|Associate Justice of the Supreme Court of the United States|
April 8, 2017
|Nominated by||Donald Trump|
|Preceded by||Antonin Scalia|
|Judge of the United States Court of Appeals for the Tenth Circuit|
August 8, 2006 – April 9, 2017
|Nominated by||George W. Bush|
|Preceded by||David M. Ebel|
|Born||Neil McGill Gorsuch
August 29, 1967
Denver, Colorado, U.S.
|Relations||Anne Gorsuch Burford (mother)|
|Education||Columbia University (B.A.)
Harvard University (J.D.)
University College, Oxford (D.Phil.)
Neil McGill Gorsuch (// born August 29, 1967) is an Associate Justice of the Supreme Court of the United States. President Donald Trump nominated Gorsuch to succeed Antonin Scalia. Gorsuch is a proponent of textualism in statutory interpretation and originalism in interpreting the U.S. Constitution, and is an advocate of natural law philosophy.
Gorsuch clerked for Judge David B. Sentelle on the U.S. Court of Appeals for the D.C. Circuit from 1991 to 1992, and then for U.S. Supreme Court Justices Byron White and Anthony Kennedy, from 1993 to 1994. From 1995 to 2005, Gorsuch was in private practice with the law firm of Kellogg, Huber, Hansen, Todd, Evans & Figel. Gorsuch was a Deputy Associate Attorney General at the U.S. Department of Justice from 2005 to his appointment to the Tenth Circuit. Gorsuch was nominated to the United States Court of Appeals for the Tenth Circuit by President George W. Bush on May 10, 2006, to replace Judge David M. Ebel, who took senior status in 2006.
- 1 Early life
- 2 Career
- 2.1 Clerkships
- 2.2 Private law practice
- 2.3 U.S. Department of Justice
- 2.4 U.S. Court of Appeals for the Tenth Circuit
- 2.5 Nomination to the U.S. Supreme Court
- 2.6 Legal philosophy
- 3 Personal life
- 4 Awards and honors
- 5 Bibliography
- 6 See also
- 7 References
- 8 Further reading
- 9 External links
Gorsuch is the son of David Gorsuch and Anne Gorsuch Burford (née Anne Irene McGill; 1942–2004), a Colorado statehouse representative, who was appointed by President Ronald Reagan to be the first female Administrator of United States Environmental Protection Agency in 1981. A fourth-generation Coloradan, Gorsuch was born in Denver, Colorado, where he attended Christ the King, a K-12 Catholic school, and later graduated from Georgetown Preparatory School, a Jesuit school in North Bethesda, Maryland, in 1985.
He received his Bachelor of Arts degree in Political Science from Columbia University in 1988, where he was inducted into Phi Beta Kappa. He was also a member of Phi Gamma Delta fraternity. As an undergraduate student, he wrote for the Columbia Daily Spectator student newspaper. In 1986, he co-founded the alternative Columbia student newspaper The Fed.
Gorsuch attended Harvard Law School where he graduated cum laude in 1991 with a Juris Doctor. He received a Harry S. Truman Scholarship to attend. While at Harvard, Gorsuch was an editor on the Harvard Journal of Law and Public Policy. He was described as a committed conservative who supported the Gulf War and congressional term limits, on "a campus full of ardent liberals". Former President Barack Obama was one of Gorsuch's classmates at Harvard Law.
He received a Doctor of Philosophy degree in law (legal philosophy) from University College, Oxford in 2004 for research on assisted suicide and euthanasia. He attended Oxford as a Marshall Scholar and was supervised by acclaimed natural law philosopher John Finnis. While there, Gorsuch met and married his wife Louise, an Englishwoman and champion equestrienne on Oxford’s riding team.
Gorsuch served as a judicial clerk for Judge David B. Sentelle on the U.S. Court of Appeals for the D.C. Circuit from 1991 to 1992, and then for U.S. Supreme Court Justices Byron White and Anthony Kennedy from 1993–94.
Private law practice
Instead of joining an established law firm, Gorsuch decided to join the two-year-old boutique firm Kellogg, Huber, Hansen, Todd, Evans & Figel. Eschewing appellate briefs, he focused on trial work. After winning his first trial as lead attorney, a jury member told Gorsuch he was like Perry Mason. He was an associate in the Washington, D.C., law firm from 1995–97 and a partner from 1998 to 2005. Gorsuch’s clients included Colorado billionaire Philip Anschutz.
In 2002, Gorsuch penned an op-ed criticizing the Senate for delaying the nominations of Merrick Garland and John Roberts to the U.S. Court of Appeals for the D.C. Circuit, writing that "the most impressive judicial nominees are grossly mistreated" by the Senate.
In 2005, at Kellogg Huber, Gorsuch wrote a brief denouncing class action lawsuits by shareholders. In the case of Dura Pharmaceuticals, Inc. v. Broudo, Gorsuch opined that "The free ride to fast riches enjoyed by securities class action attorneys in recent years appeared to hit a speed bump" and that "the problem is that securities fraud litigation imposes an enormous toll on the economy, affecting virtually every public corporation in America at one time or another and costing businesses billions of dollars in settlements every year".
