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Supreme court nomination live: Trump picks Neil Gorsuch to be ninth justice Supreme court nomination live: Trump picks Neil Gorsuch to be ninth justice
(35 minutes later)
1.54am GMT
01:54
Ben Sasse – the conservative Republican senator for Nebraska who didn’t vote for Trump in November – is having a little fun with his statement (although the qualifying “hogwash” suggests he wants to be sure we don’t take the hyperbole seriously):
Neil Gorsuch is a highly-regarded jurist with a record of distinguished service, rooted in respect for the law. He was confirmed unanimously by Democrats and Republicans.
Senator Schumer is about to tell Americans that Judge Gorsuch kicks puppies and heckles piano recitals. That’s hogwash.
Democrats are working overtime to cast Judge Gorsuch as a reflexive partisan but, as I said when Justice Scalia died, there are no Republican or Democratic seats on the supreme court. This shouldn’t be a partisan debate but an opportunity to teach our kids civics.
In the coming weeks, everyone who loves the constitution should celebrate the uniquely American idea that government power must be limited and that those in power must be checked and balanced.
1.48am GMT
01:48
Sensing some sarcasm from the Democratic representative for California:
Just like Merrick Garland, Neil Gorsuch is a respected judge. He should receive the same type of fair & honest consideration in the Senate.
1.46am GMT
01:46
Republican Senate leader Mitch McConnell says Trump has made an “outstanding decision”, saying Gorsuch has:
a long record of faithfully applying the law and the constitution.
McConnell notes that Gorsuch was confirmed by voice vote in the Senate in 2006:
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.
(But not like Obama’s second-term nominee Merrick Garland, he might have added, but didn’t.)
1.41am GMT
01:41
I don’t believe he’s tweeting from it himself, but Neil Gorsuch has a new verified Twitter account: @GorsuchFacts.
The bio reads:
Judge Gorsuch will be fair to all regardless of their background or beliefs. This is exactly the kind of #SCOTUS Justice @POTUS promised. #JusticeGorsuch
Join us in congratulating Judge Neil Gorsuch on his nomination for #SCOTUS! Read his bio here: https://t.co/Im2VNUG6Bk #JusticeGorsuch pic.twitter.com/7HD7Xzc29L
1.36am GMT
01:36
Where does Gorsuch stand?
Tom McCarthy
Gorsuch’s track record as a judge on the US court of appeals for the 10th circuit does not shed obvious light on how he might rule as a supreme court justice on hot-button topics such as abortion and marriage equality. He is the author of a book about euthanasia in which he writes, “to act intentionally against life is to suggest that its value rests only on its transient instrumental usefulness for other ends”.
Ideological strands running through Gorsuch’s appeals court rulings would seem likely to endear him to congressional Republicans and Trump’s conservative base. He has shown himself to be solicitous to claims of religious exemptions from the law, to gun rights claims and to the prosecution of death penalty cases.
During Trump’s announcement, Gorsuch addressed the crowd briefly, declaring himself “honored and humbled” and promising to be a “faithful servant to the constitution and laws of this great country” and paying tribute to the principles of partiality, independence, collegiality and courage.
“A judge who likes every outcome he reaches is very likely a bad judge,” Gorsuch said, “stretching” for rulings he desires instead of reading the law on the page.
1.32am GMT
01:32
Chuck Schumer, the Democratic minority leader in the Senate, says Gorsuch must also be subject to the 60-vote “super-majority” rule – “a bar that was met by each of President Obama’s nominees” – rather than a simple majority confirmation:
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.
Given his record, I have very serious doubts about Judge Gorsuch’s ability to meet this standard.
1.26am GMT
01:26
A dissenting voice comes from Democratic Senator Patrick Leahy, the minority leader of the Senate committee on the judiciary.
Leahy says:
In light of the unconstitutional actions of our new president in just his first week, the Senate owes the American people a thorough and unsparing examination of this nomination …
President Trump said he would appoint justices who would overturn 40 years of jurisprudence established in Roe v Wade. Judge Gorsuch has shown a willingness to limit women’s access to healthcare that suggests the president is making good on that promise …
I question whether Judge Gorsuch meets the high standard set by Merrick Garland.
1.21am GMT
01:21
Texas Senator Ted Cruz is also a happy man:
Our country desperately needs #SCOTUS justices who revere the Constitution and are willing to elevate it over their own personal preferences https://t.co/bKGwBnhVyx
I wholeheartedly applaud President Trump for nominating Judge Gorsuch: https://t.co/nJ2kxct3vM
1.17am GMT1.17am GMT
01:1701:17
Vice-president Mike Pence is on board:Vice-president Mike Pence is on board:
Judge Gorsuch is one of the most mainstream, respected, and exceptionally qualified Supreme Court nominees in American history.Judge Gorsuch is one of the most mainstream, respected, and exceptionally qualified Supreme Court nominees in American history.
“Mainstream” is an interesting choice of word – a challenge to Democrats who had signalled the possibility of blocking or slowing any confirmation of a Trump pick.“Mainstream” is an interesting choice of word – a challenge to Democrats who had signalled the possibility of blocking or slowing any confirmation of a Trump pick.
1.14am GMT1.14am GMT
01:1401:14
“Impartiality and independence, collegiality and courage” is what is expected of judges, Gorsuch says.“Impartiality and independence, collegiality and courage” is what is expected of judges, Gorsuch says.
A judge who likes every outcome he reaches is very likely a bad judge.A judge who likes every outcome he reaches is very likely a bad judge.
He says he will speak to people on both sides ahead of his confirmation.He says he will speak to people on both sides ahead of his confirmation.
He says his family, friends and faith keep him grounded, and thanks them. His wife Louise is standing beside him at the lectern.He says his family, friends and faith keep him grounded, and thanks them. His wife Louise is standing beside him at the lectern.
Gorsuch winds up by saying he is honored and humbled, and thanks Trump.Gorsuch winds up by saying he is honored and humbled, and thanks Trump.
1.13am GMT1.13am GMT
01:1301:13
Tom McCarthyTom McCarthy
President Donald Trump has nominated circuit court judge Neil Gorsuch to fill the vacant seat on the US supreme court, setting up a showdown with congressional Democrats and activists over a pick that could shape the ideological bent of the court for a generation.President Donald Trump has nominated circuit court judge Neil Gorsuch to fill the vacant seat on the US supreme court, setting up a showdown with congressional Democrats and activists over a pick that could shape the ideological bent of the court for a generation.
Gorsuch, 49, the youngest supreme court nominee in 25 years, was among a group of federal judges reported in recent weeks to be on Trump’s shortlist. A strict adherent of judicial restraint known for sharply-written opinions and bedrock conservative views, Gorsuch, a Colorado native, is popular among his peers and is seen as having strong backing among Republicans generally.Gorsuch, 49, the youngest supreme court nominee in 25 years, was among a group of federal judges reported in recent weeks to be on Trump’s shortlist. A strict adherent of judicial restraint known for sharply-written opinions and bedrock conservative views, Gorsuch, a Colorado native, is popular among his peers and is seen as having strong backing among Republicans generally.
The nomination landed at a moment of sharply-increasing alarm that the Trump administration plans to pursue extremist policies on core questions likely to come before the court, from religious equality to abortion rights to campaign finance, voting rights, access to healthcare, marriage equality, anti-discrimination protections and more.The nomination landed at a moment of sharply-increasing alarm that the Trump administration plans to pursue extremist policies on core questions likely to come before the court, from religious equality to abortion rights to campaign finance, voting rights, access to healthcare, marriage equality, anti-discrimination protections and more.
Trump’s nominee has the potential to tip the court one way or the other on those questions. If confirmed, Gorsuch would return the court to nine justices, filling a seat left vacant since the death of Justice Antonin Scalia in February 2016.Trump’s nominee has the potential to tip the court one way or the other on those questions. If confirmed, Gorsuch would return the court to nine justices, filling a seat left vacant since the death of Justice Antonin Scalia in February 2016.
