Home
/
RELIGION & LIBERTY ONLINE
/
What you should know about Supreme Court nominee Neil Gorsuch
What you should know about Supreme Court nominee Neil Gorsuch
Mar 10, 2026 9:55 PM

Today the U.S. Senate confirmed the nomination of Judge Neil Gorsuchto replace the late Justice Antonin Scalia. President Trump will swear in Judge Gorsuchearly next week.

Here is what you should know about the nextassociate justice of the Supreme Court of the United States.

Neil Gorsuch

Age: 49

Birthplace: Denver, Colorado

Education: B.A. from Columbia University; J.D. from Harvard Law School; PhD in Law from University College at Oxford University.

Current judgeship:U.S. Court of Appeals for the Tenth Circuit (appointed by George W. Bush).

Previous roles: In the early 1990s, Judge Gorsuch clerked for U.S. Supreme Court Justices Byron White and Anthony Kennedy. He served in private practice at the Washington, D.C. law firm of Kellogg, Huber, Hansen, Todd, Evans & Figel, and served as principal deputy to the associate attorney general and acting associate attorney general, U.S. Department of Justice.

Religious denomination: Episcopalian

Family: Judge Gorsuch is married and has two daughters. His mother served as President Reagan’s head of the Environmental Protection Agency.

Judicial philosophy: Judge Gorsuch is considered a proponent of originalism, a manner of interpreting the Constitution that begins with the text and attempts to give that text the meaning it had when it was adopted, and textualism, a method of statutory interpretation that relies on the plain text of a statute to determine its meaning.

Positions and rulings

Religious Liberty:Gorsuch was on the Tenth Circuit when they heard the religious liberty case,Hobby Lobby Stores vs. Sebelius.The court ruled federal law prohibited the requirement from applying to closely held corporations, a position upheld by the Supreme Court. In his opinion Gorsuch wrote that theReligious Freedom Restoration Act applied to the owners of Hobby Lobby: “The Act doesn’t just apply to protect popular religious beliefs: it does perhaps its most important work in protecting unpopular religious beliefs, vindicating this nation’s long-held aspiration to serve as a refuge of religious tolerance.”

The Tenth Circuit also heard the case ofLittle Sisters of the Poor Home for the Aged vs. Burwell.In his dissent, Gorsuch wrote:

The opinion of the panel majority is clearly and gravely wrong—on an issue that has little to do with contraception and a great deal to do with religious liberty. When a law demands that a person do something the person considers sinful, and the penalty for refusal is a large financial penalty, then the law imposes a substantial burden on that person’s free exercise of religion. All the plaintiffs in this case sincerely believe that they will be violating God’s law if they execute the documents required by the government. And the penalty for refusal to execute the documents may be in the millions of dollars. How can it be any clearer that the law substantially burdens the plaintiffs’ free exercise of religion?

This is a dangerous approach to religious liberty. Could we really tolerate letting courts examine the reasoning behind a religious practice or belief and decide what is core and what is derivative? A Christian could be required to work on December 25 because, according to a court, his core belief is that he should not work on the anniversary of the birth of Jesus but a history of the calendar and other sources show that Jesus was actually born in March; a December 25 work requirement therefore does not substantially burden his core belief. Or a Jewish prisoner could be provided only non-kosher food because the real purpose of biblical dietary laws is health, so as long as the pork is well-cooked, etc., the prisoner’s religious beliefs are not substantially burdened. The Supreme Court has refused to examine the reasonableness of a sincere religious belief—in particular, the reasonableness of where the believer draws the line between sinful and acceptable—at least since Thomas v. Review Board of Indiana Employment Security Division, 450 U.S. 707, 715 (1981), and it emphatically reaffirmed that position in Burwell v. Hobby Lobby Stores, Inc., 134 S. Ct. 2751, 2778 (2014).

Worker protections:While on the Tenth Circuit, Gorsuch heard the case, TransAm Trucking Inc. v. Administrative Review Board.The majority determineda trucker had been wrongfully fired after he unhitched his trailer and drove away when the truck’s brakes froze. In his dissent, Gorsuch said pany had given the driverthe legal option to stay with his trailer and wait for help, which he declined, instead operating the truck in a way not permitted by pany.

