Conservative judge Gorsuch picked for US Supreme Court

Judge Neil Gorsuch speaks in the East Room of the White House in Washington after President Donald Trump announced Gorsuch as his nominee for the Supreme Court. Picture: Carolyn Kaster/AP

Judge Neil Gorsuch speaks in the East Room of the White House in Washington after President Donald Trump announced Gorsuch as his nominee for the Supreme Court. Picture: Carolyn Kaster/AP

Published Feb 1, 2017

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Washington - President Donald Trump on

Tuesday nominated Neil Gorsuch for a lifetime job on the US Supreme Court, picking the 49-year-old federal appeals court

judge to restore the court's conservative majority and help

shape rulings on divisive issues such as abortion, gun control,

the death penalty and religious rights.

The Colorado native faces a potentially contentious

confirmation battle in the US Senate after Republicans last

year refused to consider Democratic President Barack Obama's

nominee to fill the vacancy caused by the February 2016 death of

conservative justice Antonin Scalia.

The Senate's top Democrat, Chuck Schumer, indicated his

party would mount a procedural hurdle requiring 60 votes in the

100-seat Senate rather than a simple majority to approve

Gorsuch, and expressed "very serious doubts" about the nominee. 

Liberal groups called for an all-out fight to reject Gorsuch

while conservative groups and Republican senators heaped praise

on him like "outstanding," "impressive" and a "home run."

Gorsuch, the son of a former Reagan administration official,

is the youngest nominee to the nation's highest court in more

than a quarter century, and he could influence the direction of

the court for decades. 

He is a judge on the Denver-based 10th

US Circuit Court of Appeals and was appointed to that post by

Republican President George W. Bush in 2006.

Announcing the selection to a nighttime crowd in the White

House East Room flanked by the judge and his wife, Trump said

Gorsuch's resume is "as good as it gets." 

Trump, who took office

on January 20 and has sparked numerous controversies, said he hopes

Republicans and Democrats can come together on this nomination

for the good of the country.

"Judge Gorsuch has outstanding legal skills, a brilliant

mind, tremendous disciple, and has earned bipartisan support,"

Trump told an audience that included Scalia's widow.

"Depending on their age, a justice can be active for 50

years. And his or her decisions can last a century or more, and

can often be permanent," Trump added.

Gorsuch is considered a conservative intellectual, known for

backing religious rights and writing against euthanasia and

assisted suicide, and is seen as very much in the mold of

Scalia, a leading conservative voice on the court for decades.

"I respect ... the fact that in our legal order it is for

Congress and not the courts to write new laws," Gorsuch said, as

Trump looked on. "It is the role of judges to apply, not alter,

the work of the people's representatives. A judge who likes

every outcome he reaches is very likely a bad judge, stretching

for results he prefers rather than those the law demands."

A senior administration official, speaking on condition of

anonymity, said the choice of Gorsuch was seen by the White

House as a significant departure from Supreme Court nominations

from the recent past, given that many justices have come from

the eastern United States. 

Gorsuch lives in Boulder, Colorado,

where he raises horses and is a life-long outdoorsman.

The official said a screening committee helped in the

selection process that included Vice President Mike Pence, White

House counsel Don McGahn, chief of staff Reince Priebus and top

strategist Steve Bannon.

Gorsuch became the youngest US Supreme Court nominee since

Republican President George HW Bush in 1991 selected

conservative Clarence Thomas, who was 43 at the time. Gorsuch

was in the same 1991 graduating class from Harvard Law School as

Obama.

The selection of Gorsuch, who was on a list of about 20

judges suggested by conservative legal activists, unified

Republicans in a way not seen since Trump's Nov. 8 election

victory, with even critics within the party such as South

Carolina Senator Lindsey Graham singing the nominee's praises.

Trump made his choice between two US appeals court judges,

Gorsuch and Thomas Hardiman of the Philadelphia-based 3rd US Circuit Court of Appeals, according to a source involved in the

selection process.

The Senate confirmed Gorsuch for his current judgeship in

2006 by voice vote with no one voting against him.

Democrats signaled it may not be easy this time.

"Judge Gorsuch has repeatedly sided with corporations over

working people, demonstrated a hostility toward women's rights,

and most troubling, hewed to an ideological approach to

jurisprudence that makes me skeptical that he can be a strong,

independent justice on the court," Schumer said.

