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03/14/2017

SCOTUSblog Symposium on Judge Gorsuch
Michael Ramsey

At SCOTUSblog, an ongoing symposium on "Judge Neil Gorsuch's jurisprudence and views on various legal topics, and how these might compare with Justice Antonin Scalia's."  Here are the contributions so far:

Gorsuch on abortion, religion and reproductive rights, by Amy Howe

A closer look at Judge Neil Gorsuch and class actions,  by Amy Howe

Judge Gorsuch’s First Amendment jurisprudence, by Tejinder Singh

Judge Gorsuch’s arbitration jurisprudence, by Edith Roberts

Introduction: A close look at Judge Neil Gorsuch’s jurisprudence, by Amy Howe

From the introduction: 

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. Accepting the nomination to fill the vacancy left by Scalia’s death, Judge Neil Gorsuch spoke for many when he called Scalia “a lion of the law.”

Like Scalia, Gorsuch describes himself as an originalist: In a 2016 speech at Case Western Reserve University, he told his audience that judges should interpret the Constitution and the law “by focusing backward, not forward, and looking to text, structure, and history to decide what a reasonable reader at the time of the events in question would have understood the law to be.” But, if he is indeed confirmed, what effect will Gorsuch have on specific areas of the law?