Neil Gorsuch Supreme Court nomination

On January 31, 2017, soon after taking office, President Donald Trump, a Republican, nominated Neil Gorsuch for Associate Justice of the Supreme Court of the United States to succeed Antonin Scalia, who had died almost one year earlier. Then-president Barack Obama, a Democrat, nominated Merrick Garland to succeed Scalia on March 16, 2016, but the Republican-controlled U.S. Senate did not vote on the nomination. Majority leader Mitch McConnell declared that as the presidential election cycle had already commenced, it made the appointment of the next justice a political issue to be decided by voters. The Senate Judiciary Committee refused to consider the Garland nomination, thus keeping the vacancy open through the end of Obama's presidency on January 20, 2017.

President Donald Trump with Judge Neil Gorsuch and his wife Louise, during the announcement at the White House.

When nominated, Gorsuch was a sitting judge on the United States Court of Appeals for the Tenth Circuit, a position to which he had been appointed by President George W. Bush in 2006. Democratic Senators launched a filibuster against Gorsuch's nomination, hoping to block his confirmation. However, Republicans invoked the "nuclear option", eliminating the filibuster with respect to Supreme Court nominees.[1] The Senate ultimately confirmed Gorsuch's nomination to the Supreme Court by a 54–45 vote on April 7, 2017 (all Republicans plus three Democrats voted in his favor). Ten days after winning confirmation, April 17, Gorsuch heard his first case as the 101st associate justice of the Court.[2]

Background

On February 13, 2016, Associate Justice Antonin Scalia died unexpectedly.[3][4] He was the second Supreme Court justice to die in office this century; the other was Chief Justice William Rehnquist in 2005. Before him, the last incumbent justice to die was Robert H. Jackson in 1954.[5] His death triggered a protracted political battle that did not end until the Senate confirmed Gorsuch's nomination in April 2017.

Scalia's death brought about an unusual situation in which a Democratic president had the opportunity to appoint a Supreme Court justice while the Republicans controlled the United States Senate, a situation had last arisen in 1895, when Grover Cleveland nominated Rufus Wheeler Peckham to the Court.[6] Also, the vacancy occurred during a presidential election year, the seventh time a seat has become vacant during one since 1900.[7]

Political commentators at the time widely recognized Scalia as one of the most conservative members of the Court, and noted that President Barack Obama had an opportunity to name a more liberal replacement, a move that could alter the Court's ideological balance for many years into the future.[8] The president ultimately nominated Merrick Garland on March 16, 2016. His confirmation would have given Democratic appointees a majority on the Supreme Court for the first time since the 1970s.[9] Because of this, Republican Senate leaders, citing the fact that the vacancy arose during Obama's final year as president, declared that the Senate would not even consider a nomination from the president.

Garland's nomination expired on January 3, 2017, with the end of the 114th Congress, 293 days after it had been submitted to the Senate.[10] As a result of the nomination's defeat, Scalia's seat remained vacant until after Donald Trump's January 20, 2017 presidential inauguration.[10] Only the 15th time in U.S. Senate history that a Supreme Court nomination had lapsed at the end of a session of Congress,[11] many Democrats reacted angrily to the Senate's refusal to consider Garland, with Senator Jeff Merkley describing the vacant seat as a "stolen seat".[12] However, Republicans such Senator Chuck Grassley argued that the Senate was within its rights to refuse to consider a nominee until the inauguration of a new president.[13]

Nomination

Potential candidates

During the 2016 presidential campaign, while Garland remained before the Senate, Trump released two lists of potential nominees. On May 18, 2016, Trump released a short list of eleven judges for nomination to the Scalia vacancy.[14] In September 2016, Trump released a second list of ten possible nominees, this time including three minorities.[15] Both lists were assembled by the Federalist Society and the Heritage Foundation.[16] Leonard Leo of the Federalist Society played a major role in the creation of the second list, which included Gorsuch.[17]

After winning the presidential election, Trump and White House Counsel Don McGahn interviewed four individuals for the Supreme Court opening, all of whom had appeared on one of the two previously-released lists.[16] The four individuals were federal appellate judges Tom Hardiman, Bill Pryor, and Neil Gorsuch, as well as federal district judge Amul Thapar.[16] All four had been appointed to the federal bench by President George W. Bush. While Pryor had been seen by many as the early front-runner due to the backing of Attorney General Jeff Sessions, many evangelicals expressed resistance to him, and the final decision ultimately came down to Gorsuch or Hardiman.[16] Hardiman had the support of Trump's sister, Judge Maryanne Trump Barry,[16] but Trump instead chose to nominate Gorsuch.[18]

Announcement

President Trump announced the nomination of Gorsuch on January 31, 2017. The nomination was formally received by the Senate on February 1, 2017, and was subsequently referred to the Senate Judiciary Committee.[11] At the time of his nomination, Gorsuch was described as solidly conservative, but likely to be confirmed without much difficulty.[19][20][21] Richard Primus of Politico described Gorsuch as "Scalia 2.0" due to ideological similarities,[22] and a report prepared by Lee Epstein, Andrew Martin, and Kevin Quinn predicted that Gorsuch would be a "reliable conservative" similar to Scalia.[23]

According to The Washington Post, Trump talked about rescinding Gorsuch's nomination, venting angrily to advisers after his Supreme Court pick was critical of the president's escalating attacks on the federal judiciary in a private February meeting with Democratic legislators.[24]

Responses to the nomination

Neil Gorsuch with Senate Judiciary Committee Chairman Chuck Grassley, February 1, 2017

Norm Eisen, Special Counsel for Ethics and Government Reform in the White House and Ambassador to the Czech Republic, endorsed Gorsuch.[25] Eisen was a classmate of both Gorsuch and Obama at Harvard Law.[25] Neal Katyal, who served as Acting Solicitor General of the United States during the Obama Administration and who is currently a law professor at Georgetown University Law Center, endorsed Gorsuch for approval to the Supreme Court.[26]

The National Rifle Association, the National Shooting Sports Foundation, the Second Amendment Foundation and other gun rights groups endorsed Gorsuch,[27][28][29] while Americans for Responsible Solutions, the Law Center to Prevent Gun Violence and other gun control proponents have opposed his nomination.[30][31] House Minority Leader Nancy Pelosi claimed Gorsuch "comes down on the side of felons over gun safety". PolitiFact called her statement misleading and said that Gorsuch's past rulings do not "demonstrate that he thinks more felons should be allowed guns than what is already permitted under the law".[32]

The American Civil Liberties Union raised concerns about Gorsuch's respect for disability rights.[33] The Secular Coalition for America, Freedom from Religion Foundation and Union for Reform Judaism all voiced concerns with Gorsuch's nomination.[34]

The Judicial Crisis Network enthusiastically rallied behind Gorsuch after running a campaign against Merrick Garland, spending a total of $17 million to these ends.[35]

Confirmation hearing

Ticket for the March 2017 Neil Gorsuch Supreme Court nomination hearing before the Senate Judiciary Committee

Gorsuch's nomination was first considered by the Senate Judiciary Committee, which holds hearings on all federal judicial nominations and decides whether or not to send nominations to the full Senate for a final confirmation vote.[36] In the 115th Congress the committee consisted of 11 Republicans and 9 Democrats, and was led by Republican Chuck Grassley. In preparation for the hearing, the committee requested the Department of Justice (DOJ) to send all documents they had regarding Gorsuch's work in the George W. Bush administration; and by the time the hearing commenced, the DOJ had sent the committee over 144,000 pages of documents and, according to a White House spokesman, more than 220,000 pages of documents altogether.[37] Gorsuch's confirmation hearing started on March 20, 2017, and lasted four days.[11][38]

On the first day of hearings, March 20, senators largely used their opening statements to criticize each other, with Ranking Democrat Dianne Feinstein complaining of the "unprecedented treatment" of Judge Merrick Garland, while Democrat Michael Bennet felt "two wrongs don't make a right", with Republican Ted Cruz insisting President Trump's nomination now carried "super-legitimacy".[39]

Democratic senators repeatedly criticized Gorsuch for dissenting in a case where the Tenth Circuit Court of Appeals ruled in favor of a truck driver who, after waiting hours for relief, had finally abandoned his unheated truck and trailer in dangerously inclement conditions. Democrat Dick Durbin told Gorsuch the weather was "not as cold as your dissent".[39] Durbin also criticized the accuracy of his opinion in the Hobby Lobby case, where Gorsuch contended that contraception "destroys a fertilized egg," and that he had held the Religious Freedom Restoration Act included protection for corporations, rather than just individuals.[40]

In his own 16-minute opening statement, Gorsuch repeated his belief that a judge who likes all his rulings is "probably a pretty bad judge." He also noted that his extensive record included many examples where he ruled both for and against disadvantaged groups.[39]

Judge Gorsuch testifying before the Senate Judiciary Committee, March 22, 2017

On the second day of hearings, March 21, Gorsuch responded to questions by committee members. When Chairman Chuck Grassley asked Gorsuch if he would "have any trouble ruling against the president who appointed you", Gorsuch replied, no, and "that's a softball".[41] Ted Cruz used his time to ask Gorsuch about The Hitchhiker's Guide to the Galaxy, basketball, and mutton busting.[41] When asked by Republican Lindsey Graham how he would have reacted if during his interview at Trump Tower the President had asked him to vote against Roe v. Wade, Gorsuch replied "I would have walked out the door".[41]

Democratic senators continued to criticize Gorsuch on his dissent in the truck driver case, with Dianne Feinstein asking him "will you be for the little men" and Democrat Al Franken telling the judge his position was "absurd", going on to say "I had a career in identifying absurdity" (in reference to his former career as a comedian).[41] Democrat Patrick Leahy used his time to praise Judge Garland, criticize those policies of President George W. Bush that Gorsuch had defended at the Justice Department, and to ask Gorsuch how he would rule in Washington v. Trump. He refused to comment on active litigation, explained that Justice Department lawyers must defend their client, but did say that Garland is "an outstanding judge" and that Gorsuch always reads his opinions with "special care".[41]

On the third day of hearings, March 22, Gorsuch continued to answer committee members' questions. Republican Orrin Hatch asked Gorsuch if "you think your writings reflect a knee-jerk attitude against common-sense regulations", to which the judge replied "no".[42] Democrat Sheldon Whitehouse spent the bulk of his allotted time describing to Gorsuch the negative effects of "Dark money" contributed by unknown donors. He also warned that the Court's 2010 Citizens United ruling raises the risk that some factions could gain a monopoly of power and influence in the political sphere, and asked Gorsuch if would be subject to "capture" by big business, to which he replied "nobody will capture me".[43][44]

During her allotted time, Democrat Amy Klobuchar pressed Gorsuch on what she viewed as his "selective originalism," observing that Gorsuch, who self-identifies as an originalist, had not consistently interpreted legal texts, including the Constitution, by the original public meaning that they would have had at the time that they became law.[43] Later, when Dianne Feinstein asked him a question on the Equal Protection Clause, Gorsuch replied saying, "no one is looking to return us to horse and buggy days" and that "it matters not a whit that some of the drafters of the Fourteenth Amendment were racists. Because they were. Or sexists, because they were. The law they drafted promises equal protection of the laws to all persons. That's what they wrote."[43]

That same day, the Supreme Court unanimously reversed the Tenth Circuit in an Individuals with Disabilities Education Act case Gorsuch had not been involved in, although in 2008 he had written for a unanimous panel applying the same circuit precedent.[44] Still, Senate Minority Leader Charles Schumer said this demonstrated "a continued, troubling pattern of Judge Gorsuch deciding against everyday Americans, even children who require special assistance at school".[43]

Gorsuch confirmation hearing witnesses
Date	Name	Role
March 20	Michael Bennet, Senator (D-CO)	Introducer
	Cory Gardner, Senator (R-CO)	Introducer
	Neal Katyal, former acting U.S. Solicitor General (May 2010 – June 2011)	Introducer
March 20 through March 22	Neil Gorsuch	Nominee
March 23	Nancy Scott Degan, Chair, American Bar Association Standing Committee on the Federal Judiciary	Congressional witness
	Shannon Edwards, Member, American Bar Association Standing Committee on the Federal Judiciary	Congressional witness
	Deanell Reece Tacha, Pepperdine University School of Law Duane And Kelly Roberts Dean And Professor Of Law, U.S. Court Of Appeals Judge (Retired)	Republican witness
	Robert Harlan Henry, President of Oklahoma City University, U.S. Court Of Appeals Judge (Retired)	Republican witness
	John L. Kane Jr., United States federal judge, United States District Court for the District of Colorado	Republican witness
	Leah Bressack, former law clerk	Republican witness
	Elisa Massimino, President and CEO, Human Rights First	Democratic witness
	Jameel Jaffer, Executive Director, Columbia University/Knight First Amendment Institute	Democratic witness
	Jeff Perkins	Democratic witness
	Guerino J. Calemine, III, General Counsel, Communication Workers of America	Democratic witness
	Jeff Lamken, Partner, MoloLamken	Republican witness
	Lawrence Solum, Carmack Waterhouse Professor Of Law, Georgetown University Law Center	Republican witness
	Jonathan Turley, J.B. And Maurice C. Shapiro Professor Of Public Interest Law, The George Washington University Law School	Republican witness
	Karen Harned, Executive Director, National Federation Of Independent Business Small Business Legal Center	Republican witness
	Heather McGhee, President, Demos	Democratic witness
	Fatima Goss Graves, Senior Vice President For Program & President-Elect, National Women's Law Center	Democratic witness
	Patrick Gallagher, Director, Sierra Club Environmental Law Program	Democratic witness
	Eve Hill, Partner, Brown Goldstein Levy	Democratic witness
	Peter Kirsanow, Commissioner, U.S. Commission On Civil Rights; Partner, Benesch, Friedlander, Coplan & Aronoff	Republican witness
	Alice Fisher, Partner, Latham & Watkins	Republican witness
	Hannah Smith, Senior Counsel, Becket Fund	Republican witness
	Timothy Meyer, former law clerk	Republican witness
	Jamil N. Jaffer, former law clerk	Republican witness
	Kristen Clarke, President & CEO, Lawyers Committee For Civil Rights Under Law	Democratic witness
	Sarah Warbelow, Legal Director, Human Rights Campaign	Democratic witness
	Amy Hagstrom Miller, President, CEO, & Founder, Whole Woman's Health	Democratic witness
	William Marshall, William Rand Kenan Jr. Distinguished Professor Of Law, University Of North Carolina	Democratic witness
	Sandy Phillips	Democratic witness

Plagiarism allegations

On April 4, BuzzFeed and Politico ran articles highlighting similar language occurring in Gorsuch's book The Future of Assisted Suicide and Euthanasia and an earlier law review article by Abigail Lawlis Kuzma, Indiana's deputy attorney general. Academic experts contacted by Politico "differed in their assessment of what Gorsuch did, ranging from calling it a clear impropriety to mere sloppiness".[45][46][47][48]

