jaffer.
  25. ^ Congressional hearings, Kristen Clarke.
  26. ^ Congressional hearings, Sarah Warbelow.
  27. ^ Congressional hearings, Amy Hagstrom Miller.
  28. ^ Congressional hearings, William Marshall.
  29. ^ Congressional hearings, Sandy Phillips

References

  1. ^ McBride, Jessica (January 31, 2017). "Louise Gorsuch, Neil Gorsuch's Wife: 5 Fast Facts You Need to Know". Retrieved February 2, 2017. 
  2. ^ "How Senators Voted on the Gorsuch Confirmation". 
  3. ^ VerBruggen, Robert (February 6, 2017). "Boring Neil Gorsuch". The American Conservative. Washington, DC: Jon Basil Utley. Retrieved February 6, 2017. 
  4. ^ Denniston, Lyle (February 14, 2016). "Is a recess appointment to the Court an option?". SCOTUS Blog. Retrieved February 16, 2016. 
  5. ^ a b Killough, Ashley. "GOP triggers nuclear option on Neil Gorsuch nomination - CNNPolitics.com". Cnn.com. Retrieved 2017-04-07. 
  6. ^ Totenberg, Nina (April 7, 2017). "Senate Confirms Gorsuch To Supreme Court". NPR. Retrieved April 7, 2017. 
  7. ^ Liptak, Adam (April 17, 2017). "Bitter Fight Behind Him, Justice Gorsuch Starts Day With Relish" – via NYTimes.com. 
  8. ^ Toobin, Jeffrey (2012), "Lawyers, guns, and money", in Toobin, Jeffrey, The oath: the Obama White House and the Supreme Court, New York: Doubleday, pp. 111–12, ISBN 9780385527200  Details.
  9. ^ Liptak, Alan (February 13, 2016), "Justice Antonin Scalia, Who Led a Conservative Renaissance on the Supreme Court, Is Dead at 79", The New York Times, retrieved February 18, 2016 
  10. ^ Hennessy-Fiske, Molly (February 14, 2016). "Scalia's last moments on a Texas ranch — quail hunting to being found in 'perfect repose'". Los Angeles Times. Retrieved February 18, 2016. 
  11. ^ Gresko, Jessica (February 14, 2016). "Scalia's death in office a rarity for modern Supreme Court". Associated Press. Retrieved February 15, 2016. 
  12. ^ Howe, Amy (February 13, 2016). "Supreme Court vacancies in presidential election years". SCOTUSblog. Retrieved February 18, 2016. 
  13. ^ Burgess Everett; Glenn Thrush (13 February 2016). "McConnell throws down the gauntlet: No Scalia replacement under Obama". Politico. Retrieved 8 April 2017. 
  14. ^ Lee, Timothy B. (February 13, 2016). "The coming fight to replace Justice Scalia, explained". Vox. Retrieved February 16, 2016. 
  15. ^ Helmore, Edward (February 14, 2016). "Republicans and Democrats draw battle lines over supreme court nomination". The Guardian. ISSN 0261-3077. Retrieved February 15, 2016. 
  16. ^ Jess Bravin, President Obama’s Supreme Court Nomination of Merrick Garland Expires, Wall Street Journal (January 3, 2017).
  17. ^ Calfas, Jennifer (January 31, 2017). "Merkley vows to fight Trump's nominee to fill 'stolen' Supreme Court". The Hill. Retrieved February 2, 2017. 
  18. ^ Everett, Burgess (October 27, 2016). "Republicans at war over Supreme Court". Politico. Retrieved February 2, 2017. 
  19. ^ Alan Rappeport, Charlie Savage (May 18, 2016). "Donald Trump Releases List of Possible Supreme Court Picks". The New York Times. Archived from the original on July 22, 2016. 
  20. ^ Reena Flores, Major Garrett (September 23, 2016). "Donald Trump expands list of possible Supreme Court picks". CBS News. Retrieved November 13, 2016. 
  21. ^ a b c d e Goldmacher, Shane; Johnson, Eliana; Gerstein, Josh (January 31, 2017). "How Trump got to yes on Gorsuch". Politico. Retrieved February 1, 2017. 
  22. ^ Eric Lipton; Jeremy W. Peters (19 March 2017). "In Gorsuch, Conservative Activist Sees Test Case for Reshaping the Judiciary". The New York Times. p. A1. Retrieved 8 April 2017. 
  23. ^ Jackson, David (February 1, 2017). "Why Trump chose Neil Gorsuch as his Supreme Court nominee". USA Today. Retrieved February 2, 2017. 
  24. ^ "Congressional Record". 
  25. ^ Enten, Harry (February 1, 2017). "Trump Picks Super Conservative, Super Qualified Neil Gorsuch For The Supreme Court". FiveThirtyEight. Retrieved February 1, 2017. 
  26. ^ Pres. Nom. 1565, 109th Cong. (2006).
  27. ^ "Trump chooses Neil Gorsuch, a conservative seen as likely to be confirmed, for Supreme Court". LA Times. Retrieved February 1, 2017. 
  28. ^ Enten, Harry. "How Conservative A Supreme Court Nominee Can Trump Get Through The Senate?". FiveThirtyEight. Retrieved February 1, 2017. 
  29. ^ Konnikova, Maria. "The 4 Rules That Will Explain Neil Gorsuch's Confirmation Fight". Politico.com. Retrieved February 1, 2017. 
  30. ^ Primus, Richard (January 31, 2017). "Trump Picks Scalia 2.0". Politico. Retrieved February 2, 2017. 
  31. ^ Parlapano, Alicia; Yourish, Karen (February 1, 2017). "Where Neil Gorsuch Would Fit on the Supreme Court". New York Times. Retrieved February 2, 2017. 
  32. ^ Cowan, Richard (February 1, 2017). "Senate Judiciary Democrat says panel should hold hearings for Gorsuch". Reuters. Retrieved February 2, 2017. 
  33. ^ Kim, Seung Min (March 9, 2017). "DOJ sends 144,000 pages of Gorsuch documents to Senate". Politico. Retrieved March 14, 2017. 
  34. ^ Kim, Seung Min (February 16, 2017). "Gorsuch confirmation hearing set for March 20". Politico. 
  35. ^ "United States Senate Committee on the Judiciary". www.judiciary.senate.gov. Retrieved March 21, 2017. 
  36. ^ Flegenheimer, Matt (April 3, 2017). "Senate Judiciary Committee Approves Gorsuch in Party-Line Vote". The New York Times. Retrieved April 4, 2017. 
  37. ^ Berenson, Tessa (April 3, 2017). "Senate Judiciary Committee Just Approved Neil Gorsuch's Nomination". Time. Retrieved April 4, 2017. 
  38. ^ a b c Matt Flegenheimer (March 21, 2017). "Gorsuch Tries to Put Himself Above Politics in Confirmation Hearing". The New York Times. p. A20. Retrieved March 23, 2017. 
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External links

  • President Trump's Nominee for the Supreme Court Neil M. Gorsuch. The White House
  • President Trump Announces Supreme Court of the United States Nominee on YouTube
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