On January 31, 2017, President Donald Trump announced that he would nominate Judge Neil M. Gorsuch, of the U.S. Court of Appeals for the Tenth Circuit, for the U.S. Supreme Court. If confirmed, Judge Gorsuch would take up the seat vacated by the late Justice Antonin Scalia, who died last year.
Here’s what you might want to know about Judge Gorsuch:
- Judicial Service: He currently serves as a judge on the U.S. Court of Appeals for the Tenth Circuit. He was nominated for that position by George W. Bush on May 10, 2006, to fill a seat vacated by David M. Ebel. Judge Gorsuch was confirmed by the Senate on July 20, 2006, and received commission on August 8, 2006.
- Education: Judge Gorsuch received his B.A. from Columbia University in 1988, his J.D. from Harvard Law School in 1991, and his D.Phil from Oxford University in 2004.
Judge Gorsuch has held the following professional positions:
- Law clerk, Hon. David B. Sentelle, U. S. Court of Appeals for the District of Columbia Circuit, 1991-1992
- Law clerk, Hon. Byron R. White and Anthony M. Kennedy, Supreme Court of the United States, 1993-1994
- Private practice, 1995-2005
- Principal deputy to the associate attorney general and acting associate attorney general, U.S. Department of Justice, 2005-2006
Source: Federal Judicial Center
Notable Opinions by Judge Gorsuch
Following are some of the notable opinions Judge Gorsuch authored or joined during his tenure as a federal appellate judge:
Hobby Lobby Stores, Inc. v. Sebelius (Judge Gorsuch joined the majority holding that Hobby Lobby and Mardel were entitled to bring their claims under the Religious Freedom Restoration Act [RFRA] and that their rights were likely substantially burdened by the contraceptive-coverage requirement of the Affordable Care Act [ACA]; Judge Gorsuch wrote separately to articulate the moral dilemma the family-owned Hobby Lobby faced by the ACA’s requirements)
United States v. Games-Perez (Judge Gorsuch concurred the majority holding that a defendant’s lack of knowledge that he was a felon did not preclude his violation of a criminal statute prohibiting felons from possessing firearms; Judge Gorsuch wrote an opinion concurring in the judgment of the majority due to the principle of stare decisis but arguing that the precedent was incorrect)
Gutierrez-Brizuela v. Lynch (Judge Gorsuch authored the majority opinion criticizing yet holding that agencies exercising delegated legislative power can effectively overrule judicial precedents; however, those decisions do not apply retroactively to conduct completed before they take legal effect)
Hammond v. Stamps.com (Judge Gorsuch authored the majority opinion using the plain language of a statute to find the court had federal jurisdiction over the case)
NLRB v. Community Health Services (Judge Gorsuch dissented from the majority opinion which deferred to the NLRB’s calculation of backpay damages; in his dissent, Judge Gorsuch argued that the backpay award was excessive and beyond the Board’s remedial powers)
Tenth Circuit Opinions Authored by Judge Gorsuch
In chronological order:
- Cortez vs. McCauley (Concurring in Part and Dissenting in Part)
- Zamora vs. Elite Logistics (Concurrence)
- Wilson v. Workman (Dissent)
- Hanson v. Wyatt (Concurrence)
- Orr, et al v. City of Albuquerque, et al (Majority)
- Fisher, et al v. City of Las Cruces, et al (Concurrence)
- United States v. Hinckley (Concurrence)
- Prost v. Wiley (Majority)
- McClendon, et al v. City of Albuquerque, et al (Majority)
- Kerns, et al v. Bader, et al (Majority)
- United States of America v. Nazar (Majority)
- Flitton v. Primary Residential Mortgage (Concurring in Part and Dissenting in Part)
- Johnson, et al v. Liberty Mutual Fire Insur. Co. (Majority)
- Stine v. Davi (Majority)
- Bustos v. A&E Television Networks, et al (Majority)
- Sherer, et al v. United States Forest Service, et al (Majority)
- United States v. Armendariz Soto (Majority)
- Dwight Almond, III, et al v. USD (Majority)
- United States v. Manatau (Majority)
- Lee, et al v. Max International (Majority)
- Winzler v. Toyota Motor Sales U.S.A., Inc (Majority)
- Lopez-Fisher v. Abbott Laboratorie (Majority)
- United States v. Seal (Majority)
- Banks v. Workman (Majority)
- United States v. Koch (Majority)
- Raley v. Hyundai Motor Company, Ltd., et al (Majority)
- Kay Electric, et al v. City of Newkirk, OK, et al (Majority)
- Bork v. Carroll, et al (Majority)
- United States v. Ludwig (Majority)
- United States v. Fraser (Majority)
- United States v. Hernandez (Majority)
- TW Telecom Holdings Inc. v. Carolina Internet Ltd. (Majority)
- United States v. Shippley (Majority)
- Stewart Title v. Dude, et al (Majority)
- SECSYS, LLC v. Vigil, et al (Majority)
- United States v. Rochin (Majority)
- George v. United States, et al (Majority)
- United States v. Christie (Majority)
- Carrera v. Tyson Foods, Inc., et al (Majority)
- Woolsey, et al v. Citibank, N.A. (Majority)
- Cinnamon Hills Youth Crisis v. Saint George City (Majority)
- Cook v. Central Utah Correctional, et al (Majority)
- Grant v. Workman (Majority)
- Elwell v. Bd. of Regents Univ. of Okla. (Majority)
- Western World Ins. Company v. Markel American Ins. Company (Majority)
- United States v. Huizar (Majority)
- Jensen, et al v. Solvay Chemicals, Inc., et al (Majority)
- Montano-Vega v. Holder (Majority)
- Genova v. Banner Health, et al (Majority)
- Blackmon v. Sutton, et al (Majority)
- Novell v. Microsoft Corporation (Majority)
- StorageCraft Tech. Corp. v. Kirby (Majority)
- Fletcher, et al v. United States, et al (Majority)
- Roberts v. IBM (Majority)
- United States v. Harri (Majority)
- Hobby Lobby Stores, et al v. Sebelius, et al (Concurrence)
- Yellowbear, Jr. v. Lampert, et al (Majority)
- United States v. Baldwin (Majority)
- United States v. Spaulding (Dissent)
- Energy & Environment Legal v. Epel (Majority)
- Espinoza v. Arkansas Valley Adventures (Majority)
- Browder v. City of Albuquerque (Majority)
- Cordova v. City of Albuquerque (Concurrence)
- A.F. v. Espanola Public Schools (Majority)
- Walton v. NM State Land Office (Majority)
- United States v. Krueger (Concurrence)
- Caring Hearts v. Burwell (Majority)
- United States v. Ackerman (Majority)
- Loveridge v. Hall (Majority)
- Ute Indian Tribe v. State of Utah (Majority)
- United States v. Makkar (Majority)
- Eizember v. Trammell (Majority)
- De Niz Robles v. Lynch (Majority)
- Gutierrez-Brizuela v. Lynch (Majority and Concurrence)
- Entek GRB v. Stull Ranches (Majority)
- In re: Feinberg (Majority)
- El Encanto, Inc. v. Hatch Chile Company, Inc. (Majority)
- Ute Indian Tribe of the Uintah v. Myton (Majority)
- United States v. Henry (Majority)
- Lexington Insurance v. Precision Drilling (Majority)
- Mc Neill v. United States (Majority)
- Hammond v. Stamps.com (Majority)
Other Resources
Judge Gorsuch’s 10th Circuit Confirmation Hearing Transcript
Ballotpedia – Neil Gorsuch