Home
/
RELIGION & LIBERTY ONLINE
/
What you should know about Supreme Court nominee Neil Gorsuch
What you should know about Supreme Court nominee Neil Gorsuch
Apr 22, 2026 11:03 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
Verse of the Day
  Commentary on Today's Verse   Commentary on Romans 12:9-16   (Read Romans 12:9-16)   The professed love of Christians to each other should be sincere, free from deceit, and unmeaning and deceitful compliments. Depending on Divine grace, they must detest and dread all evil, and love and delight in whatever is kind and useful. We must not only do that which is good,...
Verse of the Day
  John 17:13 In-Context   11 I will remain in the world no longer, but they are still in the world, and I am coming to you. Holy Father, protect them by the power ofOr Father, keep them faithful toyour name, the name you gave me, so that they may be one as we are one.   12 While I was with them,...
Verse of the Day
  Commentary on Today's Verse   Commentary on Luke 6:1-5   (Read Luke 6:1-5)   Christ justifies his disciples in a work of necessity for themselves on the sabbath day, and that was plucking the ears of corn when they were hungry. But we must take heed that we mistake not this liberty for leave to commit sin. Christ will have us to know...
Verse of the Day
  Commentary on Today's Verse   Commentary on John 11:1-6   (Read John 11:1-6)   It is no new thing for those whom Christ loves, to be sick; bodily distempers correct the corruption, and try the graces of God's people. He came not to preserve his people from these afflictions, but to save them from their sins, and from the wrath to come; however,...
Verse of the Day
  Hebrews 11:11 In-Context   9 By faith he made his home in the promised land like a stranger in a foreign country; he lived in tents, as did Isaac and Jacob, who were heirs with him of the same promise.   10 For he was looking forward to the city with foundations, whose architect and builder is God.   11 And by faith...
Verse of the Day
  Commentary on Today's Verse   Commentary on Proverbs 3:1-6   (Read Proverbs 3:1-6)   In the way of believing obedience to God's commandments health and peace may commonly be enjoyed; and though our days may not be long upon earth, we shall live for ever in heaven. Let not mercy and truth forsake thee; God's mercy in promising, and his truth in performing:...
Verse of the Day
  Commentary on Today's Verse   Commentary on Titus 2:11-15   (Read Titus 2:11-15)   The doctrine of grace and salvation by the gospel, is for all ranks and conditions of men. It teaches to forsake sin; to have no more to do with it. An earthly, sensual conversation suits not a heavenly calling. It teaches to make conscience of that which is good....
Verse of the Day
  Commentary on Today's Verse   Commentary on Hebrews 13:1-6   (Read Hebrews 13:1-6)   The design of Christ in giving himself for us, is, that he may purchase to himself a peculiar people, zealous of good works; and true religion is the strongest bond of friendship. Here are earnest exhortations to several Christian duties, especially contentment. The sin opposed to this grace and...
Verse of the Day
  Commentary on Today's Verse   Commentary on Galatians 6:6-11   (Read Galatians 6:6-11)   Many excuse themselves from the work of religion, though they may make a show, and profess it. They may impose upon others, yet they deceive themselves if they think to impose upon God, who knows their hearts as well as actions; and as he cannot be deceived, so he...
Verse of the Day
  Commentary on Today's Verse   Commentary on Matthew 7:15-20   (Read Matthew 7:15-20)   Nothing so much prevents men from entering the strait gate, and becoming true followers of Christ, as the carnal, soothing, flattering doctrines of those who oppose the truth. They may be known by the drift and effects of their doctrines. Some part of their temper and conduct is contrary...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved