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11/22/2016

More on Supreme Court Nominees: Judge Neil Gorsuch
Michael Ramsey

At Notice and Comment, David Feder (a former Gorsuch clerk): The Administrative Law Originalism of Neil Gorsuch.  From the introduction:

What some may not know, however, is [Judge Gorsuch's] deep commitment to the original understanding of the constitution and the rule of law.  As Adam Feldman of Empirical SCOTUS puts it, “he regularly uses originalist principles in his decisions” and thus merits classification “as a heavy originalist based on the originalist indicators in his decisions.”  He not only faithfully applies originalist methodology but articulately explains why our constitutional design remains relevant—and critical—over two hundred years later.  If the President-elect’s goal is to replace Justice Scalia with someone who will carry the flag of originalism and teach it to the next generation through engaging opinions, public speeches (see, e.g., Law’s Irony and Of Lions and Bears, Judges and Legislators), and the honest hard work it requires, the choice is Judge Gorsuch.

I know the judge’s commitment to originalist principles first hand.  Whenever a constitutional issue came up in our cases, he sent one of his clerks on a deep dive through the historical sources.  “We need to get this right,” was the motto—and right meant “as originally understood.”  I can think of no one better to carry on Justice Scalia’s legacy and, in the words of Justice Thomas, “to stand firm in the defense of the constitutional principles and structure that secure our liberty.”

While Judge Gorsuch’s originalism is not confined to any one corner of the Constitution (Krueger, Carloss, Williams, to name a few other excellent opinions in other areas) some of his most impressive work has come in the arena of administrative law.  This post examines three of Judge Gorsuch’s recent and noteworthy administrative law opinions, with an eye toward the rigorous originalism that motivated them. ...

(Via How Appealing)

RELATED:  Josh Blackman's poll now has Gorsuch in first place, followed by Pryor, Kethledge, Sykes, and Stras.  (Justice Willett drops to seventh after a negative review from Andrew Hyman.  But there's this from the Texas Observer: Don Willett's Quiet Revolution: Social media's most famous judge is at the forefront of a conservative legal movement that's redefining what it means to be a judicial activist; And he's on Donald Trump's Supreme Court short list [also via How Appealing]).