U.S. Department of Justice
Gorsuch served as Principal Deputy to the Associate Attorney General, Robert McCallum, at the United States Department of Justice from 2005 until 2006. During his time at the United States Department of Justice Civil Division, Gorsuch was tasked with all the "terror litigation" arising from the President's War on Terror, successfully defending the extraordinary rendition of Khalid El-Masri, fighting the disclosure of Abu Ghraib torture and prisoner abuse photographs, and, in November 2005, traveling to inspect the Guantanamo Bay detention camp. Gorsuch helped Attorney General Alberto Gonzales prepare for hearings after the public revelation of NSA warrantless surveillance (2001–07), and worked with Senator Lindsey Graham in drafting the provisions in the Detainee Treatment Act which attempted to strip federal courts of jurisdiction over the detainees.
U.S. Court of Appeals for the Tenth Circuit
In January 2006, Philip Anschutz recommended Gorsuch's nomination to Colorado’s U.S. Senator Wayne Allard and White House Counsel Harriet Miers. On May 10, 2006, Gorsuch was nominated by President George W. Bush to the seat on the United States Court of Appeals for the Tenth Circuit vacated by Judge David M. Ebel, who was taking senior status. Like Gorsuch, Ebel was a former clerk of Supreme Court Justice Byron R. White. The American Bar Association's Standing Committee on the Federal Judiciary unanimously rated him "well qualified" in 2006.
During his time on the Circuit Court, since 2008, Gorsuch has been a Thomson Visiting Professor at the University of Colorado Law School, teaching one course per semester, either ethics or antitrust law.
Freedom of religion
Gorsuch advocates a broad definition of religious freedom. In Hobby Lobby Stores v. Sebelius (2013) Gorsuch wrote a concurrence when the en banc circuit found the Affordable Care Act's contraceptive mandate on a private business violated the Religious Freedom Restoration Act. That ruling was upheld 5–4 by the Supreme Court in Burwell v. Hobby Lobby Stores, Inc. (2014). When a panel of the court denied similar claims under the same act in Little Sisters of the Poor Home for the Aged v. Burwell (2015), Gorsuch joined Judges Harris Hartz, Paul Joseph Kelly Jr., Timothy Tymkovich, and Jerome Holmes in their dissent to the denial of rehearing en banc. That ruling was vacated and remanded to the Tenth Circuit by the per curium Supreme Court in Zubik v. Burwell (2016).
In Pleasant Grove City v. Summum (2007), he joined Judge Michael W. McConnell's dissent from the denial of rehearing en banc, taking the view that the government's display of a donated Ten Commandments monument in a public park did not obligate the government to display other offered monuments. Most of the dissent's view was subsequently adopted by the Supreme Court, which reversed the judgment of the Tenth Circuit.
Gorsuch has written that "the law [...] doesn't just apply to protect popular religious beliefs: it does perhaps its most important work in protecting unpopular religious beliefs, vindicating this nation's long-held aspiration to serve as a refuge of religious tolerance".
Gorsuch has called for reconsideration of Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984), in which the Supreme Court instructed courts to grant deference to federal agencies' interpretation of ambiguous laws and regulations. In Gutierrez-Brizuela v. Lynch (2016), Gorsuch wrote for a unanimous panel finding that court review was required before an executive agency could reject the circuit court's interpretation of an immigration law.
Alone, Gorsuch added a concurring opinion, criticizing Chevron deference and National Cable & Telecommunications Ass'n v. Brand X Internet Services (2005) as an "abdication of judicial duty", writing that deference is "more than a little difficult to square with the Constitution of the framers' design".
In United States v. Hinckley (2008), Gorsuch argued that one possible reading of the Sex Offender Registration and Notification Act likely violates the nondelegation doctrine. Antonin Scalia and Ruth Bader Ginsberg held the same view in their 2012 dissent of Reynolds v. United States.
Gorsuch has been an opponent of the dormant Commerce Clause, which allows state laws to be declared unconstitutional if they too greatly burden interstate commerce. In 2011, Gorsuch joined a unanimous panel finding that the dormant Commerce Clause did not prevent the Oklahoma Water Resources Board from blocking water exports to Texas. That ruling was affirmed by a unanimous Supreme Court in Tarrant Regional Water District v. Herrmann (2013).
In 2013, Gorsuch joined a unanimous panel finding that federal courts could not hear a challenge to Colorado's internet sales tax. That ruling was reversed by a unanimous Supreme Court in Direct Marketing Ass'n v. Brohl (2015). In 2016, the Tenth Circuit panel rejected the challenger's dormant commerce clause claim, with Gorsuch writing a concurrence.