John Finnis, who supervised Gorsuch's Oxford dissertation at Oxford stated, "The allegation is entirely without foundation. The book is meticulous in its citation of primary sources. The allegation that the book is guilty of plagiarism because it does not cite secondary sources which draw on those same primary sources is, frankly, absurd." Kuzma stated, "I have reviewed both passages and do not see an issue here, even though the language is similar. These passages are factual, not analytical in nature, framing both the technical legal and medical circumstances of the 'Baby/Infant Doe' case that occurred in 1982."[48] Noah Feldman, a Harvard Law professor, thought that Gorsuch had committed "minor plagiarism", that deserved "no more punishment than the embarrassment attendant on its revelation".[49]

Senate votes

Judiciary Committee

On April 3, 2017, the Senate Judiciary Committee endorsed the Gorsuch nomination, sending it to the full Senate for final action by an 11–9[11] party-line vote, with all Republican members voting for him and all Democratic members voting against. The last time the committee's vote to approve a Supreme Court nominee split precisely along party lines was in 2006 on the Samuel Alito nomination.[50][51][52]

Filibuster

Protesters at Foley Square in Lower Manhattan, New York City urged Senate Democrats to filibuster the Neil Gorsuch nomination, April 1, 2017

Gorsuch needed to win a simple majority vote of the full Senate (51 votes) to be confirmed; however, a filibuster by the opposition would add an additional requirement, a three-fifth supermajority vote in favor of cloture (60 votes), which would allow debate to end and force a final vote on confirmation. At the time, Republicans held 52 seats in the 100-seat Senate, and could also count on (if needed) the tie-breaking vote of Vice President Pence, acting in his Constitutional capacity as President of the Senate.[53] After nominating Gorsuch, President Trump called on the Senate to use the "nuclear option" and abolish the filibuster for Supreme Court appointments if its continued existence would prevent Gorsuch's confirmation.[54] The nuclear option was used in 2013 by then-Majority Leader Harry Reid to abolish filibusters for all presidential appointments except nominations to the Supreme Court.[52]

While some Republicans such as John McCain expressed reluctance about abolishing the filibuster for executive appointments, others such as John Cornyn argued that the Republican majority should reserve all options necessary to confirm Gorsuch.[53] Other political commentators have proposed that that Senate Republican leadership adopt a strategic use of Standing Rule XIX to avoid the elimination of the filibuster.[55][56]

During the last day of committee hearings, Senate Minority Leader Chuck Schumer announced that he would filibuster the nomination.[57] Democratic opposition focused on complaints saying that Scalia's seat should have been filled by President Obama.[58][59] In addition, Democrats Al Franken, Elizabeth Warren, and Kamala Harris, along with Independent Bernie Sanders each criticized various aspects of Gorsuch's record. Additionally, Jeff Merkley said he would do "anything in his power"—including the power of filibustering—to oppose Gorsuch's nomination.[60]

On April 6, 2017, Democrats launched a filibuster against Gorsuch's nomination. In response, Republicans invoked the nuclear option and changed the Senate rules to end filibusters for Supreme Court nominees. The move came after Democrats blocked the nomination under the previous rule, when only four Democrats crossed-over and voted with Republicans for cloture: Michael Bennet, Joe Donnelly, Heidi Heitkamp and Joe Manchin.[61] After the rules change, a second cloture vote was held, this one, needing only 51 votes, passed, bringing debate to a close.[62]

Full Senate

The Senate confirmed Neil Gorsuch to be an associate justice of the Supreme Court on April 7, 2017, by a vote of 54–45.[11] All Republicans present, along with Democrats Joe Manchin, Heidi Heitkamp and Joe Donnelly, voted to confirm him.[63] Republican Johnny Isakson, who had supported the nomination, was absent for the vote because he was recovering from back surgery.[64]

Vote to confirm the Gorsuch nomination
April 7, 2017	Party			Total votes
	Democratic	Republican	Independent
Yea	3	51	0	54  (54.55%)
Nay	43	0	2	45  (45.45%)
Result: Confirmed
Roll call vote on the nomination Senator Party State Vote Lamar Alexander R Tennessee Yea Tammy Baldwin D Wisconsin Nay John Barrasso R Wyoming Yea Michael Bennet D Colorado Nay Richard Blumenthal D Connecticut Nay Roy Blunt R Missouri Yea Cory Booker D New Jersey Nay John Boozman R Arkansas Yea Sherrod Brown D Ohio Nay Richard Burr R North Carolina Yea Maria Cantwell D Washington Nay Shelley Moore Capito R West Virginia Yea Ben Cardin D Maryland Nay Tom Carper D Delaware Nay Bob Casey Jr. D Pennsylvania Nay Bill Cassidy R Louisiana Yea Thad Cochran R Mississippi Yea Susan Collins R Maine Yea Chris Coons D Delaware Nay Bob Corker R Tennessee Yea John Cornyn R Texas Yea Catherine Cortez Masto D Nevada Nay Tom Cotton R Arkansas Yea Mike Crapo R Idaho Yea Ted Cruz R Texas Yea Steve Daines R Montana Yea Joe Donnelly D Indiana Yea Tammy Duckworth D Illinois Nay Dick Durbin D Illinois Nay Mike Enzi R Wyoming Yea Joni Ernst R Iowa Yea Dianne Feinstein D California Nay Deb Fischer R Nebraska Yea Jeff Flake R Arizona Yea Al Franken D Minnesota Nay Cory Gardner R Colorado Yea Kirsten Gillibrand D New York Nay Lindsey Graham R South Carolina Yea Chuck Grassley R Iowa Yea Kamala Harris D California Nay Maggie Hassan D New Hampshire Nay Orrin Hatch R Utah Yea Martin Heinrich D New Mexico Nay Heidi Heitkamp D North Dakota Yea Dean Heller R Nevada Yea Mazie Hirono D Hawaii Nay John Hoeven R North Dakota Yea Jim Inhofe R Oklahoma Yea Johnny Isakson R Georgia Absent Ron Johnson R Wisconsin Yea Tim Kaine D Virginia Nay John Neely Kennedy R Louisiana Yea Angus King I Maine Nay Amy Klobuchar D Minnesota Nay James Lankford R Oklahoma Yea Patrick Leahy D Vermont Nay Mike Lee R Utah Yea Joe Manchin D West Virginia Yea Ed Markey D Massachusetts Nay John McCain R Arizona Yea Claire McCaskill D Missouri Nay Mitch McConnell R Kentucky Yea Bob Menendez D New Jersey Nay Jeff Merkley D Oregon Nay Jerry Moran R Kansas Yea Lisa Murkowski R Alaska Yea Chris Murphy D Connecticut Nay Patty Murray D Washington Nay Bill Nelson D Florida Nay Rand Paul R Kentucky Yea David Perdue R Georgia Yea Gary Peters D Michigan Nay Rob Portman R Ohio Yea Jack Reed D Rhode Island Nay Jim Risch R Idaho Yea Pat Roberts R Kansas Yea Mike Rounds R South Dakota Yea Marco Rubio R Florida Yea Bernie Sanders I Vermont Nay Ben Sasse R Nebraska Yea Brian Schatz D Hawaii Nay Chuck Schumer D New York Nay Tim Scott R South Carolina Yea Jeanne Shaheen D New Hampshire Nay Richard Shelby R Alabama Yea Debbie Stabenow D Michigan Nay Luther Strange R Alabama Yea Dan Sullivan R Alaska Yea Jon Tester D Montana Nay John Thune R South Dakota Yea Thom Tillis R North Carolina Yea Pat Toomey R Pennsylvania Yea Tom Udall D New Mexico Nay Chris Van Hollen D Maryland Nay Mark Warner D Virginia Nay Elizabeth Warren D Massachusetts Nay Sheldon Whitehouse D Rhode Island Nay Roger Wicker R Mississippi Yea Ron Wyden D Oregon Nay Todd Young R Indiana Yea Source: [65]

On April 10, Gorsuch took the prescribed constitutional and judicial (set by federal law) oaths of office, and became the 113th member of the Supreme Court.[66] At age 49, he was the youngest person to join the Court since Clarence Thomas, at age 43, in 1991. Also, having been a law clerk for Anthony Kennedy (1993–94), he became the first Supreme Court justice to serve alongside a justice for whom he had previously clerked.[67]

See also

• Demographics of the Supreme Court of the United States
• Donald Trump Supreme Court candidates
• First 100 days of Donald Trump's presidency
• List of nominations to the Supreme Court of the United States

References

1. Killough, Ashley (April 7, 2017). "GOP triggers nuclear option on Neil Gorsuch nomination". CNN. Archived from the original on April 11, 2019. Retrieved April 7, 2017.
2. Liptak, Adam (April 17, 2017). "Bitter Fight Behind Him, Justice Gorsuch Starts Day With Relish". The New York Times. Archived from the original on April 18, 2017. Retrieved April 18, 2017.
3. Liptak, Alan (February 13, 2016). "Justice Antonin Scalia, Who Led a Conservative Renaissance on the Supreme Court, Is Dead at 79". The New York Times. Archived from the original on February 18, 2016. Retrieved February 18, 2016.
4. Hennessy-Fiske, Molly (February 14, 2016). "Scalia's last moments on a Texas ranch — quail hunting to being found in 'perfect repose'". Los Angeles Times. Archived from the original on February 18, 2016. Retrieved February 18, 2016.
5. Gresko, Jessica (February 14, 2016). "Scalia's death in office a rarity for modern Supreme Court". Associated Press. Archived from the original on February 16, 2016. Retrieved February 15, 2016.
6. Bomboy, Scott (August 13, 2014). "The facts about Supreme Court nominations and Senate control". Constitution Daily. Philadelphia, Pennsylvania: National Constitution Center. Archived from the original on June 16, 2019. Retrieved June 15, 2019.
7. Howe, Amy (February 13, 2016). "Supreme Court vacancies in presidential election years". SCOTUSblog. Archived from the original on February 17, 2016. Retrieved February 18, 2016.
8. Helmore, Edward (February 14, 2016). "Republicans and Democrats draw battle lines over supreme court nomination". The Guardian. ISSN 0261-3077. Archived from the original on February 15, 2016. Retrieved February 15, 2016.
9. Chemerinsky, Erwin (April 6, 2016). "What If the Supreme Court Were Liberal?". The Atlantic. Archived from the original on December 20, 2016. Retrieved December 16, 2016.
10. Jess Bravin, President Obama’s Supreme Court Nomination of Merrick Garland Expires Archived March 10, 2017, at the Wayback Machine, The Wall Street Journal (January 3, 2017).
11. McMillion, Barry J.; Rutkus, Denis Steven (July 6, 2018). "Supreme Court Nominations, 1789 to 2017: Actions by the Senate, the Judiciary Committee, and the President" (PDF). CRS Report (RL33225). Washington, D.C.: Congressional Research Service. Archived (PDF) from the original on August 9, 2019. Retrieved June 17, 2019.
12. Calfas, Jennifer (January 31, 2017). "Merkley vows to fight Trump's nominee to fill 'stolen' Supreme Court". The Hill. Archived from the original on February 2, 2017. Retrieved February 2, 2017.
13. Everett, Burgess (October 27, 2016). "Republicans at war over Supreme Court". Politico. Archived from the original on February 3, 2017. Retrieved February 2, 2017.
14. Rappeport, Alan; Savage, Charlie (May 18, 2016). "Donald Trump Releases List of Possible Supreme Court Picks". The New York Times. Archived from the original on July 22, 2016.
15. Flores, Reena; Garrett, Major (September 23, 2016). "Donald Trump expands list of possible Supreme Court picks". CBS News. Archived from the original on November 30, 2016. Retrieved November 13, 2016.
16. Goldmacher, Shane; Johnson, Eliana; Gerstein, Josh (January 31, 2017). "How Trump got to yes on Gorsuch". Politico. Archived from the original on February 1, 2017. Retrieved February 1, 2017.
17. Eric Lipton; Jeremy W. Peters (March 19, 2017). "In Gorsuch, Conservative Activist Sees Test Case for Reshaping the Judiciary". The New York Times. p. A1. Archived from the original on April 6, 2017. Retrieved April 8, 2017.
18. Jackson, David (February 1, 2017). "Why Trump chose Neil Gorsuch as his Supreme Court nominee". USA Today. Archived from the original on February 2, 2017. Retrieved February 2, 2017.
19. "Trump chooses Neil Gorsuch, a conservative seen as likely to be confirmed, for Supreme Court". Los Angeles Times. Archived from the original on January 31, 2017. Retrieved February 1, 2017.
20. Enten, Harry. "How Conservative A Supreme Court Nominee Can Trump Get Through The Senate?". FiveThirtyEight. Archived from the original on January 31, 2017. Retrieved February 1, 2017.
21. Konnikova, Maria. "The 4 Rules That Will Explain Neil Gorsuch's Confirmation Fight". Politico. Archived from the original on February 1, 2017. Retrieved February 1, 2017.
22. Primus, Richard (January 31, 2017). "Trump Picks Scalia 2.0". Politico. Archived from the original on February 1, 2017. Retrieved February 2, 2017.
23. Parlapano, Alicia; Yourish, Karen (February 1, 2017). "Where Neil Gorsuch Would Fit on the Supreme Court". The New York Times. Archived from the original on February 2, 2017. Retrieved February 2, 2017.
24. Parker, Ashley; Dawsey, Josh; Barnes, Robert (December 18, 2017). "Trump talked about rescinding Gorsuch's nomination". The Washington Post. ISSN 0190-8286. Archived from the original on December 19, 2017. Retrieved December 19, 2017.
25. Clauss, Kyle Scott (February 1, 2017). "Neil Gorsuch, Trump's Supreme Court Pick, Attended Harvard Law with Obama". Boston. Boston, Massachusetts. Archived from the original on February 2, 2017. Retrieved February 3, 2017.
