{"id":220497,"date":"2017-02-02T14:54:06","date_gmt":"2017-02-02T19:54:06","guid":{"rendered":"https:\/\/news.harvard.edu\/gazette\/?p=220497"},"modified":"2017-02-03T07:32:10","modified_gmt":"2017-02-03T12:32:10","slug":"gorsuch-forecast-a-more-serene-supreme","status":"publish","type":"post","link":"https:\/\/news.harvard.edu\/gazette\/story\/2017\/02\/gorsuch-forecast-a-more-serene-supreme\/","title":{"rendered":"Sizing up Gorsuch on style, substance"},"content":{"rendered":"\n\t\n\t
\n\t\t\t\n\t\t\tNation & World\t\t<\/a>\n\t\t\n\t\t

\n\t\tSizing up Gorsuch on style, substance\t<\/h1>\n\n\t\n\t\n\t
\n\t\t
\n\t\t\t
\n\t\t\t\t\t

\n\t\tLiz Mineo\t<\/p>\n\t\t\t

\n\t\t\tHarvard Staff Writer\t\t<\/p>\n\t\t\t\t\t<\/address>\n\t\t<\/div>\n\n\t\t

\n\t\t\tLaw School grad would alter the tone, if not the balance, of court, scholars say\t\t<\/h2>\n\t\t\n<\/header>\n\n\n\n
\n\n\n\t\t

Much of the response to President Donald Trump\u2019s nomination of Judge Neil M. Gorsuch for the Supreme Court has centered on the 1991 Harvard Law School grad\u2019s similarity to the justice he would replace, Antonin Scalia, who died last year. But the two diverge in at least one important respect, says Charles Fried<\/a>, the Beneficial Professor of Law.<\/p>\n

\u201cYou won\u2019t get any of the personalized attacks that Scalia was famous for,\u201d said Fried. \u201cHe [Gorsuch] is not sarcastic and he is certainly not further to the right than Scalia was … his manner is much less aggressive and much more respectful of the people he disagrees with.\u201d<\/p>\n

Still, Gorsuch would bring to his rulings many of the same ideas that guided Scalia, Fried said.<\/p>\n

Gorsuch, 49, is a highly respected jurist with sterling legal and academic qualifications. A classmate of Barack Obama at HLS, he was a Marshall Scholar at the University of Oxford and served as a clerk for Supreme Court Justices Byron White and Anthony Kennedy. He worked in a Washington law firm for a decade. In 2006, President George W. Bush appointed him to the U.S. Court of Appeals for the 10th Circuit in Denver.<\/p>\n

Jane Nitze, J.D.\u201908, Climenko Fellow and Lecturer on Law at HLS, clerked for Gorsuch from 2008 to 2009, getting to know both his judicial philosophy and his character.\u00a0<\/span><\/p>\n

\u201cWhat struck me was his real, genuine reverence for the Constitution and the rule of law that came through on a daily basis,\u201d said Nitze. \u201cAs a judge, he believes that cases should be decided on the basis of the law and not on the basis of policy or personal preferences. His judicial record shows he applies the law impartially.\u201d\u00a0<\/span><\/p>\n

As for Gorsuch\u2019s personal qualities, Nitze said he always treated colleagues, litigants, and clerks with respect, and would often share his passion for the outdoors with clerks by inviting them on hiking and skiing trips outside Denver.<\/span><\/p>\n

\u201cHe\u2019s really a kind, genuine and decent man,\u201d she said. \u201cHe\u2019s a great boss and a great mentor for all clerks, including myself. Any clerk you speak to, would just speak glowingly and lovingly of him.\u201d<\/span><\/p>\n

For Richard Lazarus<\/a>, Howard and Katherine Aibel Professor of Law, Gorsuch was \u201cthe single most qualified person\u201d on Trump\u2019s list of 21 potential nominees, a judge \u201cwho is smart and has integrity.\u201d<\/p>\n

\u201cThis is a man of enormous achievements,\u201d said Lazarus.<\/p>\n

HLS professors Laurence Tribe<\/a>, Carl M. Loeb University Professor, and Jack Landman Goldsmith<\/a>, Henry L. Shattuck Professor of Law, commented on Gorsuch\u2019s personal and professional credentials on their Twitter accounts.<\/p>\n