In Energy and Environmental Legal Institute v. Joshua Epel (2015), Gorsuch held that Colorado's mandates for renewable energy did not violate the commerce clause by putting out-of-state coal companies at a disadvantage. Gorsuch wrote that the Colorado renewable energy law "isn't a price-control statute, it doesn't link prices paid in Colorado with those paid out of state, and it does not discriminate against out-of-staters".
In Riddle v. Hickenlooper (2014), Gorsuch joined a unanimous panel of the Tenth Circuit in finding that it was unconstitutional for a Colorado law to set the limit on donations for write-in candidates at half the amount for major party candidates. Gorsuch added a concurrence where he noted that although the standard of review of campaign finance in the United States is unclear, the Colorado law would fail even under intermediate scrutiny.
In Planned Parenthood v. Gary Herbert (2016), Gorsuch wrote for the four dissenting judges when the Tenth Circuit denied a rehearing en banc of a divided panel opinion that had ordered the Utah Governor to resume the organization’s funding, which Herbert had blocked in response to a video controversy.
In A.M., on behalf of her minor child, F.M. v. Ann Holmes (2016), the Tenth Circuit considered a case in which a 13-year-old child was arrested for burping and laughing in gym class. The child was handcuffed and arrested based on a New Mexico statute that makes it a misdemeanor to disrupt school activities. The child's family brought a federal 42 U.S.C. § 1983 (civil rights) action against school officials and the school resource officer who made the arrest, arguing that it was a false arrest that violated the child's constitutional rights. In a 94-page majority opinion, the Tenth Circuit held that the defendants enjoyed qualified immunity from suit.
Gorsuch wrote a four-page dissent, arguing that the New Mexico Court of Appeals had "long ago alerted law enforcement" that the statute that the officer relied upon for the child's arrest does not criminalize noises or diversions that merely disturb order in a classroom.
In 2009, Gorsuch wrote for a unanimous panel finding that a court may still order criminals to pay restitution even after it missed a statutory deadline. That ruling was affirmed 5–4 by the Supreme Court in Dolan v. United States (2010).
In United States of America v. Miguel Games-Perez (2012), Gorsuch ruled on a case where a felon owned a gun in a jurisdiction where gun ownership by felons is illegal; however, the felon did not know that he was a felon at the time. Gorsuch concurred with the opinion that "The only statutory element separating innocent (even constitutionally protected) gun possession from criminal conduct in §§ 922(g) and 924(a) is a prior felony conviction. So the presumption that the government must prove mens rea here applies with full force."
In 2013, Gorsuch joined a unanimous panel finding that intent does not need to be proven under a bank fraud statute. That ruling was affirmed by a Supreme Court unanimous in judgment in Loughrin v. United States (2014).
In 2015, Gorsuch wrote a dissent to the denial of rehearing en banc when the Tenth Circuit found that a convicted sex offender had to register with Kansas after he moved to the Philippines. The Tenth Circuit was then reversed by a unanimous Supreme Court in Nichols v. United States (2016).
Gorsuch favors a strict reading of the Antiterrorism and Effective Death Penalty Act of 1996. In 2015, he wrote for the court when it permitted Oklahoma Attorney General Scott Pruitt to order the execution of Scott Eizember, prompting a thirty-page dissent by Judge Mary Beck Briscoe. After Oklahoma botched the execution of Clayton Lockett, Gorsuch joined Briscoe when the court unanimously allowed Attorney General Pruitt to continue using the same lethal injection protocol. That ruling was upheld 5–4 by the Supreme Court in Glossip v. Gross (2015).
List of judicial opinions
During his tenure on the United States Court of Appeals for the Tenth Circuit, Judge Gorsuch has authored 212 published opinions. Some of those are the following opinions:
- United States v. Hinckley, 550 F. 3d 926 (2008) on principles of interpretation and construction of a statute, according to plain meaning and context
- United States v. Ford, 550 F. 3d 975 (2008) on entrapment and email evidence
- Blausey v. US Trustee, 552 F. 3d 1124 (2009) on procedure
- Williams v. Jones, 583 F. 3d 1254 (2009) dissent, on murder and evidence
- Wilson v. Workman, 577 F. 3d 1284 (2009) habeas corpus writ procedure
- Fisher v. City of Las Cruces, 584 F. 3d 888 (2009) Fourth Amendment excessive force claims against police officers
- Strickland v. United Parcel Service, Inc., 555 F. 3d 1224 (2009) on gender discrimination and harassment, arguing that if men are treated as equally badly as women, there is no claim
- American Atheists, Inc. v. Davenport, 637 F. 3d 1095 (2010) on crosses displayed on highways
- Flitton v. Primary Residential Mortgage, Inc. (2010) on jurisdiction over attorney fees in a gender discrimination and retaliation case
- Laborers' International Union, Local 578 v. NLRB, 594 F. 3d 732 (2010) dismissing the union's challenge to an National Labor Relations Board (NLRB) finding that the union committed an unfair labor practice by persuading a company to dismiss a worker who did not pay union dues
