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5 things you need to know about Supreme Court pick Neil Gorsuch

Trump's choice to sit on the Supreme Court will face Senate hearings on Monday

5 things you need to know about Supreme Court pick Neil Gorsuch

Trump's choice to sit on the Supreme Court will face Senate hearings on Monday

WEBVTT [CAPTIONING PERFORMED BY THENATIONAL CAPTIONING INSTITUTE,WHICH IS RESPONSIBLE FOR ITSCAPTION CONTENT AND ACCURACY.VISIT NCICAP.ORG]SOLEDAD:PRESIDENT TRUMP'SSUPREME COURT NOMINEE NEILGORSUCH GOES BEFORE THE SENATEJUDICIARY COMMITTEE MONDAY.IF CONFIRMED, HE WOULD BE THEYOUNGEST MEMBER OF THE SUPREMECOURT, FILLING THE VACANCY LEFTBY JUSTICE SCALIA WHO DIED LASTYEAR.HE WAS A CLASSMATE OF PRESIDENTOBAMA'S AT HARVARD LAW SCHOOLAND HAS BEEN DESCRIBED ASPOLITICALLY TO THE RIGHT OFJUSTICE SCALIA.HE SERVED THE COURT OF APPEALSIN COLORADO FOR THE LAST 11YEARS.JEFFREY ROSEN IS PRESIDENT ANDCEO OF THE NATIONAL CONSTITUTIONCENTER, ESTABLISHED BY CONGRESSTO DISSEMINATE INFORMATION ABOUTTHE CONSTITUTION ON ANONPARTISANBASIS.HE'S WRITTEN LOTS OF BOOKS ABOUTTHE SUPREME COURT.HE JOINS US FROM PHILADELPHIA.NICE TO SEE YOU.THANKS FOR TALKING WITH US.YOU KNOW NEIL GORSUCHPERSONALLY.LET'S BEGIN WITH HOW USS HE ISPLANNING AND PREPARING FORMONDAY'S HEARING.PROF. ROSEN: I IMAGINE HE ISREADING LOTS OF OPINIONSANDCONGRESSIONAL STATUTES, AND HE'SREADING HIS OWN OPINIONS ANDPREPARING TO RESPOND TOQUESTIONS, ESPECIALLY FROMDEMOCRATS ABOUT THECONSTITUTIONAL PHILOSOPHY OFJUSTICE SCALIA.SOLEDAD: WHERE DOES HE STAND INRELATION TO SCALIA?PROF. ROSEN: SOME ANALYSIS HASSUGGESTED HE MIGHT BE TO THERIGHT OF JUSTICE SCALIA ONCERTAIN QUESTIONS, ESPECIALLYINVOLVING GOVERNMENT REGULATIONAND THE PRESIDENT'S POWER TOREGULATE THE ENVIRONMENT OR THEECONOMY, BUT IN OTHER AREAS,JUDGE GORSUCH MIGHT BE MORELIKELY THAN JUSTICE SCALIA TOCHECK PRESIDENT TRUMP.ONE AREA WHERE THEY WERE BOTHPRO-INDIVIDUAL RIGHTS IS FOURTHAMENDMENT SEARCHES AND SEIZURESCAN THE GOVERNMENTENGAGE INMASS DATA ANALYSIS?CAN IT GRAB OUR IPHONES?BOTH JUSTICE SCALIA AND JUSTICEGORSUCH HAVE SAID, NO, NOTWITHOUT GOOD REASON.ENGAGE INMASS DATA ANALYSIS?CAN IT GRAB OUR IPHONES?THAT'S ONE EXAMPLE OF HOW THEIRAPPROACH TO THE CONSTITUTION CANFAVOR INDIVIDUAL RIGHTS.SOLEDAD: IF HE STRICTLYCONSTRUES LIMITS ON FEDERAL ANDPRESIDENTIAL POWER, HOW DO YOUASSESS HOW HE MIGHT THINK ABOUTPRESIDENTIAL TWEETINGORPRESIDENTIAL EXECUTIVE ORDERS?[LAUGHTER]I KNOW YOU LAUGH, BUT I THINK ITIS NOT IRRELEVANT.PROF. ROSEN: IT'S NOT IRRELEVANTAT ALL.THE QUESTION OF WHAT HE WOULDTHINK ABOUT PRESIDENTIALTWEETING IS IMPORTANT TO HERJAMES MADISON BELIEVED THAT THEPRESIDENT SHOULD NEVERCOMMUNICATE DIRECTLY WITH THEPEOPLE.THAT WAS THE WORST THING,MADISON THOUGHT, BECAUSE ITWOULD LEAD TO DEMAGOGUERY.MADISON THOUGHT, AND GORSUCH ASWELL, MIGHT THINK OF THE IDEA OFTWEETING AT ALL IS A BAD IDEAFOR THE PROTECTION OF THE RULEOF LAW.THE EXECUTIVE ORDER IS A TOUGHQUESTION.THE BIG QUESTION IS, DO YOU LOOKAT THE TEXT OF THE LAW, WHICH INITS SECOND INCARNATION DOESN'TREFER TO RELIGION, OR AS YOUSUGGEST, DO YOU LOOK TO THEPRESIDENT'S EXTRA DO JUST --EXTRA DO JUS-JUDICIAL STATEMENTS?SOLEDAD: TALK TO ME ABOUT THETONE OF THE COURT AS A WHOLE.HE'S PRETTY TIGHT, GORSUCH, WITHJUSTICE KENNEDY, AND JUSTICEKENNEDY, NOT SO TIGHT WITHSCALIA.THAT COULD CHANGE THE DYNAMIC ONTHE COURT.PROF. ROSEN: KENNEDY HAD ANAMBIVALENT RELATIONSHIP WITH THERIGHT-WING.JUDGE GORSUCH IS VERY CLOSE TOHIM.JUDGE GORSUCH IS AN EXTREMELYKIND AND GENTLEMANLY PERSON.HE IS WARM.HE IS COLLEGIAL.YOU COULD CALL HIM A MENCH, ASIT WERE.IT'S VERY POSSIBLE THAT COULDCHANGE THE DYNAMIC.KENNEDY MIGHT BE MORE LIKELY TOCOME AROUND TO THE CONSERVATIVESIDE.SOLEDAD: FINAL QUESTION-- DOYOU GET THE FEELING, AS THENATION IS CLEARLY MORE POLARIZEDAND POLITICIZED, DO YOU FEEL THESUPREME COURT IS ALSO BECOMINGTHAT SAME WAY OR ALREADY IS?SOLEDAD: CHIEF JUSTICE ROBERTSHOPES NOT.IT IS HUGELY IMPORTANT TO HIMTHAT CITIZENS LOOK AT THE COURTAS SOMETHING ABOVE POLITICS ANDNOT A GROUP OF FIVE REPUBLICANSAGAINST FOUR LIBERALS.HIS VOTE IN THE HEALTH CARE CASEWAS EXAMPLE OF HIS EFFORT TOMAKE THE COURT A PURE LIKE ITRISES ABOVE POLITICS.THE LESS HIGH PROFILE CASES,THERE IS A HUGE RATE OFAGREEMENT.IT REMAINS THE CASE THAT ON THEBIG, HOT BUTTON ISSUES,RELIGIOUS LIBERTY, VOTINGRIGHTS, CAMPAIGN FINANCE, ANDTHE FUTURE OF ROE V. WADE, THESEARE QUESTIONS WHERE THE COURT ISDIVIDED 5-4.THE LONG DELAY THAT LED TO THENONCONFIRMATION OF MERIT GARLANDDAMAGED MATTERS.THERE'S A DANGER THAT THE COURTWILL APPEAR TO BE POLITICAL.I THINK SHE'S -- CHIEF JUSTICEROBERTS AND CHIEF GORSUCH WILLBE -- JUSTICE GORSUCH WILL BEATTUNED TO THAT.SOLEDAD: JEFFREY ROSEN, NICE TOSEE YOU.I'M LOOKING FORWARD TO A WONKYCONVERSATION.PROF. ROSEN: IT'S GOING TO BECONSTITUTIONAL HEAVEN.CITIZENS SHOULD TUNE IN.
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5 things you need to know about Supreme Court pick Neil Gorsuch

Trump's choice to sit on the Supreme Court will face Senate hearings on Monday

He has experience At age 49, Gorsuch already has marked his 10th anniversary as an appellate judge in Colorado, styling himself in the mold of the late Justice Antonin Scalia, the conservative powerhouse whom he would replace. In his writings and lectures , Gorsuch offers himself as a "workaday judge," one wearing "honest, unadorned black polyester" robes from a uniform supply store. (Those robes perhaps hiding coffee stains on the shirt underneath, Gorsuch admits.) Self-deprecation is not just his shtick. Gorsuch never mentioned to his best friend, Michael Trent, that he'd been added to the list of prospective justices Trump released last fall. Superstitious about his prospects for joining the court, the Denver-based judge put off decisions about where his family would live in Washington and his two teenage girls would attend school, telling Trent, "I'm not there yet. He's a sports nut with a sense of humor He's the sports nut who jogs with his law clerks, teaches them the Zen of fly fishing and waits at the top of the ski slopes to see which of them he'll need to help up after a fall. He's the friend whose buddies remember his spot-on impressions of Jimmy Stewart and John McLaughlin, the conservative commentator who pioneered TV political talkfests. He's the writerly judge who crafts his opinions with uncommon clarity , going so far as to diagram a sentence in one ruling. "He's someone who knows the names of the security guards at the courthouse and gets to know who their families are," says former law clerk Theresa Wardon. "He's the kind of person who talks about law for fun," says Joshua Goodbaum, another former clerk. "He's a glass-half-full kind of guy," says Luis Reyes, a former colleague at the Justice Department. He's also the judge who wrote that a university's six-month sick leave policy was "more than sufficient" for a cancer patient who sought more time off when a flu epidemic hit and she worried about how an infection might affect her weakened immune system. Says Ilyse Hogue, president of NARAL Pro-Choice America: "I'm hearing he's a really nice guy. That's way too low a bar for a jurist on the highest court in the land." He was a smart kid with big goals From his boyhood in Colorado, Gorsuch was a dutiful student, "always on the brainy side," says younger brother J.J. Gorsuch. Theirs was a typical Western childhood, filled with family outings to go hiking, skiing and fishing. Even Gorsuch's childhood mischief tended toward the intellectual — he once read a book about gambling and put it to use by starting a basement casino for neighborhood kids. Flash forward a few years: Gorsuch is in a coat and tie at Georgetown Prep, an all-boys school in suburban Washington. President Ronald Reagan had chosen his mother, Anne Gorsuch, a state legislator, to lead the Environmental Protection Agency, and she brought her three children east. Her husband stayed in Colorado as their marriage dissolved. Gorsuch's friends at the Jesuit school included Bill Hughes, whose father was a Democratic congressman from New Jersey, and Trent, his father the deputy transportation secretary. Each felt pressure to protect his family name. "We were all very cognizant of the responsibility we had to our parents not to screw up," remembers Hughes. With politics in the air, Gorsuch inhaled deeply. He led schoolmates to the Capitol to attend a rally for insurgents opposing the Soviet Army in Afghanistan. His yearbook entry includes a joking reference to founding the "Fascism Forever" club, a dig at left-leaning teachers. Most significant, he watched his mother's stormy 22-month tenure at EPA end with her forced resignation after being cited for contempt of Congress for refusing to turn over subpoenaed documents. Anne Burford, by then remarried, recalled her son telling her: "You only did what the president ordered. Why are you quitting? You raised me not to be a quitter." After high school, Gorsuch embarked on a grueling, decade-long tutorial: In and out of Columbia in three years, still finding time to co-found a conservative newspaper and magazine. On to Harvard Law without a break. Off to Oxford to study legal philosophy, ducking out in the middle for a clerkship with Supreme Court Justices Byron White and Anthony Kennedy. "I kept asking him, 'When are you going to stop doing all this and get a real job?'" recalls Trent. He loves to work Gorsuch passed up the big firms to go with a start-up, diving into "the muck and mess of real-life litigation," representing both plaintiffs and defendants, recalls former partner Mark Hansen. "He decided to go someplace where he'd get more experience, faster, and he could help build something," says Hansen. He credits Gorsuch with a dogged work ethic — billing an average 2,400-3,000 hours a year as partner — but also an easygoing temperament. Stuck in cramped working quarters during an out-of-town trial, Gorsuch gamely nicknamed the space "Das Boot," after the movie about a German submarine. After a decade in private practice, Gorsuch in 2005 joined the Justice Department, where he was deeply involved in lawsuits and legislative proposals supporting the George W. Bush administration's warrantless wiretapping program and its treatment of detainees at Guantanamo Bay and elsewhere. Justice colleague Reyes saw in Gorsuch "the makings of a great judge" and a "remarkably good human being." When Reyes' father was gravely ill, it was Gorsuch who encouraged him to take time off. From Justice, Gorsuch made a quick leap to the judiciary when Bush nominated him in 2006 for the 10th Circuit, a lifetime appointment and chance to get back to Colorado. Gorsuch struggled with the offer. Trent recalls him saying, "I'm young. This is such a wonderful opportunity, but I don't know that I'm at that point in my life where I should consider this." He took the job. After a decade of advocacy, the 39-year-old Gorsuch promised to set aside personal political views in favor of the "cold neutrality of an impartial judge," citing the words of political theorist Edmund Burke. "I resist pigeon holes," Gorsuch testified at his confirmation hearing. "Pigeon holes ignore gray areas in the law." Former law clerk Janie Nitze remembers Gorsuch as adamant his chambers be "all about the rule of law" and "not a place for the personal preferences of the judge." Critics say he may favor power interests over ordinary Americans Some of Gorsuch's rulings and outside writings lead critics to say he tends to favor powerful interests over ordinary Americans. They cite the case of a truck driver fired for leaving his trailer of meat on the side of an Illinois road after breaking down on a frigid night in 2009, fearing he'd freeze to death. Gorsuch dissented from a ruling in favor of Alphonse Maddin's reinstatement, writing: "It might be fair to ask whether TransAm's decision was a wise or kind one. But it's not our job to answer questions like that."

He has experience

At age 49, Gorsuch already has marked his 10th anniversary as an appellate judge in Colorado, styling himself in the mold of the late Justice Antonin Scalia, the conservative powerhouse whom he would replace.

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In his writings and lectures , Gorsuch offers himself as a "workaday judge," one wearing "honest, unadorned black polyester" robes from a uniform supply store. (Those robes perhaps hiding coffee stains on the shirt underneath, Gorsuch admits.)

Self-deprecation is not just his shtick.

Gorsuch never mentioned to his best friend, Michael Trent, that he'd been added to the list of prospective justices Trump released last fall.

Superstitious about his prospects for joining the court, the Denver-based judge put off decisions about where his family would live in Washington and his two teenage girls would attend school, telling Trent, "I'm not there yet.

He's a sports nut with a sense of humor

He's the sports nut who jogs with his law clerks, teaches them the Zen of fly fishing and waits at the top of the ski slopes to see which of them he'll need to help up after a fall.

He's the friend whose buddies remember his spot-on impressions of Jimmy Stewart and John McLaughlin, the conservative commentator who pioneered TV political talkfests.

He's the writerly judge who crafts his opinions with uncommon clarity , going so far as to diagram a sentence in one ruling.

"He's someone who knows the names of the security guards at the courthouse and gets to know who their families are," says former law clerk Theresa Wardon.

"He's the kind of person who talks about law for fun," says Joshua Goodbaum, another former clerk.

"He's a glass-half-full kind of guy," says Luis Reyes, a former colleague at the Justice Department.

He's also the judge who wrote that a university's six-month sick leave policy was "more than sufficient" for a cancer patient who sought more time off when a flu epidemic hit and she worried about how an infection might affect her weakened immune system.

Says Ilyse Hogue, president of NARAL Pro-Choice America: "I'm hearing he's a really nice guy. That's way too low a bar for a jurist on the highest court in the land."

He was a smart kid with big goals

From his boyhood in Colorado, Gorsuch was a dutiful student, "always on the brainy side," says younger brother J.J. Gorsuch. Theirs was a typical Western childhood, filled with family outings to go hiking, skiing and fishing.