\u201cGorsuch is as smart as he is conservative, and he writes elegantly,\u201d said Tribe. \u201cHe\u2019s a brilliant, terrific guy who would do the court\u2019s work with distinction.\u201d<\/p>\n

Said Goldsmith, \u201cHe\u2019s immensely qualified for the Supreme Court \u2014 an outstanding lawyer, and judge, and person.\u201d<\/p>\n

As noted by Fried and others, the appointment of Gorsuch would likely return the court to the same ideological balance that existed before\u00a0Scalia\u2019s death. Of the eight sitting justices, Elena Kagan, Sonia Sotomayor, Ruth Bader Ginsburg, and Stephen Breyer are on the liberal side, while Chief Justice John Roberts, Samuel Alito, and Clarence Thomas are more conservative. Kennedy, a moderate conservative, has occasionally sided with the liberal justices on social issues and is considered the swing vote on a full court.<\/p>\n

If Judge Merrick Garland, Obama\u2019s nominee to fill the Scalia seat, had not been blocked by Republicans, the court would have changed dramatically, said Lazarus.<\/p>\n

\u201cWith Garland on the court, there would have been potentially five justices more liberal and progressive for the first time in 60 years,\u201d he said. \u201cWith Gorsuch on the court, it\u2019s more like what the court has been for the past 25, 30 years, which is a court more on the middle but one that tends to be more conservative than not. It\u2019s more of the same.\u201d<\/p>\n

Senate Republicans blocked Garland\u2019s nomination for the last 10 months of Obama\u2019s presidency. Some Democrats, still angry about the treatment of Garland, have said they will oppose the Gorsuch nomination. It won\u2019t be an easy battle, said Lazarus.<\/p>\n

\u201cGorsuch on the merits would be harder to resist,\u201d said Lazarus. \u201cBut regardless of Gorsuch per se, there will be significant resistance just because of the anger and frustration with Garland\u2019s treatment.\u201d<\/p>\n

Democrats have no choice but to confirm Gorsuch, the best candidate under the circumstances, said Fried.<\/p>\n

\u201cThere may be a little bit of political back and forth, but it will go through,\u201d he said. \u201cThe Democrats have to let somebody go through. And there is not going to be anybody more acceptable than him.\u201d<\/p>\n\n\n<\/div>\n\n\t\t","protected":false},"excerpt":{"rendered":"

Law School scholars react to President Trump\u2019s nomination of Neil M. 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class=\"wp-block-post-author\">\n\t\t\t<address class=\"wp-block-post-author__content\">\n\t\t\t\t\t<p class=\"author wp-block-post-author__name\">\n\t\tLiz Mineo\t<\/p>\n\t\t\t<p class=\"wp-block-post-author__byline\">\n\t\t\tHarvard Staff Writer\t\t<\/p>\n\t\t\t\t\t<\/address>\n\t\t<\/div>\n\n\t\t<time class=\"article-header__date\" datetime=\"2017-02-02\">\n\t\t\tFebruary 2, 2017\t\t<\/time>\n\n\t\t<span class=\"article-header__reading-time\">\n\t\t\t4 min read\t\t<\/span>\n\t<\/div>\n\n\t\t\t<\/div>\n\t\t\n\t\t\t<h2 class=\"article-header__subheading wp-block-heading\">\n\t\t\tLaw School grad would alter the tone, if not the balance, of court, scholars say\t\t<\/h2>\n\t\t\n<\/header>\n"},"2":{"blockName":"core\/group","attrs":{"templateLock":false,"metadata":{"name":"Article content"},"align":"wide","layout":{"type":"constrained","justifyContent":"center"},"tagName":"div","lock":[],"className":"","style":[],"backgroundColor":"","textColor":"","gradient":"","fontSize":"","fontFamily":"","borderColor":"","ariaLabel":"","anchor":""},"innerBlocks":[{"blockName":"core\/freeform","attrs":{"content":"","lock":[],"metadata":[]},"innerBlocks":[],"innerHTML":"\n\t\t<p>Much of the response to President Donald Trump\u2019s nomination of Judge Neil M. Gorsuch for the Supreme Court has centered on the 1991 Harvard Law School grad\u2019s similarity to the justice he would replace, Antonin Scalia, who died last year. But the two diverge in at least one important respect, says <a href=\"http:\/\/hls.harvard.edu\/faculty\/directory\/10288\/Fried\">Charles Fried<\/a>, the Beneficial Professor of Law.<\/p>\n<p>\u201cYou won\u2019t get any of the personalized attacks that Scalia was famous for,\u201d said Fried. \u201cHe [Gorsuch] is not sarcastic and he is certainly not further to the right than Scalia was ... his manner is much less aggressive and much more respectful of the people he disagrees with.\u201d<\/p>\n<p>Still, Gorsuch would bring to his rulings many of the same ideas that guided Scalia, Fried said.<\/p>\n<p>Gorsuch, 49, is a highly respected jurist with sterling legal and academic qualifications. A classmate of Barack Obama at HLS, he was a Marshall Scholar at the University of Oxford and served as a clerk for Supreme Court Justices Byron White and Anthony Kennedy. He worked in a Washington law firm for a decade. In 2006, President George W. Bush appointed him to the U.S. Court of Appeals for the 10th Circuit in Denver.<\/p>\n<p class=\"p1\"><span class=\"s1\">Jane Nitze, J.D.\u201908, Climenko Fellow and Lecturer on Law at HLS, clerked for Gorsuch from 2008 to 2009, getting to know both his judicial philosophy and his character.\u00a0<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">\u201cWhat struck me was his real, genuine reverence for the Constitution and the rule of law that came through on a daily basis,\u201d said Nitze. \u201cAs a judge, he believes that cases should be decided on the basis of the law and not on the basis of policy or personal preferences. His judicial record shows he applies the law impartially.\u201d\u00a0<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">As for Gorsuch\u2019s personal qualities, Nitze said he always treated colleagues, litigants, and clerks with respect, and would often share his passion for the outdoors with clerks by inviting them on hiking and skiing trips outside Denver.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">\u201cHe\u2019s really a kind, genuine and decent man,\u201d she said. \u201cHe\u2019s a great boss and a great mentor for all clerks, including myself. Any clerk you speak to, would just speak glowingly and lovingly of him.\u201d<\/span><\/p>\n<p>For <a href=\"http:\/\/hls.harvard.edu\/faculty\/directory\/10509\/Lazarus\">Richard Lazarus<\/a>, Howard and Katherine Aibel Professor of Law, Gorsuch was \u201cthe single most qualified person\u201d on Trump\u2019s list of 21 potential nominees, a judge \u201cwho is smart and has integrity.\u201d<\/p>\n<p>\u201cThis is a man of enormous achievements,\u201d said Lazarus.