- McClendon v. City of Albuquerque, 630 F. 3d 1288 (2011) dismissing class action lawsuit over inhumane jail conditions
- Public Service Co. of New Mexico v. NLRB, 692 F. 3d 1068 (2012) dismissing a union's claim that the NLRB was wrong to not find an unfair labor practice, when an employer dismissed a worker for deliberately disconnecting a customer's gas supply (no evidence that it treated this employee differently)
- United States v. Games-Perez, 695 F. 3d 1104 (2012) on imprisonment without trial
- United States v. Games-Perez, 667 F. 3d 1136 (2012) on criminal law procedure
- Hobby Lobby Stores, Inc. v. Sebelius, 723 F. 3d 1114 (2013) on the Affordable Care Act and religious freedom
- Niemi v. Lasshofer, 728 F. 3d 1252 (2013) fugitive disentitlement doctrine
- Riddle v. Hickenlooper, 742 F. 3d 922 (2014) stating: "No one before us disputes that the act of contributing to political campaigns implicates a 'basic constitutional freedom,' one lying 'at the foundation of a free society' and enjoying a significant relationship to the right to speak and associate—both expressly protected First Amendment activities. Buckley v. Valeo, 424 U.S. 1, 26 (1976)"
- Yellowbear v. Lampert, 741 F. 3d 48 (2014) freedom to practice religion in prison
- Teamsters Local Union No. 455 v. NLRB, 765 F. 3d 1198 (2014) denying a labor union's claim that a lockout entitled employees to back pay, under the NLRA 1935, 29 USC § 158(a)(1)
- United States v. Krueger, 809 F. 3d 1109 (2015) regarding the Fourth Amendment and search and seizures
- International Union of Operating Engineers v. NLRB Nos. 14-9605, 14-9613 (2015) on NLRB's review of an unfair labor practice by a union, removing an employee from an eligible work list and refusing her the right to review
- United States v. Arthurs (2016) evidence
- United States v. Mitchell (2016) evidence, tracking without a warrant
- NLRB v. Community Health Services, 812 F.3d 768 (2016) dissenting, arguing against an NLRB decision that interim earnings should not be disregarded when calculating back pay for employees whose hours were unlawfully reduced
- TransAm Trucking v. Administrative Review Board, 833 F. 3d 1206 (2016) dissenting against the majority's judgment that an employee was unjustly dismissed.
- Gutierrez-Brizuela v. Lynch, 834 F.3d 1142 (2016) on U.S. administrative law, doubting the doctrine of deference to the federal government by courts in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 US 837 (1984)
Nomination to the U.S. Supreme Court
During the U.S. presidential election in September 2016, candidate Donald Trump included Gorsuch, as well as his circuit colleague Timothy Tymkovich, in a list of 21 current judges whom Trump would consider nominating to the Supreme Court if elected. After Trump took office in January 2017, unnamed Trump advisers listed Gorsuch in a shorter list of eight of those names, who they said were the leading contenders to be nominated to fill the seat left vacant by the death of Justice Antonin Scalia.
On January 31, 2017, President Trump announced his nomination of Gorsuch to the Supreme Court. Gorsuch was 49 years old at the time of the nomination, making him the youngest nominee to the Supreme Court since the 1991 nomination of Clarence Thomas (who was 43). It was reported by the Associated Press that, as a courtesy, Gorsuch's first call after the nomination was to President Obama's pick for the same position, Merrick Garland. Garland, Chief Judge of the United States Court of Appeals for the District of Columbia Circuit, had been nominated by Obama on March 16, 2016. Senate Judiciary Committee Chairman Chuck Grassley did not schedule a hearing for the nominee", leaving Garland's nomination to expire on January 3, 2017. Trump formally transmitted his nomination to the Senate on February 1, 2017.
The American Bar Association gave Gorsuch their top rating—"Well Qualified"—to serve as Associate Justice of the U.S. Supreme Court. His confirmation hearing before the Senate started on March 20, 2017.
On April 3, the Senate Judiciary committee approved his nomination with a party-line 11–9 vote. On April 6, 2017, Democrats filibustered (prevented cloture) the confirmation vote of Gorsuch, after which the Republicans invoked the "nuclear option", allowing a filibuster of a Supreme Court nominee to be broken by a simple majority vote.
On April 7, 2017, the Senate confirmed Gorsuch's nomination to the Supreme Court by a 54–45 vote, with three Democrats joining all the Republicans in attendance.
Gorsuch received his commission on April 8, 2017. He was sworn into office on Monday, April 10, 2017, in two ceremonies. The Chief Justice of the United States administered the first oath of office in a private ceremony at 9:00 a.m. at the Supreme Court, making Gorsuch the 101st associate justice of the Court. At 11:00 a.m., Justice Anthony M. Kennedy administered the second oath of office in a public ceremony at the White House Rose Garden.
Gorsuch is a proponent of originalism, the idea that the Constitution should be interpreted as perceived at the time of enactment, and of textualism, the idea that statutes should be interpreted literally, without considering the legislative history and underlying purpose of the law. An editorial in the National Catholic Register opined that Gorsuch's judicial decisions lean more toward the natural law philosophy.
