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Trump Nominates Neil Gorsuch to the Supreme Court Trump Nominates Neil Gorsuch to the Supreme Court
(about 3 hours later)
WASHINGTON — President Trump on Tuesday nominated Judge Neil M. Gorsuch, a federal appeals court judge in Denver, to fill the Supreme Court seat left open by the death of Justice Antonin Scalia, elevating a jurist whose conservative bent and originalist philosophy fit the mold of the man he would succeed. WASHINGTON — President Trump on Tuesday nominated Judge Neil M. Gorsuch to the Supreme Court, elevating a conservative in the mold of Justice Antonin Scalia to succeed the late jurist and touching off a brutal, partisan showdown at the start of his presidency over the ideological bent of the nation’s highest court.
“Judge Gorsuch has outstanding legal skills, a brilliant mind, tremendous discipline and has earned bipartisan support,” Mr. Trump said, standing beside the judge and his wife, Louise, in the East Room of the White House. “It is an extraordinary résumé — as good as it gets.” Mr. Trump announced his selection during a much-anticipated evening ceremony that unfolded in prime time at the White House. He described Judge Gorsuch, a federal appeals court judge based in Denver, as “a man who our country really needs, and needs badly, to ensure the rule of law and the rule of justice.”
If confirmed, Judge Gorsuch would restore the 5-to-4 split between liberals and conservatives on the court, handing Justice Anthony M. Kennedy, 80, who votes with both blocs, the swing vote. “Judge Gorsuch has outstanding legal skills, a brilliant mind, tremendous discipline and has earned bipartisan support,” Mr. Trump said, standing beside the judge and his wife, Louise, as White House officials and Republican lawmakers looked on. “It is an extraordinary résumé — as good as it gets.”
At 49, Judge Gorsuch is the youngest nominee to the Supreme Court in 25 years, underscoring his potential to shape major decisions for decades to come. In choosing him, Mr. Trump reached for a reliably conservative figure in the Scalia tradition but not someone known to be divisive. But Democrats — embittered by Republican refusals for nearly a year to consider President Barack Obama’s choice to succeed Justice Scalia, and inflamed by Mr. Trump’s aggressive moves at the start of his tenure — promised a showdown over Judge Gorsuch’s confirmation.
Joined by liberal groups that plotted for weeks to fight Mr. Trump’s eventual nominee, leading Democrats signaled they would work to turn the Supreme Court dispute into a referendum on the president, and what they contend is his disregard for legal norms and the Constitution. Conservatives and business groups cheered Judge Gorsuch, calling his record distinguished and his qualifications unparalleled.
The announcement came at a particularly tumultuous moment in an extraordinarily chaotic beginning to Mr. Trump’s presidency. Just a day earlier, he dismissed the acting attorney general for refusing to defend his hard-line immigration order that started a furor across the United States over what critics condemned as a visa ban against Muslims.
“Now, more than ever, we need a Supreme Court justice who is independent, eschews ideology, who will preserve our democracy, protect fundamental rights and will stand up to a president who has already shown a willingness to bend the Constitution,” Senator Chuck Schumer of New York, the Democratic leader, said in a statement.
“The burden is on Judge Neil Gorsuch to prove himself to be within the legal mainstream and, in this new era, willing to vigorously defend the Constitution from abuses of the executive branch and protect the constitutionally enshrined rights of all Americans,” Mr. Schumer said.
He said he would insist that Judge Gorsuch meet the 60-vote threshold needed in the Senate to overcome a filibuster for his confirmation to move forward. That would either require eight Democrats to join the Senate’s 52 Republicans to advance the nomination, or force Republicans to escalate a parliamentary showdown — as Mr. Trump has already urged them to do — to change longstanding rules and push through his nominee on a simple majority vote.
Republicans and conservative groups signaled they relished a war over Judge Gorsuch’s confirmation.
“I hope members of the Senate will again show him fair consideration and respect the result of the recent election with an up-or-down vote on his nomination, just like the Senate treated the four first-term nominees of Presidents Clinton and Obama,” said Senator Mitch McConnell, Republican of Kentucky and the majority leader. He noted that the Senate confirmed Judge Gorsuch without opposition in 2006 to his current seat on the United States Court of Appeals for the 10th Circuit.
Carrie Severino, the chief counsel for the Judicial Crisis Network, a conservative group that immediately started a $10 million campaign to defend Mr. Trump’s nominee, said the coalition would mount intensive campaigns in crucial states to “force vulnerable senators to choose between obstructing and keeping their Senate seats.”
