Judge Gorsuch will carry on Scalia legacy of textualism, originalism
January 31, 2017 – Milwaukee, WI – The Wisconsin Institute for Law & Liberty, responding to President Donald Trump’s announcement that he will nominate Judge Neil Gorsuch of the United States Court of Appeals for the 10th Circuit to fill the U.S. Supreme Court vacancy following the death of Justice Antonin Scalia, releases the following statement from Rick Esenberg, president and general counsel.
“Judge Gorsuch has been a strong advocate for the principles that made Justice Scalia one of the most influential Justices in the Court’s history, namely the notions of textualism (words mean what they say) and originalism (differences as to the meaning of text should be resolved by discerning their original meaning.) These interpretive principles are not simple or easy to apply but they are an attempt by judges to base their decisions on the law that has been enacted by the people and their representatives.
“The nomination of Judge Gorsuch reflects an appreciation that we are a nation governed by the rule of law. Judge Gorsuch’s superb qualifications, demonstrated understanding of the importance of constitutionally limited government and crisp and incisive writing style make him a worthy successor to Justice Scalia. We commend President Trump for an excellent choice.
“I am particularly heartened by Judge Gorsuch’s appreciation for the separation of powers and need to carefully examine the court’s doctrine on deference to administrative agencies – a doctrine that has too often removed lawmaking from democratic influence. I am encouraged by his commitment to the freedoms delineated in our Bill of Rights without regard to what his personal preferences might be.
“We understand that Democrats may have a different understanding of our constitution and may have preferred another nominee. But the presidential election was, in many respects, a referendum on the Court and I urge them to give careful and nonpartisan consideration to the nomination of a judge with impeccable credentials. To reflexively obstruct this nomination in the first days of a new administration would be a disservice to the American people and, I suspect, a cause for Senate Republicans to reassess long-established practices. I am hopeful Democrats and Republicans in the Senate can come together and provide Judge Gorsuch with a fair hearing and timely confirmation.”
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