In a 2005 speech at Case Western Reserve University, Gorsuch said that judges should strive
to 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.
In a 2005 article published by National Review, Gorsuch argued that "American liberals have become addicted to the courtroom, relying on judges and lawyers rather than elected leaders and the ballot box, as the primary means of effecting their social agenda" and that they are "failing to reach out and persuade the public". Gorsuch wrote that, in doing so, American liberals are circumventing the democratic process on issues like gay marriage, school vouchers, and assisted suicide, and this has led to a compromised judiciary, which is no longer independent. Gorsuch wrote that American liberals' "overweening addiction" to using the courts for social debate is "bad for the nation and bad for the judiciary".
States' rights and federalism
Gorsuch was described by Justin Marceau, a professor at the University of Denver's Sturm College of Law, as "a predictably socially conservative judge who tends to favor state power over federal power". Marceau added that the issue of states' rights is important since federal laws have been used to reel in "rogue" state laws in civil rights cases.
In the book, Gorsuch makes clear his personal opposition to euthanasia and assisted suicide, arguing that America should "retain existing law [banning assisted suicide and euthanasia] on the basis that human life is fundamentally and inherently valuable, and that the intentional taking of human life by private persons is always wrong."
Oxford University Emeritus Professor John Finnis, who supervised Gorsuch's dissertation at Oxford disagreed and stated, "The allegation is entirely without foundation. The book is meticulous in its citation of primary sources. The allegation that the book is guilty of plagiarism because it does not cite secondary sources which draw on those same primary sources is, frankly, absurd." Abigail Lawlis Kuzma, the supposed victim of the plagiarism and who is Indiana's deputy attorney general, supported Gorsuch in the matter by stating, "I have reviewed both passages and do not see an issue here, even though the language is similar. These passages are factual, not analytical in nature, framing both the technical legal and medical circumstances of the ‘Baby/Infant Doe’ case that occurred in 1982."
Gorsuch has timeshare ownership of a cabin on the headwaters of the Colorado River outside Granby, Colorado with associates of Philip Anschutz. He enjoys the outdoors and fly fishing and on at least one occasion went fly fishing with Justice Scalia. He raises horses, chickens, and goats, and often arranges ski trips with colleagues and friends.
He is the author of two books. His first book, The Future of Assisted Suicide and Euthanasia, was published by Princeton University Press in July 2006. He is a co-author of The Law of Judicial Precedent, published by Thomson West in 2016.
Neil and his siblings, brother J.J. and sister Stephanie, were raised as Roman Catholics and attended weekly Mass. Neil Gorsuch later attended Georgetown Preparatory School, a Jesuit school in North Bethesda, Maryland, from which he graduated in 1985.
Gorsuch's wife, Louise, is British-born and the two met while Neil was studying at Oxford. When the couple returned to the United States they started attending an Episcopal parish in Vienna, Virginia. Gorsuch currently attends St. John's Episcopal Church in Boulder. If Gorsuch considers himself Protestant, his confirmation would make him the first Protestant to sit on the U.S. Supreme Court since the retirement of Justice John Paul Stevens. Gorsuch has not publicly stated if he considers himself a Catholic who attends a Protestant church, or if he has fully converted to Protestantism, but "according to church records, the Gorsuches were members of Holy Comforter", an Episcopal church.
Awards and honors
Gorsuch is the recipient of the Edward J. Randolph Award for outstanding service to the Department of Justice, and of the Harry S. Truman Foundation's Stevens Award for outstanding public service in the field of law.
- Gorsuch, Neil M. (September 3, 2016). Legacy of Supreme Court Justice Antonin Scalia. Tenth Circuit Court Bench & Bar Conference. Colorado Springs, Colorado: C-Span.
- "Access to Affordable Justice: A Challenge to the Bench, Bar, and Academy" (PDF). Judicature. Durham, North Carolina: Duke Law Center for Judicial Studies, Duke University School of Law. 100 (3): 46. Autumn 2016. Retrieved February 14, 2017.
- "Of Lions and Bears, Judges and Legislators, and the Legacy of Justice Scalia". Case Western Reserve Law Review. Cleveland, Ohio. 66 (4): 905–20. April 7, 2016. Retrieved February 15, 2017.
- "Thirteenth Annual Barbara K. Olson Memorial Lecture" (PDF). Harvard Journal of Law & Public Policy. Harvard Society for Law & Public Policy. 37 (3): 743–56. 2014. Retrieved February 18, 2017.
- "Effective Brief Writing", in Appellate Practice Update, 2013 (Denver: CLE in Colorado, 2013) (co-author with Nathan B. Coats, Stephanie E. Dunn, Blain D. Myhre, Jesse H. Witt).