If confirmed, Judge Gorsuch would become the 113th justice and take a seat held not only by Justice Scalia, but also by Justice Robert H. Jackson, perhaps the finest writer to have served on the court. As an Episcopalian, Judge Gorsuch would be the only Protestant seated among five Catholics and three Jewish jurists.
He would restore the 5-to-4 split between conservatives and liberals on the court, returning the swing vote to Justice Anthony M. Kennedy, whose rulings have fallen on both sides of the political spectrum.
At 49, Judge Gorsuch (pronounced GORE-sutch) is the youngest nominee to the Supreme Court in 25 years, underscoring his potential to shape major decisions for decades to come. In choosing him, Mr. Trump reached for a reliably conservative figure in Justice Scalia’s mold, but not someone known to be divisive.
Mr. Trump, who recognized Justice Scalia’s wife, Maureen, in the audience as he announced his choice, heaped praise on the “late, great” jurist, saying his “image and genius was in my mind throughout the decision-making process.”Mr. Trump, who recognized Justice Scalia’s wife, Maureen, in the audience as he announced his choice, heaped praise on the “late, great” jurist, saying his “image and genius was in my mind throughout the decision-making process.”
Judge Gorsuch said he was humbled by his “most solemn assignment.”Judge Gorsuch said he was humbled by his “most solemn assignment.”
“I will do all my powers permit to be a faithful servant of the Constitution and laws of this great country,” he said. He also praised Justice Scalia as “a lion of the law.”“I will do all my powers permit to be a faithful servant of the Constitution and laws of this great country,” he said. He also praised Justice Scalia as “a lion of the law.”
The announcement presaged a bitter political battle on Capitol Hill, where Democrats in the Senate, still stung by the Republican refusal to confirm President Barack Obama’s nominee for the seat, Judge Merrick B. Garland, have promised stiff resistance. The announcement reopened the bitter wounds that dominated the political battle last year over Mr. Obama’s nominee for the seat, Judge Merrick B. Garland. Republicans refused to even consider — much less support — his nomination in the thick of a presidential campaign.
A Colorado native who was in the same class at Harvard Law School as Mr. Obama, Judge Gorsuch is known for his well-written, measured opinions that are normally, though not exclusively, conservative. A Colorado native who was in the same class at Harvard Law School as Mr. Obama, Judge Gorsuch is known for his well-written, measured opinions that are normally, though not exclusively, conservative. He holds a doctorate from Oxford University, where he was a Marshall Scholar, and was a Supreme Court law clerk to Justices Byron R. White and Kennedy. That Judge Gorsuch has a personal connection to Justice Kennedy is no accident. By choosing a familiar figure, several officials said, the White House is sending a reassuring signal to Justice Kennedy, 80, who has been mulling retirement.
He holds a Ph.D. from Oxford University, where he was a Marshall Scholar, and a pedigree as a law clerk at the Supreme Court to Justices Byron R. White and Kennedy. President George W. Bush nominated Judge Gorsuch to the federal bench in 2006. Choosing a more ideologically extreme candidate, the officials said, could have tempted Justice Kennedy to hang on to his seat for several more years, depriving Mr. Trump of another seat to fill.
Judge Gorsuch’s personal connections to Justice Kennedy are no accident. By choosing a familiar figure, several officials said, the White House is sending a reassuring signal to Justice Kennedy, 80, who has been mulling retirement. Still, Judge Gorsuch’s conservative credentials are not in doubt. He has voted in favor of employers, including Hobby Lobby, who invoked religious objections for refusing to provide some forms of contraception coverage to their female workers. And he has criticized liberals for turning to the courts rather than the legislature to achieve policy goals.
Choosing a more ideologically extreme candidate, the officials said, could tempt Justice Kennedy to hang on to his seat for several more years, depriving Mr. Trump of another seat to fill. “It is the role of judges to apply, not alter, the work of the people’s representatives,” he said on Tuesday. “A judge who likes every outcome he reaches is very likely a bad judge, stretching for results he prefers rather than those the law demands.”
Still, Judge Gorsuch’s conservative credentials are not in doubt. He has voted in favor of employers, including Hobby Lobby, who invoked religious objections for refusing to provide some forms of contraception coverage to their female workers. And he has criticized liberals for turning to the courts rather than the legislature to achieve their policy goals.
There had been speculation that Mr. Trump would choose someone with a less elite background for the court. The other finalist for the post, Judge Thomas M. Hardiman, was the first person in his family to graduate from college, and helped pay for his education by driving a taxi.
The White House had stoked suspense over Mr. Trump’s court choice in the hours before announcing it. A senior Trump administration official said both Judge Gorsuch and Judge Hardiman, the apparent runner-up, were summoned to Washington for the nomination ceremony. But only Judge Gorsuch appeared at the ceremony shortly after 8 p.m.
In an allusion to the intense foreshadowing he and his team had done to build speculation over the pick, Mr. Trump interrupted his own announcement to marvel at his showmanship: “So was that a surprise?” the president said after announcing Judge Gorsuch’s name. “Was it?”
The East Room was filled with White House officials, Republican lawmakers and reporters as Mr. Trump revealed his choice.
The president, staring down what is likely to be a bitter partisan battle over Judge Gorsuch’s confirmation, expressed hope that he could avoid such a dispute.
“I only hope that both Democrats and Republicans can come together for once, for the good of the country,” Mr. Trump said.
Judge Gorsuch is the son of Anne Gorsuch Burford, who became the first female head of the Environmental Protection Agency under President Ronald Reagan. He attended Georgetown Preparatory School, outside Washington, before going to Columbia University.Judge Gorsuch is the son of Anne Gorsuch Burford, who became the first female head of the Environmental Protection Agency under President Ronald Reagan. He attended Georgetown Preparatory School, outside Washington, before going to Columbia University.
Democrats, who declined invitations from Mr. Trump to attend the White House announcement ceremony, seemed unlikely to be satisfied with Mr. Trump’s choice. Senator Chuck Schumer of New York, the Democratic leader, has said he is ready to block any candidate he sees as outside the mainstream, a stance that could touch off a Senate showdown. There had been some speculation that Mr. Trump would choose someone with a less elite background for the court. The other finalist for the post, Judge Thomas M. Hardiman, was the first person in his family to graduate from college, and helped pay for his education by driving a taxi.
Judge Gorsuch will need to draw the support of eight Democrats to join the 52 Republicans in the Senate to surmount a filibuster and move forward with an up-or-down confirmation vote. But Mr. Trump is already urging Republicans to change longstanding rules and push through his nominee on a simple majority vote. The White House stoked suspense over Mr. Trump’s court choice in the hours before announcing it. A senior Trump administration official said both Judge Gorsuch and Judge Hardiman were summoned to Washington for the nomination ceremony. But only Judge Gorsuch appeared at the White House gathering shortly after 8 p.m.
Liberal activists rallied in front of the Supreme Court building in a swift condemnation of Mr. Trump’s choice. They derided Judge Gorsuch as a right-wing ideologue who would lay waste to important judicial decisions in areas including civil rights and abortion rights as well as environmental and worker protections. In an allusion to the intense foreshadowing he and his team did to encourage interest and speculation over the pick, Mr. Trump interrupted his own announcement to marvel at his showmanship: “So was that a surprise?” the president said after announcing Judge Gorsuch’s name. “Was it?”
Nan Aron of the Alliance for Justice called Judge Gorsuch “a disastrous choice,” adding that his record showed “no sign that he would offer an independent check on the dangerous impulses of this administration.” Ilyse Hogue of Naral Pro-Choice America said that Judge Gorsuch “represents an existential threat to legal abortion in the United States and must never wear the robes of a Supreme Court justice.” As he looked out into an audience that Democrats had refused to join — several senior lawmakers declined his invitation to attend the East Room ceremony — the president expressed hope that he could avoid a partisan battle.
Conservative groups started their own push in defending Mr. Trump’s nominee. Within minutes of the president’s announcement, organizers said, the Judicial Crisis Network was to begin the first phase of a $10 million television advertising campaign on the nominee’s behalf, along with a website promoting Mr. Trump’s pick. More than 50 groups were backing the effort, including gun rights and anti-abortion rights activists and the Tea Party. “I only hope that both Democrats and Republicans can come together for once, for the good of the country,” Mr. Trump said.
Tom Fitton, president of the right-leaning group Judicial Watch, called Mr. Trump’s nomination “a major step in the right direction in defining his presidency and moving the Supreme Court away from dangerous and destructive judicial activism.” But progressive groups had already gathered at the steps of the Supreme Court to protest a nominee they predicted would be extreme. Nan Aron of the liberal-aligned Alliance for Justice called Judge Gorsuch “a disastrous choice,” adding that his record showed “no sign that he would offer an independent check on the dangerous impulses of this administration.”
“It is good to see the president nominate someone who will follow the rule of law rather than legislate from the bench,” Mr. Fitton said. Conservatives were as ardent in their support. Tom Fitton, the president of the right-leaning group Judicial Watch, called Mr. Trump’s nomination “a major step in the right direction in defining his presidency and moving the Supreme Court away from dangerous and destructive judicial activism.”
Juanita Duggan, the president of the National Federation of Independent Business, an organization representing small businesses, said she was also heartened by the choice, because of Judge Gorsuch’s willingness to challenge “regulatory overreach.”