Administrative law:Gorsuch was one of the judges on the Tenth Circuitwho wrote ina 2016 opinionthat the Chevron doctrine allowed “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.” Gorsuch called Chevron a “Goliath of modern administrative law,” and argued it may be time to face “the behemoth.” He suggested the judiciary rather than the executive branch should have the last word on the meaning of the law. However, in his Senate confirmation hearing he responded to Sen. Klobuchar’s claim about overturning Chevron by saying, “I would try e at it with as open a mind as a man could muster.” (For more on the Chevron doctrine, see this explainer.)

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Private vs. Public Schools
One of the flashpoints in school choice debates is the performance of public schools pared to private. A while back a Department of Education study drew attention by claiming that, when certain socio-economic factors were controlled, there wasn’t much of a difference between achievement by public and private school students. Those findings are now under fire from Harvard researchers Paul Petersen and Elena Llaudet, who use the same data but a different method—and claim that the Department of Education’s method...
Theocracy Paranoia
mented previously on Randall Balmer’s new book. The online article this month from First Things is Ross Douthat’s excellent review of a raft of books (including Balmer’s) that take up similar themes. In a nutshell, there is currently a lot of hyperventilating about the danger of an unholy alliance between church and state in the United States, which, to most religious folks probably seems to read the trends 180 degress wrong. Douthat doesn’t even include Damon Linker’s book (an expansion...
Are You Ready or Really Ready?
vs. Almost everyone has been critical of the government’s methods when es to disaster preparedness and response. We here at Acton also tend to be very focused on the importance of private enterprise when es to dealing with local problems. And so I present an interesting case study for your analysis: The Department of Homeland Security has created a website, www.ready.gov, that promises to be a resource for those facing an imminent natural disaster. The Federation of American Scientists has...
Protestants and Natural Law, Part 8
To conclude this series, let’s recap what is meant by natural law by parsing the term. The “nature” referred to in natural law can mean different things, but I mean by it the divinely engrafted knowledge of morality in human reason and conscience, that which all human beings share by virtue of their creation in God’s image. Theologically speaking, I think this understanding of nature points back to our original creation in God’s image, but it also anticipates the fall...
Thar She Blows
Might these be the new “Cuisinarts of the sea”? This story, “Energy from the Restless Sea,” in today’s NYT examines the efforts of experimental inventors to find machines that excel in “harnessing the perpetual motion of the ocean and turning it into modity in high demand: energy.” There are a variety of designs and types of machines, so of course not all of them are a danger to chop up hapless fish. Watermill of Braine-le-Château, Belgium (12th century). Photograph taken...
You Know the Old Joke
This story makes me think of an old joke. Stafford, TX has a population of 19,227 people and 51 churches. The city council is making noise about preventing any more churches from opening up because, as tax-exempt organizations, they are threatening the viability of the local government. My initial reaction: In one sense this is nothing new. Ever since the days of the Holy Roman Empire, church estates have been free from the taxes of civil government, and as monastic...
Religious Freedom in China
Do economic, political, and religious freedom go together? Rodney Stark, writing in his recent book The Victory of Reason, says that “It seems doubtful than an effective modern economy can be created without adopting capitalism, as was demonstrated by the failure of mand economies of the Soviet Union and China.” He also writes, There are many reasons people embrace Christianity, including its capacity to sustain a deeply emotional and existentially satisfying faith. But another significant factor is its appeal to...
The New Suburbanism
How many of you would like to live here? Tom Monaghan has received a lot of attention for his plans to create munity in Florida in conjunction with the founding of a new Roman Catholic university: “The panying town will provide single- and multi-family housing in a wide range of styles and prices, along mercial and office facilities to modate the businesses and organizations needed to support this major academic institution.” Here’s what Katie Couric had to say in an...
The ‘Moral’ Minimum Wage Increase Hurts Teens and Minorities
Religious activists are stumping for a minimum wage increase as a way to help the disadvantaged. But do they understand the economics? Anthony Bradley observes that government-mandated pay hikes “actually hurt teens and low-skilled minorities in the long run because minimum wage jobs are usually entry-level positions filled by employees with limited work experience and few job skills.” Read the mentary here. ...
Coulter on Christianity and the Welfare State
In this Beliefnet interview conducted by Charlotte Allen, conservative firebrand Ann Coulter references the work of Acton senior fellow Marvin Olasky: Is it possible to be a good Christian and sincerely believe, as Jim Wallis does, that a bigger welfare state and higher taxes to fund it is the best way in plex modern society for us to fulfill our Gospel obligation to help the poor? It’s possible, but not likely. Confiscatory taxation enforced by threat of imprisonment is “stealing,”...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved