Home
/
RELIGION & LIBERTY ONLINE
/
What you should know about Supreme Court nominee Neil Gorsuch
What you should know about Supreme Court nominee Neil Gorsuch
May 1, 2026 2:46 AM

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
John Calvin in Siouxland
As we enjoy the final days of 2009, notable for among other things the 500th anniversary of John Calvin’s birth, take the time to enjoy this video creation from James C. Schaap, professor of English at Dordt College, featuring quotes about creation from the writings of John Calvin, music by the Dordt College Concert Choir, and photography by Schaap. As Calvin writes, “Nothing is so obscure or contemptible, even in the smallest corners of the earth, that it can’t display...
Not So Liberating: The Twilight of Liberation Theology
NRO’s Corner published my article on Pope Benedict’s recent remarks to Brazilian bishops on liberation theology: It went almost unnoticed, but on December 5, Benedict XVI articulated one of the most stinging rebukes of a particular theological school ever made by a pope. Addressing a visiting group of Brazilian bishops, Benedict followed some ments about Catholic education with some very sharp and deeply critical remarks about liberation theology and its effects upon the Catholic Church. After stressing how certain liberation...
The Regressive Carbon Tax
A new NBER working paper promises to blow up the myth that it is primarily the wealthy that will bear the cost of taxes on carbon emissions. In “Who Pays a Price on Carbon?” Corbett A. Grainger and Charles D. Kolstad explore the possibility that “under either a cap-and-trade program that limits carbon emissions or a carbon tax that imposes an outright tax on these emissions, the poor may be among the hardest hit. Because they spend a greater share...
Power in Sports, Wealth, and Politics
As a follow-up note to my previous post, “Wealth and Fidelity, Golf and Marriage,” it’s worth exploring in some more detail the multi-billion dollar phenomenon that has been called “Tiger, Inc.” and the relationship between power in sports, wealth, and politics. Lord Acton’s dictum, “Power tends to corrupt, and absolute power corrupts absolutely,” has found relevance in a number of contexts beyond those of its initial utterance. It is most frequently used nowadays to refer to the kind of fullness...
Climate Babel
With all of the blizzards, cold temperatures and the circus-like atmosphere in Copenhagen last week, it looks like people are ing more and more skeptical of global warming—or I should say climate change. But in times like these we have to remember that blizzards, or even historical low temperatures, are irrelevant–because it is not LOCAL warming, it is GLOBAL warming. The only time LOCAL temperatures have any significance is when they are hotter than normal–then it es empirical evidence. I...
Byzantine Hymn for the Nativity of Christ
From the Holy Land, sung in Arabic. Merry Christmas to all PowerBlog readers and our blogging crew! St. Paul’s Letter to the Galatians 4:4-7 Brethren, when the time had e, God sent forth his Son, born of woman, born under the law, to redeem those who were under the law, so that we might receive adoption as sons. And because you are sons, God has sent the Spirit of his Son into our hearts, crying, “Abba! Father!” So you are...
Blessed are the shoplifters?
If ever G.K. Chesterton’s old quip about heresy being “truth gone mad” was in full view, es a report from England whereby Fr. Tim Jones, an Anglican minister, had actually encouraged the poor to shoplift from large chains this holiday season. … the minister’s controversial sermon at St. Lawrence Church in York has been slammed by police, the British Retail Consortium and a local MP, who all say that no matter what the circumstances, shoplifting is an offence. Delivering his...
The Incarnation and “the foolishness of God”
I love the song, “Mary, did you know?”… Reflect on the words… The Incarnation is at the heart of the Gospel– not just that Jesus came as the GodMan in bodily form, as the ultimate sin-bearer, as the Perfect High Priest offering Himself as the Perfect Sacrifice for our sins. Beyond that, consider the manner of the Incarnation– He didn’t just roll down here for a week, hop on a cross, and rise from the dead. He lived our kind...
Conventional vs. Cyber Terrorism
During this holiday travel season, which has you more concerned, conventional terror attacks of the kind attempted on Christmas Day or tech terrorism, which aims to take down access to or breach puter networks? John P. Avlon of the Manhattan Institute makes the case that the latter perhaps represents a greater threat to national and economic security. Avlon concludes, “Whether it is perpetrated by al-Qaida, a hostile nation, or a lone hacker, we cannot afford to wait for a digital...
Column: Christmas message should inform environmentalism
In a new column in The Detroit News, I set authentic environmental stewardship against the goings-on at the recently concluded UN Copenhagen conference. A slightly longer version of mentary will be published tomorrow in the weekly Acton News & Commentary. Merry Christmas to all! The not-so-subtle politicizing of science revealed by the Climategate affair, along with the alarmist and at times downright silly antics of some proponents of environmentalism (a word that has acquired numerous shades of mitment), ought not...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved