Why Trump chose Neil Gorsuch as his Supreme Court nominee
WASHINGTON — President Trump believes he found the next Antonin Scalia — a younger one.
Working through a list of 21 candidates in recent months, Trump found himself drawn to Colorado-based appeals judge Neil Gorsuch for reasons that included his rulings against government regulatory overreach; his adherence to Scalia's judicial philosophies; his calm demeanor and sense of humor; his writing style; his strong support from conservative legal groups — and his youth.
At age 49, Gorsuch could put his stamp on the high court for decades, as Trump referenced during a White House ceremony in the East Room to unveil the newly minted nominee.
"Depending on their age, a justice can be active for 50 years, and his or her decisions can last a century or more and can often be permanent," Trump said Tuesday night.
Trump, who is seeking to reduce government regulations on businesses, likes Gorsuch's opinions criticizing what the judge calls overreach by government regulatory agencies, often acting under vague or undefined authority, said four people familiar with the decision-making process, speaking on condition of anonymity because they want to keep the focus on the president.
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Gorsuch's concerns about over-regulation include cases dealing with one of Trump's top political issues, religious liberty. The Colorado jurist has sided with Hobby Lobby and Little Sisters of the Poor in claims that birth control requirements of President Obama's health care law violated their religious beliefs.
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Philosophically, Gorsuch adheres to Scalia's view that judges should base rulings on the words of the Constitution at the time they written ("originalism"). He also agrees with Scalia on "textualism." the belief that judges should evaluate laws on the plain texts of the statutes, and not impose outside factors.
Attorneys around Trump recommended Gorsuch, a longtime star in conservative legal circles, said three administration officials and one outside consultant working on the nomination. And conservative groups like the Federalist Society also spoke highly of Gorsuch, another factor behind Trump's selection.
Trump himself cited the quality of Gorsuch's opinions — vivid writing was also a hallmark of Scalia's tenure on the bench — as well as educational background that includes Columbia and Harvard Law School.
"Judge Gorsuch has outstanding legal skills, a brilliant mind, tremendous discipline, and has earned bipartisan support," Trump said, noting that the Senate unanimously voted to confirm him to his current appeals court slot.
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The four people close to the selection said Trump also hit it off personally with Gorsuch, who has a judicial mien but also a genteel manner that could appeal to the American public, not to mention some Democratic senators ahead of what could be a brutal confirmation battle.
In his brief remarks at the White House, Gorsuch displayed his reputation for humor when he noted he once clerked for Justice Byron White, a former football star: "The last Coloradan to serve on the Supreme Court, and the only justice to lead the NFL in rushing."
Senators who attended the ceremony said they believe Trump was drawn by Gorsuch's entire résumé, from conservative constitutional rulings to an engaging personality.
"His record is exemplary," said Sen. Ted Cruz, R-Texas.
As Trump planned his announcement, the Judicial Crisis Network announced a $10 million ad effort on the nominee's behalf. Targets include Democratic senators in states where Trump won big: Missouri, Indiana, North Dakota and Montana.
Before the high-profile announcement, White House spokesman Sean Spicer said up to 70% of Trump's votes called the Supreme Court an important factor in their decisions.
"I can assure you that this individual will make those voters and every American very, very proud," Spicer said.