1.11am GMT1.11am GMT
01:1101:11
Gorsuch says Scalia was “a lion of the law”. His voice cracks slightly as he adds: “I miss him.”Gorsuch says Scalia was “a lion of the law”. His voice cracks slightly as he adds: “I miss him.”
1.10am GMT1.10am GMT
01:1001:10
Neil Gorsuch speaksNeil Gorsuch speaks
Gorsuch says the president and his team “have shown me great courtesy in this process”.Gorsuch says the president and his team “have shown me great courtesy in this process”.
He says he is “acutely aware of my own imperfections”.He says he is “acutely aware of my own imperfections”.
1.09am GMT1.09am GMT
01:0901:09
While in law school Gorsuch developed a reputation for helping the less fortunate, Trump says.While in law school Gorsuch developed a reputation for helping the less fortunate, Trump says.
He could have had any job at any law firm with any amount of money … He wanted to make an impact.He could have had any job at any law firm with any amount of money … He wanted to make an impact.
He is a man who our country really needs, and needs badly, to ensure the rule of law.He is a man who our country really needs, and needs badly, to ensure the rule of law.
1.07am GMT1.07am GMT
01:0701:07
Trump says Gorsuch has “tremendous bipartisan support”.Trump says Gorsuch has “tremendous bipartisan support”.
“Was that a surprise, was it?” the president asks the audience of his pick. (It’s not clear what the answer is supposed to be.)“Was that a surprise, was it?” the president asks the audience of his pick. (It’s not clear what the answer is supposed to be.)
Trump says Gorsuch is the “ultimate” representative of the late Justice Scalia.Trump says Gorsuch is the “ultimate” representative of the late Justice Scalia.
1.05am GMT1.05am GMT
01:0501:05
Trump’s autocue might have scooped his own announcement:Trump’s autocue might have scooped his own announcement:
It's Gorsuch per the teleprompterIt's Gorsuch per the teleprompter
1.04am GMT
01:04
Trump nominates Neil Gorsuch
Gorsuch is confirmed as Trump’s nominee.
1.03am GMT
01:03
Trump arrives
The president comes to the lectern to applause.
He begins by saying that he had promised to “find the very best judge in the country for the supreme court … who loves our constitution”.
He says this “may be the most transparent” selection process in history.
12.57am GMT
00:57
Here’s frontrunner Neil Gorsuch speaking last year on finding out that Antonin Scalia had died:
A few weeks ago, I was taking a breather in the middle of a ski run with little on my mind but the next mogul field when my phone rang with the news.
I immediately lost what breath I had left, and I am not embarrassed to admit that I couldn’t see the rest of the way down the mountain for the tears.
From that moment it seemed clear to me there was no way I could give a speech about the law at this time without reference to that news.
12.52am GMT
00:52
There’s quite the gathering in the East Room of the White House for the unveiling of Trump’s pick:
Kellyanne Conway, Mitch McConnell, and Paul Ryan just arrived. Kellyanne is in the front row and they're in the second.
Antonin Scalia's son Paul is in the front row
Ted Cruz is also in the room.
Updated
at 12.54am GMT
12.49am GMT
00:49
As we wait for the Scotus announcement – in around 15 minutes from now – Reuters has news of some separate White House nominations:
President Donald Trump will nominate US attorney Rod Rosenstein to be deputy attorney general, the White House said on Tuesday, one day after Trump fired the acting attorney general Sally Yates for refusing to enforce an immigration order.
The White House also said Trump will nominate Rachel Brand to be associate attorney general and Steven Engel to be an assistant attorney general, filling senior positions as the justice department awaits Senate confirmation of Jeff Sessions to be attorney general.
