Skip to comments.CBS This Morning: Sources Are Telling Us A Leading SCOTUS Candidate
Posted on 01/23/2017 1:06:59 PM PST by Kaslin
Well, SCOTUS watch kicked off on CBS This Morning Saturday, with Jan Crawford saying that her sources are telling her that a leading candidate has emerged from President Trumps solid list of judicial candidates to fill the vacancy left by the late Justice Antonin Scalia: Judge Neil Gorsuch of the United States Court of Appeals for the 10th Circuit.
Gorsuch is a Bush 43 appointeeand appears to be a worthy successor to Scalia (via SCOTUSblog)
He was a Marshall Scholar at the University of Oxford, graduated from Harvard Law School, clerked for prominent conservative judges (Judge David Sentelle of the U.S. Court of Appeals for the District of Columbia Circuit, as well as Justices Byron White and Anthony Kennedy of the Supreme Court), and was a high-ranking official in the Bush Justice Department before his judicial appointment. He is celebrated as a keen legal thinker and a particularly incisive legal writer, with a flair that matches or at least evokes that of the justice whose seat he would be nominated to fill. In fact, one study has identified him as the most natural successor to Justice Antonin Scalia on the Trump shortlist, both in terms of his judicial style and his substantive approach.
With perhaps one notable area of disagreement, Judge Gorsuchs prominent decisions bear the comparison out. For one thing, the great compliment that Gorsuchs legal writing is in a class with Scalias is deserved: Gorsuchs opinions are exceptionally clear and routinely entertaining; he is an unusual pleasure to read, and it is always plain exactly what he thinks and why. Like Scalia, Gorsuch also seems to have a set of judicial/ideological commitments apart from his personal policy preferences that drive his decision-making. He is an ardent textualist (like Scalia); he believes criminal laws should be clear and interpreted in favor of defendants even if that hurts government prosecutions (like Scalia); he is skeptical of efforts to purge religious expression from public spaces (like Scalia); he is highly dubious of legislative history (like Scalia); and he is less than enamored of the dormant commerce clause (like Scalia). In fact, some of the parallels can be downright eerie.
Gorsuch seems to be a solid conservative pick, with academic credentials that are impeccable as well. Hes also young at 49 years of age (via Denver Post):
He has a clear record of a consistent judicial philosophy and applying that in action, said Carrie Severino, chief counsel and policy director for the Judicial Crisis Network, a conservative advocacy group. One of the real values here is hes someone with solid record and were able to assess his experience. Conservatives are still concerned about the David Souter effect.
For conservatives such as John Malcolm, director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation, Gorsuch meets conservative standards as an originalist and a textualist someone who interprets the Constitution and statutes as they were originally written.
David Lat, managing editor of the legal website Above the Law, points to Gorsuchs stellar academic pedigree and national connections, but also to his age 49 and primed for an extended run as reasons to consider him among the favorites for the nomination.
The other thing to remember, Lat said, is that Donald Trump, when he issued his list, thanked the Heritage Foundation and Federalist Society for their input. I dont think they would have given their stamp of approval to somebody they thought was going to be another Souter. I think that since Souter, presidents are getting better at picking justices who dont disappoint them.
Crawford did note that this pick might surprise some conservatives since many were banking on him nominating Judge William Pryor of the U.S. Court of Appeals for the 11th Circuit. He also served as Alabamas attorney general. Like Gorsuch, hes also young (he's only 54). She added that hes also seen as the most worthy successor to Justice Scalia.
His court, the 10th Circuit, covers Colorado. He would be an excellent choice.
Don’t believe it unless Trump tweets it or it comes from his press secretary. Trump should not tolerate leaks, unless designed to purposely troll the media.
Ok, how did they know this? Who leaked it?
Ok, how did they know this? Who leaked it?
Some guy named Dan Rather I think
Why would townhall and CBS be the lead in this. Approach very cautiously. I know nothing about this man,but I remember the pr job they did to us on Roberts and Souter. This guy needs to be vetted to the marrow. I want him screaming in pain he is so raw from vetting. TAKE NO WORD FROM LIBERAL PRESS... DO NOT GIVE ANY CREDENCE. WE NEED TO ESTABLISH SOLID JUDICIAL RESEARCHERS THAT WE KNOW ARE UNCOMPROMISED... PERIOD
i don't know if this report has any merit or not but he seems like a good choice. I'm a little gun shy though, Republicans have a terrible track record with our so-called conservative court picks. Scalia, Thomas and Alito are all notable exceptions but so many 'conservatives' get to the court and then let their true colors show.
Let us know, CBS, when you have actual facts and not speculation.
I know a few of his family and have followed his work on the 10th Circuit and I don’t believe he would turn into a Kennedy or Souter. I think he would stay true.
"Many of our off the record sources use one particular Crayola color as a verification code", said CBS spox.
The Daily Caller website said the same thing yesterday, and I was discussing Judge Gorsuch’s credentials on another FR website this morning.
Interesting that maga_trump suddenly tweeted an hour ago that Gorsuch was a “dark horse” candidate and that he would be confirmed easily, assuming he’s nominated. Maga_trump is a guy “in the know” being some kind of GOP lawyer/whip. So they want the name out there.
From what I read, Judge Gorsuch, considered a highly qualified and reputed Scalia-type, would be a good replacement for the late and missed Judge Scalia.
In 30 years, Gorsuch will still be younger than Ruth Buzzi Ginsburg is today, and the same age as Anthony Kennedy is today.
“I dont think they would have given their stamp of approval to somebody they thought was going to be another Souter.”
The only problem with this is that except for a few of us, such as Howard Phillips (and I), most people didn’t think Souter would be Souter. Howard got roundly attacked for testifying against him, but he proved to be right.
Warren, Brennan, Blackmun, Stevens, Souter, O’Connor, Kennedy, just to name a few.
Was Gorsuch on Trump’s list?
Could well be a trial balloon.
We will have to overlook his mother having been the first head of the EPA...
I don’t know.
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