OnTheIssuesLogo

Neil Gorsuch on Government Reform

 

 


Strict originalist: interpret Constitution as Founders meant

Gorsuch is considered by many to hold a strict originalist interpretation of the U.S. Constitution--he is committed to reading the meaning of the document basically word for word, as he believes the Founding Fathers would have intended it 230 years ago.

Former President George W. Bush nominated Gorsuch to the U.S. Court of Appeals for the 10th Circuit in May 2006. Two months later, the Senate confirmed him by unanimous voice vote. "I resist pigeon holes. I think those are not terribly helpful, pigeon-holing someone as having this philosophy or that philosophy," Gorsuch said during his confirmation hearing, according to an online transcript of the event. "People do unexpected things and pigeon holes ignore gray areas in the law, of which there are a great many."

Source: Newsweek magazine on SCOTUS confirmation hearings , Jan 27, 2017

Administrative law: end the Chevron deference

Last August, Gorsuch made waves in the normally sleepy world of administrative law by advocating the end of a doctrine that has been tied closely to the functioning of the administrative state and the executive branch since the mid-1980s--a doctrine called Chevron deference. The basic idea behind Chevron is that, when Congress enacts a broadly worded statute whose precise contours are ambiguous, the courts should permit federal agencies to enforce it in any manner that is not clearly forbidden. Gorsuch's recent opinions in Gutierrez-Brizuela expressly urge: "We managed to live with the administrative state before Chevron. We could do it again." Ironically, Gorsuch's chief complaint about Chevron doctrine was something that would have been close to Justice Scalia's heart--that it empowers agencies to shift statutory interpretation away from courts, and subjects judicial decision-making to administrative review, rather than the other way around [whereas Scalia would disempower agencies].
Source: ScotusBlog.com on SCOTUS confirmation hearings , Jan 13, 2017

Other Justices on Government Reform: Neil Gorsuch on other issues:
Samuel Alito(since 2006)
Stephen Breyer(since 1994)
Ruth Bader Ginsburg(since 1993)
Elena Kagan(since 2010)
Anthony Kennedy(since 1988)
John Roberts(since 2005)
Sonia Sotomayor(since 2009)
Clarence Thomas(since 1991)

Former Justices:
Merrick Garland(nominated 2016)
Antonin Scalia(1986-2016)
John Paul Stevens(1975-2010)
David Souter(1990-2009)
Sandra Day O'Connor(1981-2006)
William Rehnquist(1975-2005)

Party Platforms:
Democratic Platform
Green Platform
Libertarian Platform
Natural Law Platform
Reform Platform
Republican Platform
Tea Platform
Abortion
Budget/Economy
Civil Rights
Corporations
Crime
Drugs
Education
Energy/Oil
Environment
Families/Children
Foreign Policy
Free Trade
Govt. Reform
Gun Control
Health Care
Homeland Security
Immigration
Infrastructure/Technology
Jobs
Principles/Values
Social Security
Tax Reform
War/Iraq/Mideast
Welfare/Poverty
Search for...





Page last updated: Sep 21, 2020