12.37am GMT
00:37
If Trump was hoping for wall-to-wall reality TV-style coverage of this announcement – which is usually a more solemn, dignified affair – he’s getting it. US major broadcast networks are expected to cover live the unveiling of his supreme court pick.
Getting ready to deliver a VERY IMPORTANT DECISION! 8:00 P.M.
But it’s possible that we won’t see an Apprentice-style final face-off, with unconfirmed reports now emerging that only one contender (presumably the successful one) has made it to the White House:
SCOOP: "Only 1 of the 2" SCOTUS finalists made it to DC today, per WH official. Means *no "Apprentice"-style showdown. @HallieJackson
12.29am GMT
00:29
What do we know about Thomas Hardiman?
Tom McCarthy
Hardiman, 51, of Pennsylvania, sits on the third circuit court of appeals, to which he was appointed by Bush in 2007. A former district court judge, Hardiman graduated from Georgetown law school in Washington. If nominated and confirmed, he would be the only supreme court justice without an Ivy League law degree.
He has advanced conservative interpretations, particularly in “law and order” cases touching on issues such as sentencing guidelines, the death penalty, the right to film police and second amendment issues.
In one case, Hardiman questioned whether the first amendment protected people who videotaped police during a traffic stop.
“We conclude there was insufficient case law establishing a right to videotape police officers during a traffic stop to put a reasonably competent officer on ‘fair notice’ that seizing a camera or arresting an individual for videotaping police during the stop would violate the First Amendment,” Hardiman wrote.
12.22am GMT
00:22
What do we know about Neil Gorsuch?
Megan Carpentier
Gorsuch, 49, was appointed in 2006 by Bush to the 10th circuit court of appeals, in Denver, Colorado, and is a frequent member of Republican-leaning supreme court shortlists. He is the youngest entry on Trump’s reported shortlist.
His only book, The Future of Assisted Suicide and Euthanasia, was intended to bolster the case against its legalization; its publisher called it his central thesis “the idea that human life is intrinsically valuable and that intentional killing is always wrong”. In 2012, Michael Fragoso, a longtime anti-abortion advocate and current counsel to Arizona senator Jeff Flake, called Gorsuch and other young Bush-era judicial appointees “as good a college of judicial cardinals as the conservative and pro-life movements have ever seen”.
Gorsuch has notably used his time on the federal bench to criticize the existing volume of federal regulation as potentially unconstitutional on a variety of grounds, a point he has made in at least one public speech as well. He is a graduate of Harvard law school.
12.14am GMT
00:14
What has Trump said about his process for picking a supreme court nominee?
He promised his choice would be a “truly great” justice who is “pro-life”.
Earlier this month he told told Republicans:
I think in my mind I know who it is. I think you’re going to be very, very excited.
By Sunday – amid ongoing protests against the travel ban on visitors from seven Muslim-majority countries and a block on refugees – he had apparently made up his mind:
I have made my decision on who I will nominate for The United States Supreme Court. It will be announced live on Tuesday at 8:00 P.M. (W.H.)
12.03am GMT
00:03
Claire Phipps
President Donald Trump will shortly announce his pick for the supreme court vacancy created by the death of staunchly conservative justice Antonin Scalia in February last year.
Such nominations are rarely without controversy, of course: Barack Obama nominated Merrick Garland for the same vacancy in March 2016, warning Republicans that any delays in confirming his appointment would cause a loss of faith in the supreme court, the justice system and democracy. Garland did not become a supreme court judge.
But tonight’s announcement takes the circus to a new level: both presumed finalists – though let’s not assume there is no Trump joker card waiting to be played – have reportedly been summoned to the White House for a live broadcast announcement at 8pm ET, during which the president will tell one of the pair that he is hired.
It is not clear whether Neil Gorsuch and Thomas Hardiman, judges in Colorado and Pennsylvania respectively, themselves know who is to be handed the prize. Perhaps they will find out with the rest of us – though leaked reports suggest Gorsuch is the frontrunner.
We’ll have everything here on the live blog as it unfolds.
Updated
at 12.12am GMT