26. Boyer, Dave (February 1, 2017). "Former Obama official endorses Gorsuch nomination for Supreme Court". The Washington Times. Washington, DC. Archived from the original on February 2, 2017. Retrieved February 3, 2017. I have no doubt that if confirmed, Judge Gorsuch would help to restore confidence in the rule of law," Mr. Katyal wrote in a New York Times op-ed. "His years on the bench reveal a commitment to judicial independence — a record that should give the American people confidence that he will not compromise principle to favor the president who appointed him.
27. "NRA Applauds Neil Gorsuch's Nomination to the U.S. Supreme Court". NRA-ILA. January 31, 2017. Archived from the original on February 4, 2017. Retrieved February 3, 2017.
28. Beckett, Lois (February 1, 2017). "NRA cheers nomination of Neil Gorsuch, seen as gun rights defender". The Guardian. Archived from the original on February 25, 2017. Retrieved February 24, 2017.
29. "SAF Impressed With Judge Neil Gorsuch For Supreme Court". Yahoo!. Archived from the original on February 25, 2017. Retrieved February 24, 2017.
30. "Opinion - Nancy Pelosi and gun control groups claim that Neil Gorsuch sides with 'felons over gun safety'". The Washington Post. Archived from the original on February 3, 2017. Retrieved February 3, 2017.
31. "Statement from Americans for Responsible Solutions and the Law Center to Prevent Gun Violence on Nomination of Judge Neil Gorsuch to United States Supreme Court". americansforresponsiblesolutions.org. January 31, 2017. Archived from the original on February 25, 2017. Retrieved February 24, 2017.
32. Carroll, Lauren (February 2, 2017). "Does Neil Gorsuch side with 'felons over gun safety,' as Pelosi says?". PolitiFact. Archived from the original on February 4, 2017. Retrieved February 3, 2017.
33. Center, Claudia (February 2, 2017). "Supreme Court Nominee Neil Gorsuch Has a Troubling History When Ruling on Disability Rights Cases". ACLU. Archived from the original on February 4, 2017. Retrieved February 3, 2017.
34. Zauzmer, Julie (February 1, 2017). "Neil Gorsuch belongs to a notably liberal church — and would be the first Protestant on the Court in years". The Washington Post. Archived from the original on February 4, 2017. Retrieved February 4, 2017.
35. "Gorsuch's Dark-Money Benefactor Attended His White House Swearing-In Ceremony". Slate. Archived from the original on February 26, 2018. Retrieved February 26, 2018.
36. Cowan, Richard (February 1, 2017). "Senate Judiciary Democrat says panel should hold hearings for Gorsuch". Reuters. Archived from the original on February 1, 2017. Retrieved February 2, 2017.
37. Kim, Seung Min (March 9, 2017). "DOJ sends 144,000 pages of Gorsuch documents to Senate". Politico. Archived from the original on March 15, 2017. Retrieved March 14, 2017.
38. "Nomination of the Honorable Neil M. Gorsuch to be an Associate Justice of the Supreme Court of the United States". Washington, D.C.: United States Senate Committee on the Judiciary. Archived from the original on March 22, 2017. Retrieved March 21, 2017.
39. Matt Flegenheimer (March 21, 2017). "Gorsuch Tries to Put Himself Above Politics in Confirmation Hearing". The New York Times. p. A20. Archived from the original on March 22, 2017. Retrieved March 23, 2017.
40. Durbin, Gorsuch spar over Hobby Lobby ruling Archived April 20, 2019, at the Wayback Machine, Washington Post, Robert Barnes, March 21, 2011. Retrieved April 20, 2019.
41. Adam Liptak; Matt Flegenheimer (March 22, 2017). "Gorsuch Asserts He Would Be Able To Buck Trump – Has Made 'No Promises' – Expansive and Evasive in Sometimes Tense Questioning". The New York Times. p. A1. Archived from the original on March 23, 2017. Retrieved March 23, 2017.
42. Matt Flegenheimer. "Of Horse v. Duck, Mutton Busting and Other Confirmation Diversions". The New York Times. p. A16. Archived from the original on March 23, 2017. Retrieved March 23, 2017.
43. Liptak, Adam; Flegenheimer, Matt (March 23, 2017). "Democrats Fail to Move Gorsuch Off Script and Beyond Generalities". The New York Times. p. A17. Archived from the original on March 23, 2017. Retrieved March 23, 2017.
44. Ford, Matt (March 22, 2017). "Gorsuch: Roe v. Wade Is the 'Law of the Land': At Wednesday's hearing, Democratic senators adopted a new strategy to press the Supreme Court nominee on abortion and campaign finance". The Atlantic. Archived from the original on June 20, 2019. Retrieved June 20, 2019.
45. Geidner, Chris (April 4, 2017). "A Short Section In Neil Gorsuch's 2006 Book Appears To Be Copied From A Law Review Article". BuzzFeed. Archived from the original on April 10, 2017. Retrieved April 15, 2017.
46. Bresnahan, John; Everett, Burgess (April 5, 2017). "Gorsuch's writings borrow from other authors: The White House rejects any suggestion of impropriety". Politico. Archived from the original on April 11, 2017. Retrieved April 15, 2017.
47. Blake, Aaron (April 5, 2017). "Neil Gorsuch's 11th-hour plagiarism scare". The Washington Post. Archived from the original on December 3, 2018. Retrieved June 20, 2019.
48. Logan, Bryan (April 4, 2016). "Neil Gorsuch is accused of plagiarism amid a heated Supreme Court confirmation fight". Business Insider. Archived from the original on April 18, 2017. Retrieved April 15, 2017.
49. Feldman, Noah (April 5, 2017). "Gorsuch's Plagiarism Is Worthy of Embarrassment: But the copying found in the judge's book isn't disqualifying for the Supreme Court". Bloomberg. Archived from the original on April 8, 2017. Retrieved April 15, 2017.
50. "Judiciary Committee Votes On Recent Supreme Court Nominees". Washington, D.C.: Senate Committee on the Judiciary. Compiled by the Senate Library. Archived from the original on June 5, 2019. Retrieved June 20, 2019.
51. Flegenheimer, Matt (April 3, 2017). "Senate Judiciary Committee Approves Gorsuch in Party-Line Vote". The New York Times. Archived from the original on April 6, 2019. Retrieved April 4, 2017.
52. Berenson, Tessa (April 3, 2017). "Senate Judiciary Committee Just Approved Neil Gorsuch's Nomination". Time. Archived from the original on April 3, 2017. Retrieved April 4, 2017.
53. Everett, Burgess; Bresnahan, John; Min Kim, Seung (February 1, 2017). "GOP won't rule out killing the filibuster for Supreme Court pick". Politico. Archived from the original on February 2, 2017. Retrieved February 2, 2017.
54. Jackson, David (February 1, 2017). "Trump: Go 'nuclear' and abolish filibuster on Gorsuch vote if needed". USA Today. Archived from the original on February 1, 2017. Retrieved February 2, 2017.
55. Wallner, James; Corrigan, Ed (January 23, 2017). "A Rules-Based Strategy for Overcoming Minority Obstruction of a Supreme Court Nomination". Heritage Foundation. Archived from the original on April 1, 2017. Retrieved March 31, 2017.
56. Davis, Sean (February 7, 2017). "Here's How Republicans Can Confirm Supreme Court Nominees Without The Nuclear Option". The Federalist. Archived from the original on April 1, 2017. Retrieved March 31, 2017.
57. Matt Flegenheimer; Charlie Savage; Adam Liptak (March 24, 2017). "Democrats Plan to Filibuster to Thwart Gorsuch Nomination". The New York Times. p. A17. Archived from the original on April 6, 2017. Retrieved April 8, 2017.
58. "Trump's Supreme Court Nominee Is Going To Face An Angry, Partisan Senate Battle". NPR. March 30, 2016. Archived from the original on February 1, 2017. Retrieved February 1, 2017.
59. Shear, Michael D.; Liptak, Adam (January 24, 2017). "A Supreme Court Pick Is Promised. A Political Brawl Is Certain". The New York Times. Archived from the original on January 31, 2017. Retrieved February 1, 2017.
60. "Facing a 'Massive Revolt', Senate Democrats Move to Block Neil Gorsuch". Vanity Fair. Archived from the original on February 4, 2017. Retrieved February 1, 2017.
61. Killough, Ashley; Barrett, Ted (April 7, 2017). "Senate GOP triggers nuclear option to break Democratic filibuster on Gorsuch". CNN. Archived from the original on June 29, 2019. Retrieved June 20, 2019.
62. Rogin, Ali (April 6, 2017). "Senate approves 'nuclear option,' clears path for Neil Gorsuch Supreme Court nomination vote". ABC News. Archived from the original on August 4, 2019. Retrieved June 20, 2019.
63. Liptak, Adam; Flegenheimer, Matt (April 7, 2017). "Neil Gorsuch Confirmed by Senate as Supreme Court Justice". The New York Times. Archived from the original on July 10, 2018. Retrieved June 1, 2019.
64. Wolf, Richard; Kelly, Erin (April 7, 2017). "Gorsuch confirmation to have major impact on all three branches of government". USA Today. Archived from the original on June 1, 2019. Retrieved June 1, 2019.
65. "Roll Call Vote 115th Congress – 1st Session (vote number 111)". senate.gov. April 7, 2017. Archived from the original on April 29, 2017. Retrieved June 1, 2019.
66. Wolf, Richard; Jackson, David (April 10, 2017). "Neil Gorsuch sworn in as 113th Supreme Court justice". USA Today. Archived from the original on June 2, 2019. Retrieved June 1, 2019.
67. Enten, Harry (February 1, 2017). "Trump Picks Super Conservative, Super Qualified Neil Gorsuch For The Supreme Court". FiveThirtyEight. Archived from the original on February 4, 2017. Retrieved February 1, 2017.

External links

Announcement of nominee

• President Trump's Nominee for the Supreme Court Neil M. Gorsuch. The White House
• President Trump Announces Supreme Court of the United States Nominee on YouTube

Confirmation hearing witness testimony

• Michael Bennet
• Cory Gardner
• Neil Katyal
• Neil Gorsuch
• Nancy Scott Degan
• Deanell Reece Tacha
• Leah Bressack
• Elisa Massimino
• Jameel Jaffer
• Jeff Perkins
• Guerino Calemine
• Jeff Lamken
• Lawrence Solum
• Jonathan Turley
• Karen Harned
• Heagther McGhee
• Fatima Goss Graves
• Patrick Gallagher
• Eve Hill
• Peter Kirsanow
• Alice Fisher
• Hannah Smith
• Timothy Meyer
• Jamil N. Jaffer
• Kristen Clarke
• Sarah Warbelow
• Amy Hagstrom Miller
• William Marshall
• Sandy Phillips