Even Gorsuch's childhood mischief tended toward the intellectual — he once read a book about gambling and put it to use by starting a basement casino for neighborhood kids.

Flash forward a few years: Gorsuch is in a coat and tie at Georgetown Prep, an all-boys school in suburban Washington. President Ronald Reagan had chosen his mother, Anne Gorsuch, a state legislator, to lead the Environmental Protection Agency, and she brought her three children east. Her husband stayed in Colorado as their marriage dissolved.

Gorsuch's friends at the Jesuit school included Bill Hughes, whose father was a Democratic congressman from New Jersey, and Trent, his father the deputy transportation secretary. Each felt pressure to protect his family name.

"We were all very cognizant of the responsibility we had to our parents not to screw up," remembers Hughes.

With politics in the air, Gorsuch inhaled deeply. He led schoolmates to the Capitol to attend a rally for insurgents opposing the Soviet Army in Afghanistan. His yearbook entry includes a joking reference to founding the "Fascism Forever" club, a dig at left-leaning teachers. Most significant, he watched his mother's stormy 22-month tenure at EPA end with her forced resignation after being cited for contempt of Congress for refusing to turn over subpoenaed documents.

Anne Burford, by then remarried, recalled her son telling her: "You only did what the president ordered. Why are you quitting? You raised me not to be a quitter."

After high school, Gorsuch embarked on a grueling, decade-long tutorial: In and out of Columbia in three years, still finding time to co-found a conservative newspaper and magazine. On to Harvard Law without a break. Off to Oxford to study legal philosophy, ducking out in the middle for a clerkship with Supreme Court Justices Byron White and Anthony Kennedy.

"I kept asking him, 'When are you going to stop doing all this and get a real job?'" recalls Trent.

He loves to work

Gorsuch passed up the big firms to go with a start-up, diving into "the muck and mess of real-life litigation," representing both plaintiffs and defendants, recalls former partner Mark Hansen.

"He decided to go someplace where he'd get more experience, faster, and he could help build something," says Hansen. He credits Gorsuch with a dogged work ethic — billing an average 2,400-3,000 hours a year as partner — but also an easygoing temperament.

Stuck in cramped working quarters during an out-of-town trial, Gorsuch gamely nicknamed the space "Das Boot," after the movie about a German submarine.

After a decade in private practice, Gorsuch in 2005 joined the Justice Department, where he was deeply involved in lawsuits and legislative proposals supporting the George W. Bush administration's warrantless wiretapping program and its treatment of detainees at Guantanamo Bay and elsewhere.

Justice colleague Reyes saw in Gorsuch "the makings of a great judge" and a "remarkably good human being." When Reyes' father was gravely ill, it was Gorsuch who encouraged him to take time off.

From Justice, Gorsuch made a quick leap to the judiciary when Bush nominated him in 2006 for the 10th Circuit, a lifetime appointment and chance to get back to Colorado.

Gorsuch struggled with the offer.

Trent recalls him saying, "I'm young. This is such a wonderful opportunity, but I don't know that I'm at that point in my life where I should consider this."

He took the job.

After a decade of advocacy, the 39-year-old Gorsuch promised to set aside personal political views in favor of the "cold neutrality of an impartial judge," citing the words of political theorist Edmund Burke.

"I resist pigeon holes," Gorsuch testified at his confirmation hearing. "Pigeon holes ignore gray areas in the law."

Former law clerk Janie Nitze remembers Gorsuch as adamant his chambers be "all about the rule of law" and "not a place for the personal preferences of the judge."

Critics say he may favor power interests over ordinary Americans

Some of Gorsuch's rulings and outside writings lead critics to say he tends to favor powerful interests over ordinary Americans.

They cite the case of a truck driver fired for leaving his trailer of meat on the side of an Illinois road after breaking down on a frigid night in 2009, fearing he'd freeze to death.

Gorsuch dissented from a ruling in favor of Alphonse Maddin's reinstatement, writing: "It might be fair to ask whether TransAm's decision was a wise or kind one. But it's not our job to answer questions like that."