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By Mae Slater on
 June 7, 2024

Neil Gorsuch Continues To Confound Supreme Court Observers With Decisions

Neil Gorsuch, appointed to the Supreme Court by former President Donald Trump in 2017, has delivered several significant decisions, aligning with both conservative and liberal justices at different times. His unexpected rulings on various issues showcase his independent stance and highlight his unique role in the Supreme Court.

Deseret News reported that Gorsuch has carved a unique path in the Supreme Court, often breaking from the conservative pack and making independent decisions. Former President Donald Trump nominated Neil Gorsuch to the Supreme Court within weeks of taking office in 2017.

Known for his conservative credentials, Gorsuch has indeed delivered key decisions that have pleased conservatives. These include overturning Roe v. Wade, expanding access to guns, and overturning affirmative action.

Breaking from Conservative Majority

However, Gorsuch has also demonstrated a willingness to break from the conservative majority. He has aligned with Chief Justice John Roberts in several notable decisions that diverge from conservative expectations.

For instance, Gorsuch has written or joined opinions that protect gay and transgender workers, support Native American tribal sovereignty, and shield prisoners from additional jail time.

On Thursday, Gorsuch and Roberts sided with the three liberal justices in the case Becerra v. San Carlos Apache Tribe. This ruling allows Native American tribes more control over their healthcare programs. Trump’s other Supreme Court appointees, Brett Kavanaugh and Amy Coney Barrett, dissented in this ruling.

Gorsuch’s decisions remind observers of the unpredictable nature of the Supreme Court, even with a 6-3 conservative majority. His rulings have drawn criticism from conservatives, especially after he ruled that prohibitions on sex discrimination protect gay and transgender workers.

Gorsuch's independent judicial philosophy was noted even before his 2017 nomination. Legal experts and journalists have described him as unyielding to outside opinions and a libertarian opposed to unchecked government power. "He just doesn’t care at all about what anyone else — his colleagues, the press, politicians — thinks,” said Daniel Epps, a law professor at Washington University in St. Louis.

Significant Background and Perspective

Originally from Colorado, Gorsuch has a distinctive understanding of tribal issues. He played a role in the 10th U.S. Circuit Court of Appeals in Denver, appointed by President George W. Bush.

His background and experiences in Colorado have influenced his perspective on Native American tribal sovereignty. "He’s from Colorado. He knows these issues. He knows these tribes,” said John E. Echohawk, executive director of the Native American Rights Fund.

At 56, Gorsuch likely has many more years to continue influencing the Supreme Court. His recent rulings indicate that his future decisions may continue to surprise both conservatives and liberals alike.

Despite his conservative roots, Gorsuch's rulings have sometimes angered conservative figures. Erick Erickson, a conservative radio host and blogger, noted the disappointment of evangelical voters who supported Trump for his Supreme Court picks. "All those evangelicals who sided with Trump in 2016 to protect them from the cultural currents, just found their excuse to stay home in 2020 thanks to Trump’s Supreme Court picks," Erickson said.

Gorsuch’s stance on issues such as LGBTQ+ rights and tribal sovereignty demonstrates his complex judicial philosophy. He appears committed to interpreting the law as he sees it, regardless of political expectations. His decisions reflect a blend of libertarian principles and a strong sense of individual rights.

Impact on the Supreme Court

Gorsuch’s role in the Supreme Court underscores the unpredictable nature of judicial decisions.

Even with a conservative majority, the outcomes of key cases remain uncertain. His independent streak ensures that his rulings are closely watched by both supporters and critics.

In conclusion, Neil Gorsuch continues to be a pivotal figure in the Supreme Court. Appointed by Trump with conservative expectations, his independent rulings have often defied political predictions. Gorsuch’s decisions on a range of issues, from LGBTQ+ rights to tribal sovereignty, highlight his unique approach to the law. As he continues his tenure, Gorsuch’s influence on the Supreme Court is expected to remain significant and unpredictable.

Written By:
Mae Slater

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