- "Intention and the Allocation of Risk", in Reason, Morality, and Law: the Philosophy of John Finnis, (John Keown & Robert P. George eds.) (Oxford: Oxford University Press, 2013) doi:10.1093/acprof:oso/9780199675500.003.0026
- "A Reply to Raymond Tallis on the Legalization of Assisted Suicide and Euthanasia", The Journal of Legal Medicine (2007), Volume 28, pp. 327–32 doi:10.1080/01947640701554468
- "The assisted suicide debate", The Times Literary Supplement, May 18, 2007.
- The Future of Assisted Suicide and Euthanasia. Princeton, NJ: Princeton University Press. 2006. ISBN 978-1-4008-3034-3.
- "Settlements in Securities Fraud Class Actions: Improving Investor Protections", Wash. Leg. Foundation (April 2005) and Andrews Class Action Litigation Reporter (August 2005).
- "Liberals ‘N’ Lawsuits", The National Review Online (Feb. 2005).
- "No Loss, No Gain", Legal Times, January 31, 2005.
- "FTC Workshop: Protecting Consumer Interests in Class Actions, Workshop Transcript: Panel 2: Tools for Ensuring that Settlements Are 'Fair, Reasonable, and Adequate'." (Panelist), September 13–14, 2004. Transcript published at 18 Geo. J. Legal Ethics 1197.
- Letter to the Editor: Nonpartisan Fee Awards, Washington Post, March 18, 2004, at page A30.
- "The Legalization of Assisted Suicide and the Law of Unintended Consequences: A Review of the Dutch and Oregon Experiments and Leading Utilitarian Arguments for Legal Change", 2004 Wisc. L. Rev. 1347 (2004).
- The Right to Receive Assistance in Suicide and Euthanasia, with Particular Reference to the Law of the United States (Ph. D. Dissertation; University of Oxford; 2004).
- "Justice White and Judicial Excellence", distributed by UPI (May 4, 2002).
- "The Right to Assisted Suicide and Euthanasia", 23 Harv. J. L. & Pub. Pol’y 599 (2000) PMID 12524693
- "Rule of Law: The Constitutional Case for Term Limits", Wall St. J., November 4, 1992, at page A15.
- Michael Guzman, "Will the Gentlemen Please Yield? A Defense of the Constitutionality of State-Imposed Term Limits", 20 Hofstra L. Rev. 341 (1991); also published as Cato Institute Policy Analysis No. 178 (1992).
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- Gorsuch, Neil McGill (2004). The right to receive assistance in suicide and euthanasia, with particular reference to the law of the United States. ora.ox.ac.uk (DPhil thesis). University of Oxford. OCLC 59196002.
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- The same 1993 Term, Gorsuch's Harvard Law School classmates David T. Goldberg (HLS 1991) and Julius Genachowski (HLS 1991) both clerked for Justice David Souter.
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- "Trump's pick for Supreme Court a visiting professor at CU Boulder". CU Boulder Today. Boulder, Colorado: Regents of the University of Colorado. January 31, 2017. Retrieved February 6, 2017.
- "University of Colorado Law School website: Judge Neil Gorsuch page". University of Colorado. Boulder, Colorado. Retrieved January 31, 2017.
Judge Neil M. Gorsuch was nominated to the United States Court of Appeals for the Tenth Circuit in May 2006. His nomination was confirmed in the United States Senate by unanimous voice vote.
- "Recent Cases: Tenth Circuit Holds For-Profit Corporate Plaintiffs Likely to Succeed on the Merits of Substantial Burden on Religious Claim", 127 Harv. L. Rev. 1025 (2014) discussing Hobby Lobby Stores, Inc. v. Sebelius, 723 F.3d 1114 (10th Cir. 2013).
- Citron, Eric, Potential nominee profile: Neil Gorsuch, SCOTUSblog.com, January 13, 2017.
- Little Sisters of the Poor Home for the Aged v. Burwell, 799 F.3d 1315 (10th Cir. 2015) (Hartz, J., dissenting from denial of rehearing en banc).
- Summum v. Pleasant Grove City, 499 F.3d 1170, 1175 (10th Cir. 2007) (McConnell, J., dissenting from denial of rehearing en banc)..
- Barnes, Robert (January 28, 2017). "Neil Gorsuch naturally equipped for his spot on Trump's Supreme Court shortlist". Washington Post. Retrieved February 15, 2017.
- Frankel, Allison (August 24, 2016). "Is court deference to federal agencies unconstitutional? 10th Circuit judge thinks so.". Reuters. Retrieved February 2, 2017.
- Gutierrez-Brizuela v. Lynch, 834 F.3d 1142 (10th Cir. 2016).
- Adler, Jonathan H. (August 24, 2016). "Should Chevron be reconsidered? A federal judge thinks so.". The Washington Post.
- "Hugo Rosario Gutierrez-Brizuela v. Loretta E. Lynch" (PDF). United States Court of Appeals for the Tenth Circuit. August 23, 2016.
- "United States of America v. Shawn Lloyd Hinckley" (PDF). United States Court of Appeals for the Tenth Circuit. December 9, 2008.