<\/p>\n<p>HLS professors <a href=\"http:\/\/hls.harvard.edu\/faculty\/directory\/10899\/Tribe\">Laurence Tribe<\/a>, Carl M. Loeb University Professor, and <a href=\"http:\/\/hls.harvard.edu\/faculty\/directory\/10320\/Goldsmith\">Jack Landman Goldsmith<\/a>, Henry L. Shattuck Professor of Law, commented on Gorsuch\u2019s personal and professional credentials on their Twitter accounts.<\/p>\n<p>\u201cGorsuch is as smart as he is conservative, and he writes elegantly,\u201d said Tribe. \u201cHe\u2019s a brilliant, terrific guy who would do the court\u2019s work with distinction.\u201d<\/p>\n<p>Said Goldsmith, \u201cHe\u2019s immensely qualified for the Supreme Court \u2014 an outstanding lawyer, and judge, and person.\u201d<\/p>\n<p>As noted by Fried and others, the appointment of Gorsuch would likely return the court to the same ideological balance that existed before\u00a0Scalia\u2019s death. Of the eight sitting justices, Elena Kagan, Sonia Sotomayor, Ruth Bader Ginsburg, and Stephen Breyer are on the liberal side, while Chief Justice John Roberts, Samuel Alito, and Clarence Thomas are more conservative. Kennedy, a moderate conservative, has occasionally sided with the liberal justices on social issues and is considered the swing vote on a full court.<\/p>\n<p>If Judge Merrick Garland, Obama\u2019s nominee to fill the Scalia seat, had not been blocked by Republicans, the court would have changed dramatically, said Lazarus.<\/p>\n<p>\u201cWith Garland on the court, there would have been potentially five justices more liberal and progressive for the first time in 60 years,\u201d he said. \u201cWith Gorsuch on the court, it\u2019s more like what the court has been for the past 25, 30 years, which is a court more on the middle but one that tends to be more conservative than not. It\u2019s more of the same.\u201d<\/p>\n<p>Senate Republicans blocked Garland\u2019s nomination for the last 10 months of Obama\u2019s presidency. Some Democrats, still angry about the treatment of Garland, have said they will oppose the Gorsuch nomination. It won\u2019t be an easy battle, said Lazarus.<\/p>\n<p>\u201cGorsuch on the merits would be harder to resist,\u201d said Lazarus. \u201cBut regardless of Gorsuch per se, there will be significant resistance just because of the anger and frustration with Garland\u2019s treatment.\u201d<\/p>\n<p>Democrats have no choice but to confirm Gorsuch, the best candidate under the circumstances, said Fried.<\/p>\n<p>\u201cThere may be a little bit of political back and forth, but it will go through,\u201d he said. \u201cThe Democrats have to let somebody go through. And there is not going to be anybody more acceptable than him.\u201d<\/p>\n","innerContent":["\n\t\t<p>Much of the response to President Donald Trump\u2019s nomination of Judge Neil M. Gorsuch for the Supreme Court has centered on the 1991 Harvard Law School grad\u2019s similarity to the justice he would replace, Antonin Scalia, who died last year. But the two diverge in at least one important respect, says <a href=\"http:\/\/hls.harvard.edu\/faculty\/directory\/10288\/Fried\">Charles Fried<\/a>, the Beneficial Professor of Law.<\/p>\n<p>\u201cYou won\u2019t get any of the personalized attacks that Scalia was famous for,\u201d said Fried. \u201cHe [Gorsuch] is not sarcastic and he is certainly not further to the right than Scalia was ... his manner is much less aggressive and much more respectful of the people he disagrees with.\u201d<\/p>\n<p>Still, Gorsuch would bring to his rulings many of the same ideas that guided Scalia, Fried said.<\/p>\n<p>Gorsuch, 49, is a highly respected jurist with sterling legal and academic qualifications. A classmate of Barack Obama at HLS, he was a Marshall Scholar at the University of Oxford and served as a clerk for Supreme Court Justices Byron White and Anthony Kennedy. He worked in a Washington law firm for a decade. In 2006, President George W. Bush appointed him to the U.S. Court of Appeals for the 10th Circuit in Denver.<\/p>\n<p class=\"p1\"><span class=\"s1\">Jane Nitze, J.D.\u201908, Climenko Fellow and Lecturer on Law at HLS, clerked for Gorsuch from 2008 to 2009, getting to know both his judicial philosophy and his character.\u00a0<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">\u201cWhat struck me was his real, genuine reverence for the Constitution and the rule of law that came through on a daily basis,\u201d said Nitze. \u201cAs a judge, he believes that cases should be decided on the basis of the law and not on the basis of policy or personal preferences. His judicial record shows he applies the law impartially.\u201d\u00a0<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">As for Gorsuch\u2019s personal qualities, Nitze said he always treated colleagues, litigants, and clerks with respect, and would often share his passion for the outdoors with clerks by inviting them on hiking and skiing trips outside Denver.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">\u201cHe\u2019s really a kind, genuine and decent man,\u201d she said. \u201cHe\u2019s a great boss and a great mentor for all clerks, including myself. Any clerk you speak to, would just speak glowingly and lovingly of him.\u201d<\/span><\/p>\n<p>For <a href=\"http:\/\/hls.harvard.edu\/faculty\/directory\/10509\/Lazarus\">Richard Lazarus<\/a>, Howard and Katherine Aibel Professor of Law, Gorsuch was \u201cthe single most qualified person\u201d on Trump\u2019s list of 21 potential nominees, a judge \u201cwho is smart and has integrity.\u201d<\/p>\n<p>\u201cThis is a man of enormous achievements,\u201d said Lazarus.<\/p>\n<p>HLS professors <a href=\"http:\/\/hls.harvard.edu\/faculty\/directory\/10899\/Tribe\">Laurence Tribe<\/a>, Carl M. Loeb University Professor, and <a href=\"http:\/\/hls.harvard.edu\/faculty\/directory\/10320\/Goldsmith\">Jack Landman Goldsmith<\/a>, Henry L. Shattuck Professor of Law, commented on Gorsuch\u2019s personal and professional credentials on their Twitter accounts.<\/p>\n<p>\u201cGorsuch is as smart as he is conservative, and he writes elegantly,\u201d said Tribe. \u201cHe\u2019s a brilliant, terrific guy who would do the court\u2019s work with distinction.\u201d<\/p>\n<p>Said Goldsmith, \u201cHe\u2019s immensely qualified for the Supreme Court \u2014 an outstanding lawyer, and judge, and person.\u201d<\/p>\n<p>As noted by Fried and others, the appointment of Gorsuch would likely return the court to the same ideological balance that existed before\u00a0Scalia\u2019s death. Of the eight sitting justices, Elena Kagan, Sonia Sotomayor, Ruth Bader Ginsburg, and Stephen Breyer are on the liberal side, while Chief Justice John Roberts, Samuel Alito, and Clarence Thomas are more conservative. Kennedy, a moderate conservative, has occasionally sided with the liberal justices on social issues and is considered the swing vote on a full court.<\/p>\n<p>If Judge Merrick Garland, Obama\u2019s nominee to fill the Scalia seat, had not been blocked by Republicans, the court would have changed dramatically, said Lazarus.<\/p>\n<p>\u201cWith Garland on the court, there would have been potentially five justices more liberal and progressive for the first time in 60 years,\u201d he said. \u201cWith Gorsuch on the court, it\u2019s more like what the court has been for the past 25, 30 years, which is a court more on the middle but one that tends to be more conservative than not. It\u2019s more of the same.\u201d<\/p>\n<p>Senate Republicans blocked Garland\u2019s nomination for the last 10 months of Obama\u2019s presidency. Some Democrats, still angry about the treatment of Garland, have said they will oppose the Gorsuch nomination. It won\u2019t be an easy battle, said Lazarus.<\/p>\n<p>\u201cGorsuch on the merits would be harder to resist,\u201d said Lazarus. \u201cBut regardless of Gorsuch per se, there will be significant resistance just because of the anger and frustration with Garland\u2019s treatment.\u201d<\/p>\n<p>Democrats have no choice but to confirm Gorsuch, the best candidate under the circumstances, said Fried.<\/p>\n<p>\u201cThere may be a little bit of political back and forth, but it will go through,\u201d he said. \u201cThe Democrats have to let somebody go through. And there is not going to be anybody more acceptable than him.\u201d<\/p>\n"],"rendered":"\n\t\t<p>Much of the response to President Donald Trump\u2019s nomination of Judge Neil M. Gorsuch for the Supreme Court has centered on the 1991 Harvard Law School grad\u2019s similarity to the justice he would replace, Antonin Scalia, who died last year. But the two diverge in at least one important respect, says <a href=\"http:\/\/hls.harvard.edu\/faculty\/directory\/10288\/Fried\">Charles Fried<\/a>, the Beneficial Professor of Law.