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He has deep roots in his hometown of Denver and absorbed his work ethic from his family.
The panel had granted Planned Parenthood a preliminary injunction against the Utah governor’s directive to state agencies to stop acting as intermediaries for federal funds flowing to Planned Parenthood.
Gorsuch faulted the panel for failing to accord the appropriate degree of deference to the district court’s factual findings and for making its own bizarre inferences about the governor’s reasons for acting.
Whelan, a former law clerk to Justice Scalia, is a regular contributor to National Review Online’s Bench Memos blog. Whelan’s full bio and past publications.] January 31, 2017 On the Saturday afternoon last February when he received word of Justice Scalia’s death, Neil M. for the tears.” In his grief over the death of a justice he deeply admired and emulated, Judge Gorsuch could hardly have imagined the series of events that would lead to his being selected today to fill the Scalia vacancy.
But that judges should do none of these things in a democratic society.
That judges should instead strive (if humanly and so imperfectly) to apply the law as it is, 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—not to decide cases based on their own moral convictions or the policy consequences they believe might serve society best.
In that speech, Gorsuch acknowledges that Justice Scalia’s project had its critics, from the secular moralist Ronald Dworkin to the pragmatist Richard Posner.ANALYSIS/OPINION: It almost didn’t matter who he nominated. The left went berserk, and so successfully vilified the man that his last name became a verb. There was a time, back when politics was serious but not a blood sport — i.e., when most people actually knew something about how our government was designed — when U. Supreme Court nominees were almost unanimously approved by Congress. It all changed 30 years ago when President Reagan nominated Judge Robert Bork to the High Court. Gorsuch is a brilliant jurist and dedicated originalist and textualist. Gorsuch’s judicial outlook is reflected in his beautiful speech (text and video) celebrating — and embracing — Justice Scalia’s traditional understanding of the judicial role and his originalist methodology: Perhaps the great project of Justice Scalia’s career was to remind us of the differences between judges and legislators. Gorsuch “immediately lost [his] breath” and “couldn’t see . And while he has rightly recognized that no one could ever replace Justice Scalia, there are strong reasons to expect Justice Gorsuch to be an eminently worthy successor to the great justice. And his many talents promise to give him an outsized influence on future generations of lawyers.Gorsuch has earned special acclaim for his insights on administrative law and separation of powers. a delegation run riot, a result inimical to the people’s liberty and our constitutional design.” Gorsuch has had only one case involving the matter of abortion ().In an opinion last August (), he argued that the Supreme Court’s precedents on deference to reasonable agency interpretations of law “permit executive bureaucracies to swallow huge amounts of core judicial and legislative power and concentrate federal power in a way that seems more than a little difficult to square with the Constitution of the framers’ design.” He called for the Supreme Court to reconsider whether the so-called ), he said that Congress had gone too far in delegating power to an agency to decide what conduct is criminal: For Congress to “effectively pass off to the prosecutor the job of defining the very crime he is responsible for enforcing” is “by any plausible measure . Last October, he dissented strenuously when the Tenth Circuit refused to reconsider a panel ruling in favor of Planned Parenthood’s Utah affiliate.Which brings us to Judge Kavanaugh, who is hoping to fill the seat of the man nominated by Mr. But while it may be three decades later, the left’s playbook hasn’t changed.And so we’ve all been told what an extremist he is, how untold millions will die on his watch, and so on. It wasn’t always this way, hard as that may be to believe.Seriously — look up “bork” in Merriam-Webster’s online dictionary, and you’ll read: “to attack or defeat (a nominee or candidate for public office) unfairly through an organized campaign of harsh public criticism.” “Unfairly” indeed.