- "Reynolds v. United States". SCOTUSBlog.com. January 23, 2012.
- Tarrant Regional Water Dist. v. Herrmann, 656 F.3d 1222 (10th Cir. 2011).
- Recht, Hannah (January 2, 2017). "Seven Cases Where the Supreme Court Sided With Neil Gorsuch (And One Time it Didn't)". Bloomberg News. Retrieved February 6, 2017.
- Direct Marketing Ass'n v. Brohl, 735 F. 3d 904 (10th Circ. 2013).
- Direct Marketing Ass'n v. Brohl, 814 F.3d 1129 (10th Cir. 2016).
- Energy and Environment Legal Institute v. Epel, 793 F.3d 1169 (10th Cir. 2015).
- Proctor, Cathy (July 14, 2015). "Federal judges rule on Colorado's renewable energy mandate". Denver Business Journal.
- "Energy and Environmental Legal Institute v. Joshua Epel" (PDF). United States Court of Appeals for the Tenth Circuit. July 13, 2015.
- Torres-Spelliscy, Ciara (February 3, 2017). "Neil Gorsuch Understands Campaign Finance—And That's The Problem". Brennan Center for Justice. Retrieved March 20, 2017.
- Riddle v. Hickenlooper, 742 F.3d 922 (10th Cir. 2014).
- Robert Barnes (March 18, 2017). "Rulings offer glimpse into what kind of justice Gorsuch would be". The Washington Post. p. A1. Retrieved March 20, 2017.
- Planned Parenthood Association of Utah v. Herbert, 839 F.3d 1301 (10th Cir. 2016).
- Feldman, Noah (July 27, 2016). "A Belch in Gym Class. Then Handcuffs and a Lawsuit.". Bloomberg. New York. Retrieved February 1, 2017.
- Sandlin, Scott (July 28, 2016). "Burp arrest of 7th-grader upheld by fed appeals court". Albuquerque Journal. Albuquerque, New Mexico.
- "A.M., on behalf of her minor child, F.M. v. Ann Holmes; Principal Susan Labarge; Arthur Acosta, City of Albuquerque Police Officer, in his individual capacity" (PDF). United States Court of Appeals Tenth Circuit. July 25, 2016. Retrieved February 1, 2017.
- United States v. Dolan, 571 F.3d 1022 (10th Cir. 2009).
- "United States of America v. Miguel Games-Perez" (PDF). United States Court of Appeals for the Tenth Circuit. September 17, 2012.
- United States v. Loughrin, 710 F.3d 1111 (10th Cir. 2013)
- United States v. Nichols, 784 F. 3d 666, 667 (10th 2015) (Gorsuch, J., dissenting from denial of rehearing en banc).
- Boczkiewicz, Robert (September 15, 2015). "Court upholds death penalty in deadly 2003 Oklahoma crime spree". The Oklahoman.
- Eizember v. Trammell, 803 F.3d 1129 (10th Cir. 2015).
- "The Supreme Court, 2014 Term: Leading Cases" (PDF). Harvard Law Review. 129: 171. 2015.
- "Selected Resources on Neil M. Gorsuch". Law Library of Congress. Library of Congress. Retrieved February 6, 2017.
- Carpentier, Megan (September 24, 2016). "Trump's supreme court picks: from Tea Party senator to anti-abortion crusader". The Guardian. Retrieved October 12, 2016.
- "Donald Trump Supreme Court List". Donaldjtrump/com. Retrieved April 3, 2017.
- Gerstein, Josh (January 3, 2017). "A closer look at Trump's potential Supreme Court nominees. He was chosen by President Trump on January 31 to ascend to the Supreme Court,". Politico.
- Davis, Julie Hirschfeld; Landler, Mark (February 1, 2017). "Trump's Court Pick Sets Up Political Clash—Democrats Digging In—Gorsuch Would Restore a 5-to-4 Split". The New York Times. p. A1. Retrieved January 31, 2017.
- "Gorsuch Phoned Garland, the Judge GOP Rejected", Telegram.com, February 1, 2017.
- "Congressional Record | Congress.gov | Library of Congress". Congress.gov. February 1, 2017. Retrieved April 3, 2017.
- "ABA Committee on Federal Judiciary Rates Supreme Court Nominee Neil Gorsuch "Well Qualified" « ABA News Archives". www.americanbar.org. Retrieved March 12, 2017.
- Kim, Seung Min. "Gorsuch confirmation hearing set for March 20". Politico. Retrieved February 16, 2017.
- Flegenheimer, Matt (April 4, 2017). "Democrats' Vow to Bar Gorsuch Sets Up a Clash, Senate Decorum Fades, Seeing 'No Alternative,' Republicans Plan to Bypass Filibuster". The New York Times. p. A1. Retrieved April 15, 2017.
- Killough, Ashley. "GOP triggers nuclear option on Neil Gorsuch nomination". CNN Politics. Retrieved April 7, 2017.