<\/p>\n<p>\u201cYou won\u2019t get any of the personalized attacks that Scalia was famous for,\u201d said Fried. \u201cHe [Gorsuch] is not sarcastic and he is certainly not further to the right than Scalia was ... his manner is much less aggressive and much more respectful of the people he disagrees with.\u201d<\/p>\n<p>Still, Gorsuch would bring to his rulings many of the same ideas that guided Scalia, Fried said.<\/p>\n<p>Gorsuch, 49, is a highly respected jurist with sterling legal and academic qualifications. A classmate of Barack Obama at HLS, he was a Marshall Scholar at the University of Oxford and served as a clerk for Supreme Court Justices Byron White and Anthony Kennedy. He worked in a Washington law firm for a decade. In 2006, President George W. Bush appointed him to the U.S. Court of Appeals for the 10th Circuit in Denver.<\/p>\n<p class=\"p1\"><span class=\"s1\">Jane Nitze, J.D.\u201908, Climenko Fellow and Lecturer on Law at HLS, clerked for Gorsuch from 2008 to 2009, getting to know both his judicial philosophy and his character.\u00a0<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">\u201cWhat struck me was his real, genuine reverence for the Constitution and the rule of law that came through on a daily basis,\u201d said Nitze. \u201cAs a judge, he believes that cases should be decided on the basis of the law and not on the basis of policy or personal preferences. His judicial record shows he applies the law impartially.\u201d\u00a0<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">As for Gorsuch\u2019s personal qualities, Nitze said he always treated colleagues, litigants, and clerks with respect, and would often share his passion for the outdoors with clerks by inviting them on hiking and skiing trips outside Denver.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">\u201cHe\u2019s really a kind, genuine and decent man,\u201d she said. \u201cHe\u2019s a great boss and a great mentor for all clerks, including myself. Any clerk you speak to, would just speak glowingly and lovingly of him.\u201d<\/span><\/p>\n<p>For <a href=\"http:\/\/hls.harvard.edu\/faculty\/directory\/10509\/Lazarus\">Richard Lazarus<\/a>, Howard and Katherine Aibel Professor of Law, Gorsuch was \u201cthe single most qualified person\u201d on Trump\u2019s list of 21 potential nominees, a judge \u201cwho is smart and has integrity.\u201d<\/p>\n<p>\u201cThis is a man of enormous achievements,\u201d said Lazarus.<\/p>\n<p>HLS professors <a href=\"http:\/\/hls.harvard.edu\/faculty\/directory\/10899\/Tribe\">Laurence Tribe<\/a>, Carl M. Loeb University Professor, and <a href=\"http:\/\/hls.harvard.edu\/faculty\/directory\/10320\/Goldsmith\">Jack Landman Goldsmith<\/a>, Henry L. Shattuck Professor of Law, commented on Gorsuch\u2019s personal and professional credentials on their Twitter accounts.<\/p>\n<p>\u201cGorsuch is as smart as he is conservative, and he writes elegantly,\u201d said Tribe. \u201cHe\u2019s a brilliant, terrific guy who would do the court\u2019s work with distinction.\u201d<\/p>\n<p>Said Goldsmith, \u201cHe\u2019s immensely qualified for the Supreme Court \u2014 an outstanding lawyer, and judge, and person.\u201d<\/p>\n<p>As noted by Fried and others, the appointment of Gorsuch would likely return the court to the same ideological balance that existed before\u00a0Scalia\u2019s death. Of the eight sitting justices, Elena Kagan, Sonia Sotomayor, Ruth Bader Ginsburg, and Stephen Breyer are on the liberal side, while Chief Justice John Roberts, Samuel Alito, and Clarence Thomas are more conservative. Kennedy, a moderate conservative, has occasionally sided with the liberal justices on social issues and is considered the swing vote on a full court.<\/p>\n<p>If Judge Merrick Garland, Obama\u2019s nominee to fill the Scalia seat, had not been blocked by Republicans, the court would have changed dramatically, said Lazarus.<\/p>\n<p>\u201cWith Garland on the court, there would have been potentially five justices more liberal and progressive for the first time in 60 years,\u201d he said. \u201cWith Gorsuch on the court, it\u2019s more like what the court has been for the past 25, 30 years, which is a court more on the middle but one that tends to be more conservative than not. It\u2019s more of the same.\u201d<\/p>\n<p>Senate Republicans blocked Garland\u2019s nomination for the last 10 months of Obama\u2019s presidency. Some Democrats, still angry about the treatment of Garland, have said they will oppose the Gorsuch nomination. It won\u2019t be an easy battle, said Lazarus.<\/p>\n<p>\u201cGorsuch on the merits would be harder to resist,\u201d said Lazarus. \u201cBut regardless of Gorsuch per se, there will be significant resistance just because of the anger and frustration with Garland\u2019s treatment.\u201d<\/p>\n<p>Democrats have no choice but to confirm Gorsuch, the best candidate under the circumstances, said Fried.<\/p>\n<p>\u201cThere may be a little bit of political back and forth, but it will go through,\u201d he said. \u201cThe Democrats have to let somebody go through. And there is not going to be anybody more acceptable than him.\u201d<\/p>\n"}],"innerHTML":"\n<div class=\"wp-block-group alignwide\">\n\n\n\n<\/div>\n","innerContent":["\n<div class=\"wp-block-group alignwide\">\n\n","\n\n<\/div>\n"],"rendered":"\n<div class=\"wp-block-group alignwide has-global-padding is-content-justification-center is-layout-constrained wp-block-group-is-layout-constrained\">\n\n\n\t\t<p>Much of the response to President Donald Trump\u2019s nomination of Judge Neil M. Gorsuch for the Supreme Court has centered on the 1991 Harvard Law School grad\u2019s similarity to the justice he would replace, Antonin Scalia, who died last year. But the two diverge in at least one important respect, says <a href=\"http:\/\/hls.harvard.edu\/faculty\/directory\/10288\/Fried\">Charles Fried<\/a>, the Beneficial Professor of Law.<\/p>\n<p>\u201cYou won\u2019t get any of the personalized attacks that Scalia was famous for,\u201d said Fried. \u201cHe [Gorsuch] is not sarcastic and he is certainly not further to the right than Scalia was ... his manner is much less aggressive and much more respectful of the people he disagrees with.\u201d<\/p>\n<p>Still, Gorsuch would bring to his rulings many of the same ideas that guided Scalia, Fried said.<\/p>\n<p>Gorsuch, 49, is a highly respected jurist with sterling legal and academic qualifications. A classmate of Barack Obama at HLS, he was a Marshall Scholar at the University of Oxford and served as a clerk for Supreme Court Justices Byron White and Anthony Kennedy. He worked in a Washington law firm for a decade. In 2006, President George W. Bush appointed him to the U.S. Court of Appeals for the 10th Circuit in Denver.<\/p>\n<p class=\"p1\"><span class=\"s1\">Jane Nitze, J.D.\u201908, Climenko Fellow and Lecturer on Law at HLS, clerked for Gorsuch from 2008 to 2009, getting to know both his judicial philosophy and his character.\u00a0<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">\u201cWhat struck me was his real, genuine reverence for the Constitution and the rule of law that came through on a daily basis,\u201d said Nitze. \u201cAs a judge, he believes that cases should be decided on the basis of the law and not on the basis of policy or personal preferences. His judicial record shows he applies the law impartially.\u201d\u00a0<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">As for Gorsuch\u2019s personal qualities, Nitze said he always treated colleagues, litigants, and clerks with respect, and would often share his passion for the outdoors with clerks by inviting them on hiking and skiing trips outside Denver.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">\u201cHe\u2019s really a kind, genuine and decent man,\u201d she said. \u201cHe\u2019s a great boss and a great mentor for all clerks, including myself. Any clerk you speak to, would just speak glowingly and lovingly of him.\u201d<\/span><\/p>\n<p>For <a href=\"http:\/\/hls.harvard.edu\/faculty\/directory\/10509\/Lazarus\">Richard Lazarus<\/a>, Howard and Katherine Aibel Professor of Law, Gorsuch was \u201cthe single most qualified person\u201d on Trump\u2019s list of 21 potential nominees, a judge \u201cwho is smart and has integrity.\u201d<\/p>\n<p>\u201cThis is a man of enormous achievements,\u201d said Lazarus.