Trump got the opportunity to name Scalia's replacement only

because the Republican-led Senate, in an action with little

precedent in US history, refused to consider Obama's nominee

for the post, appeals court judge Merrick Garland. 

Obama

nominated Garland on March 16 but Republican senators led by

Majority Leader Mitch McConnell denied Garland the customary

confirmation hearings and vote.

"This is the first time in American history that one party

has blockaded a nominee for almost a year in order to deliver a

seat to a president of their own party. If this tactic is

rewarded rather than resisted, it will set a dangerous new

precedent in American governance," Oregon Democratic Senator

Jeff Merkley said.

McConnell said on Tuesday he hoped the Senate would show

Gorsuch "fair consideration and respect the result of the recent

election with an up-or-down vote on his nomination, just like

the Senate treated the four first-term nominees of (Democratic)

Presidents (Bill) Clinton and Obama."

A rally outside the Supreme Court building staged by liberal

groups drew hundreds of demonstrators against Gorsuch.

Michael Keegan, president of the liberal advocacy group

People for the American Way, described Gorsuch as an

"ideological warrior who puts his own right-wing politics above

the Constitution."

Gorsuch is the son of Anne Burford, the first woman to head

the US Environmental Protection Agency. 

She served in

Republican President Ronald Reagan's administration but resigned

in 1983 amid a fight with Congress over documents on the EPA's

use of a fund created to clean up toxic waste dumps nationwide.

Trump's selection was one of the most consequential

appointments of his young presidency as he moved to restore a

conservative majority on the Supreme Court that had been in

place for decades until Scalia died at age 79 on February 13, 2016.

Trump's fellow Republicans hold a 52-48 Senate majority,

meaning some Democratic votes would be needed to confirm his

pick under current rules. 

Trump said last week he would favor

Senate Republicans eliminating the procedural move that

Democrats have promised, called a filibuster, for Supreme Court

nominees if Democrats block his pick. Such a change has been

dubbed the "nuclear option."

Trump has said his promise to appoint a conservative justice

was one of the reasons he won the Nov. 8 presidential election,

with Christian conservatives and others emphasizing the

importance of the pick during the campaign.

If confirmed, Gorsuch would expand the court's conservative

wing, made up of John Roberts, Anthony Kennedy Samuel Alito and

Thomas. 

Kennedy long has been considered the court's pivotal

vote, sometimes siding with the liberals in key cases such as

the June 2016 ruling striking down abortion restrictions in

Texas.

The court's restored conservative majority likely would be

supportive toward the death penalty and gun rights and hostile

toward campaign finance limits. 

Scalia's replacement also could

be pivotal in cases involving abortion, religious rights,

presidential powers, transgender rights, voting rights, federal

regulations others.

Gorsuch boasts Ivy League credentials: attending Columbia

University and, like several of the other justices on the court,

Harvard Law School. He also completed a doctorate in legal

philosophy at Oxford University, spent several years in private

practice and worked in George W. Bush's Justice Department.

Gorsuch joined an opinion in 2013 saying that owners of

private companies could object on religious grounds to a

provision of the Obamacare health insurance law requiring

employers to provide coverage for birth control for women.

As long as Kennedy and four liberals remain on the bench,

the court is not expected to pare back abortion rights as many

US conservatives fervently hope. The Supreme Court legalized

abortion in the landmark 1973 Roe v. Wade ruling. In June, the

justices ruled 5-3 to strike down a Texas law that restricted

abortion access, with Kennedy and the liberals in the majority.

The current vacancy is the court's longest since a 391-day

void from 1969 to 1970 during Republican Richard Nixon's

presidency. After Abe Fortas resigned from the court in May

1969, the Senate voted down two nominees put forward by Nixon

before confirming Harry Blackmun, who became a justice in June

1970. Aside from that one, no other Supreme Court vacancy since

the US Civil War years of the 1860s has been as long as the

current one.

Trump may get to make additional appointments. Liberal

Justice Ruth Bader Ginsburg, who Trump called upon to resign

last July after she called him "a faker," is 83 while Kennedy is

80. Stephen Breyer, another liberal, is 78.

Reuters

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