- Adam Liptak; Matt Flegenheimer (April 8, 2017). "Neil Gorsuch Confirmed by Senate as Supreme Court Justice". The New York Times. p. A1. Retrieved April 15, 2017.
- "Gorsuch, Neil M. - Federal Judicial Center".
- Totenberg, Nina (April 7, 2017). "Senate Confirms Gorsuch To Supreme Court". NPR. Retrieved April 7, 2017.
- "President Donald J. Trump Congratulates Judge Neil M. Gorsuch on his Historic Confirmation". April 7, 2017.
- "Gorsuch sworn in as Supreme Court justice in Rose Garden as Trump beams". Retrieved April 15, 2017.
- Paul Kengor. "Neil Gorsuch and Natural Law". Ncregister.com. Retrieved April 3, 2017.
- de Vogue, Ariane (January 25, 2017). "How Neil Gorsuch could end up as Donald Trump's Supreme Court nominee". CNN.
- Gorsuch, Neil (February 7, 2005). "Liberals 'N' Lawsuits". National Review.
- Simpson, Kevin (December 11, 2016). "Neil Gorsuch: Elite credentials, conservative western roots land Denver native on SCOTUS list". The Denver Post.
- Gerald Dworkin (March 20, 2017). "The Future of Assisted Suicide and Euthanasia (review)". The New Rambler. Retrieved March 20, 2017.
- Gorsuch, N.M. (2009). The Future of Assisted Suicide and Euthanasia. New Forum Books. Princeton University Press. ISBN 978-1-4008-3034-3. Retrieved February 1, 2017.
- Oliver Laughland, Molly Redden, Robert Booth and Owen Bowcott (February 3, 2017). "Oxford scholar who was mentor to Neil Gorsuch compared gay sex to bestiality". The Guardian. Retrieved February 25, 2017.
- Matthew, Dylan (February 5, 2017). "I read Supreme Court nominee Neil Gorsuch's book. It's very revealing.". Vox.com. Retrieved February 15, 2017.
- Kerr, Andrew (April 6, 2017). "Gorsuch Plagiarism Accuser Called Out On Hypocrisy". Western Journalism. Phoenix, Arizona. Retrieved April 6, 2017.
- Bryan Logan (April 4, 2016) Neil Gorsuch is accused of plagiarism amid a heated Supreme Court confirmation fight, businessinsider.com; accessed April 15, 2017.
- "Gorsuch's writings borrow from other authors". politico.com. Retrieved April 15, 2017.
- Burness, Alex. Students of Supreme Court candidate Neil Gorsuch at CU law school cite fairness, dedication to truth, Denver Post, February 1, 2017.
- "Supreme Court choice Neil Gorsuch draws Democrat opposition". BBC. Retrieved February 1, 2017.
- Taylor, Audrey; Geneva Sands (January 26, 2017). "Judge Neil Gorsuch: What You Need to Know About the Possible SCOTUS Nominee". ABC News.
- "Neil Gorsuch Belongs to a Notably Liberal Church—and Would Be the First Protestant on the Court in Years". Washington Post. February 1, 2017. Retrieved February 25, 2017.
- Shellnutt, Kate. "Trump's Supreme Court Pick: Religious Freedom Defender Neil Gorsuch". Christianity Today. Retrieved January 31, 2017.
- Burke, Daniel. "What is Neil Gorsuch's religion? It's complicated". CNN Religion. Retrieved March 21, 2017.
- Questionnaire for the Nominee to the Supreme Court submitted to the U.S. Senate Judiciary Committee
- Congressional Research Service Report R44778, Judge Neil M. Gorsuch: His Jurisprudence and Potential Impact on the Supreme Court, coordinated by Andrew Nolan, Caitlin Devereaux Lewis, and Kate M. Manuel (2017).
- Congressional Research Service Report R44772, Majority, Concurring, and Dissenting Opinions by Judge Neil M. Gorsuch, coordinated by Michael John Garcia (2017).
- Congressional Research Service Legal Sidebar, The Essential Neil Gorsuch Reader: What Judge Gorsuch Cases Should You Read? (2017).
- Neil Gorsuch's entry at the Federal Judicial Center
- Selected Resources on Neil M. Gorsuch, Law Library of Congress website
- Nominee Spotlight on Judge Neil M. Gorsuch at the Stanford Law Review Online
- Appearances on C-SPAN
- Law's Irony lecture YouTube video as given at the Federalist Society (29 min.)
- Biography, whitehouse.gov
- Profile, dailymail.co.uk; accessed April 14, 2017.
|Associate Justice of the Supreme Court of the United States
David M. Ebel
|Judge of the United States Court of Appeals for the Tenth Circuit
|United States order of precedence (ceremonial)|
as Associate Justice of the Supreme Court
|Order of Precedence of the United States
as Associate Justice of the Supreme Court
Senior Chief Justices of the Supreme Court
Otherwise John Paul Stevens
as Senior Associate Justice of the Supreme Court