<\/p>\n<p>HLS professors <a href=\"http:\/\/hls.harvard.edu\/faculty\/directory\/10899\/Tribe\">Laurence Tribe<\/a>, Carl M. Loeb University Professor, and <a href=\"http:\/\/hls.harvard.edu\/faculty\/directory\/10320\/Goldsmith\">Jack Landman Goldsmith<\/a>, Henry L. Shattuck Professor of Law, commented on Gorsuch\u2019s personal and professional credentials on their Twitter accounts.<\/p>\n<p>\u201cGorsuch is as smart as he is conservative, and he writes elegantly,\u201d said Tribe. \u201cHe\u2019s a brilliant, terrific guy who would do the court\u2019s work with distinction.\u201d<\/p>\n<p>Said Goldsmith, \u201cHe\u2019s immensely qualified for the Supreme Court \u2014 an outstanding lawyer, and judge, and person.\u201d<\/p>\n<p>As noted by Fried and others, the appointment of Gorsuch would likely return the court to the same ideological balance that existed before\u00a0Scalia\u2019s death. Of the eight sitting justices, Elena Kagan, Sonia Sotomayor, Ruth Bader Ginsburg, and Stephen Breyer are on the liberal side, while Chief Justice John Roberts, Samuel Alito, and Clarence Thomas are more conservative. Kennedy, a moderate conservative, has occasionally sided with the liberal justices on social issues and is considered the swing vote on a full court.<\/p>\n<p>If Judge Merrick Garland, Obama\u2019s nominee to fill the Scalia seat, had not been blocked by Republicans, the court would have changed dramatically, said Lazarus.<\/p>\n<p>\u201cWith Garland on the court, there would have been potentially five justices more liberal and progressive for the first time in 60 years,\u201d he said. \u201cWith Gorsuch on the court, it\u2019s more like what the court has been for the past 25, 30 years, which is a court more on the middle but one that tends to be more conservative than not. It\u2019s more of the same.\u201d<\/p>\n<p>Senate Republicans blocked Garland\u2019s nomination for the last 10 months of Obama\u2019s presidency. Some Democrats, still angry about the treatment of Garland, have said they will oppose the Gorsuch nomination. It won\u2019t be an easy battle, said Lazarus.<\/p>\n<p>\u201cGorsuch on the merits would be harder to resist,\u201d said Lazarus. \u201cBut regardless of Gorsuch per se, there will be significant resistance just because of the anger and frustration with Garland\u2019s treatment.\u201d<\/p>\n<p>Democrats have no choice but to confirm Gorsuch, the best candidate under the circumstances, said Fried.<\/p>\n<p>\u201cThere may be a little bit of political back and forth, but it will go through,\u201d he said. \u201cThe Democrats have to let somebody go through. And there is not going to be anybody more acceptable than him.\u201d<\/p>\n\n\n<\/div>\n"}},"jetpack-related-posts":[{"id":307253,"url":"https:\/\/news.harvard.edu\/gazette\/story\/2020\/06\/harvard-experts-call-ruling-on-lgbt-rights-a-landmark\/","url_meta":{"origin":220497,"position":0},"title":"Harvard experts call ruling on LGBT rights a landmark","author":"harvardgazette","date":"June 16, 2020","format":false,"excerpt":"Harvard faculty members in law and gender issues declared Monday\u2019s Supreme Court ruling protecting gay and transgender workers a landmark for LGBT rights.","rel":"","context":"In "Nation & World"","block_context":{"text":"Nation & World","link":"https:\/\/news.harvard.edu\/gazette\/section\/nation-world\/"},"img":{"alt_text":"Rainbow flag in D.C.","src":"https:\/\/news.harvard.edu\/wp-content\/uploads\/2020\/06\/LGBTQ_Supreme_Court_AP_20168483247515_H_2500.jpg?resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/news.harvard.edu\/wp-content\/uploads\/2020\/06\/LGBTQ_Supreme_Court_AP_20168483247515_H_2500.jpg?resize=350%2C200 1x, https:\/\/news.harvard.edu\/wp-content\/uploads\/2020\/06\/LGBTQ_Supreme_Court_AP_20168483247515_H_2500.jpg?resize=525%2C300 1.5x, https:\/\/news.harvard.edu\/wp-content\/uploads\/2020\/06\/LGBTQ_Supreme_Court_AP_20168483247515_H_2500.jpg?resize=700%2C400 2x"},"classes":[]},{"id":220401,"url":"https:\/\/news.harvard.edu\/gazette\/story\/2017\/02\/neil-m-gorsuch-91-nominated-to-the-u-s-supreme-court\/","url_meta":{"origin":220497,"position":1},"title":"Neil M. Gorsuch \u201991 nominated to the U.S. Supreme Court","author":"harvardgazette","date":"February 1, 2017","format":false,"excerpt":"Neil M. 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