Unless sources are incorrect, then the insane tangerine in the White House has settled on a Supreme Court replacement for the deceased Anthony Scalia. The nominee to be is 49 year old Neil Gorsuch, from Colorado. The choice does have some impressive credentials, pretty much standard requirements for a Supreme Court justice, what really matters are his views on issues important to the American people.
One of the more important things to note, is how he views the Constitution. Gorsuch is a literalist. He believes that a Justice should:
…apply the law as it is, focusing backward, not forward, and looking to text, structure, and history to decide what a reasonable reader at the time of the events in question would have understood the law to be — not to decide cases based on their own moral convictions or the policy consequences they believe might serve society best.”
There is a problem we can see with this point of view. The original document and its revisions were not written with any idea of what the nation, or our society would be like years, decades, centuries later. When the Constitution was penned, only male property owners could vote, people could buy and sell human beings and women had few legal rights. Since its inception, much has changed about our nation even since the last amendment was passed in 1992. Much that we enjoy as freedoms and rights in this nation are not included as part of the constitution but are interpretations of the nuances of that document. Interpretation or using one’s moral conviction or policy consequences are actually necessary to see how the law may fit the current needs of the people. To think otherwise is not exactly honest.
We do know from prior rulings that he will support the falsely named “religious freedom” movement, erring towards Christian supremacy over the civil rights and choices of others, such as his dissent on a case involving the owners of the Hobby Lobby craft stores. He also has made statements against marriage equality and assisted suicide. He hasn’t made a ruling regarding abortion, but seeing Trump promising to nominate an anti-choice justice, we can guess where the Gorsuch stands.
Another bit of irony is that Gorsuch believes the justice system has become too political. Supreme Court Justices have always been political appointees or elected on the state and federal level. Many federal and appeals judges across the country have held their seats as political appointees. But then, we need to consider what he really means. He is complaining about liberal leaning judges having these positions, not conservatives. Gorsuch is unhappy with rulings that have expanded our rights which he blames on liberals, not the needs of the people in a vibrant evolving society. That doesn’t seem to line up with his rigid old world view of the Constitution.