President Trump has just named Judge Neil Gorsuch of the Tenth Circuit Court of Appeals as his first appointee to the Supreme Court of the United States. The consequences of Gorsuch’s nomination can be better understood through an examination of his mother’s tenure at the EPA, his similarity to Justice Antonin Scalia, and his position on key issues facing the court.
Unlike Roberts or Thomas, Gorsuch is not a particularly common surname, making it easily recognizable as the last name of the Reagan-era EPA administrator Anne Gorsuch. As head of the Environmental Protection Agency, she supported massive spending cuts to the agency and substantially scaled back enforcement of EPA regulations. She served as the chief pawn in President Reagan’s strategy to strip the EPA of its power, and her son could play a similar role in the Trump administration’s judicial strategy. Slate contends that because Neil Gorsuch also lacks a judicial record on environmental cases, it is incredibly likely he will treat these issues in a manner similar to that of his mother. As President Trump moves to restrict environmental regulations and ignore climate change, his Supreme Court nominee is poised to be an ally in the judicial branch.
Unfortunately, Gorsuch will also likely follow the Trump mandate on a much graver issue for civil liberties. Trump has long promised that he would appoint a justice who would work to overturn the landmark abortion case of Roe v. Wade. While Gorsuch has never ruled on an abortion case, his clearly articulated opposition to abortion suggestions that he will fulfill Trump’s primary judicial objective by voting to restrict abortion rights to a level unseen since 1971.
On this and other issues, Judge Gorsuch has been heralded by conservatives as an ideological equal to the late Justice Antonin Scalia, whose seat Gorsuch has been nominated to fill. Like Scalia, Gorsuch is an originalist by philosophy, meaning he interprets the constitution based on the original intent of the framers and the original 1789-meaning of the words put forth in the U.S. Constitution. While Scalia and Gorsuch do differ on a few philosophical matters, Gorsuch can largely be expected to think and act in a similar manner to his predecessor. However, as Gorsuch is more of an outdoorsman than opera enthusiast, it is doubtful he will carry on Scalia’s surprising friendship with his ideological foil on the Court, Justice Ruth Bader Ginsburg.
Perhaps the clearest consequence of Gorsuch’s appointment is a blow to the right-to-die laws which are quickly gaining popularity across the country. Gorsuch has been an outspoken opponent of assisted suicide. In 2006, he penned a book entitled The Future of Assisted Suicide and Euthanasia, in which he essentially argued there should be no future. If the Supreme Court hears a case on assisted suicide, which appears increasingly likely, Gorsuch will undoubtedly serve as a voice of strong opposition. Gorsuch’s voice also holds the potential to sway votes on the court apart from his own. Politico calls Gorsuch the most likely candidate to convince longtime swing vote Anthony Kennedy to concur with the conservative block.
As the Senate moves closer to a confirmation hearing and vote on Gorsuch’s appointment, his philosophy will become clearer. Barring any significant revelations, he is likely to be confirmed within the next few months. At the age of 49, Gorsuch has decades to shape the future of American jurisprudence. But, perhaps, the scariest thing about Gorsuch is that he is Donald Trump’s first appointee, not necessarily his only one. So say it with me, everyone: Hang on, Ruth. Hang on.
Settle down, america 