Home
/
RELIGION & LIBERTY ONLINE
/
What you should know about Supreme Court nominee Neil Gorsuch
What you should know about Supreme Court nominee Neil Gorsuch
Jan 25, 2026 9:58 PM

Today the U.S. Senate confirmed the nomination of Judge Neil Gorsuchto replace the late Justice Antonin Scalia. President Trump will swear in Judge Gorsuchearly next week.

Here is what you should know about the nextassociate justice of the Supreme Court of the United States.

Neil Gorsuch

Age: 49

Birthplace: Denver, Colorado

Education: B.A. from Columbia University; J.D. from Harvard Law School; PhD in Law from University College at Oxford University.

Current judgeship:U.S. Court of Appeals for the Tenth Circuit (appointed by George W. Bush).

Previous roles: In the early 1990s, Judge Gorsuch clerked for U.S. Supreme Court Justices Byron White and Anthony Kennedy. He served in private practice at the Washington, D.C. law firm of Kellogg, Huber, Hansen, Todd, Evans & Figel, and served as principal deputy to the associate attorney general and acting associate attorney general, U.S. Department of Justice.

Religious denomination: Episcopalian

Family: Judge Gorsuch is married and has two daughters. His mother served as President Reagan’s head of the Environmental Protection Agency.

Judicial philosophy: Judge Gorsuch is considered a proponent of originalism, a manner of interpreting the Constitution that begins with the text and attempts to give that text the meaning it had when it was adopted, and textualism, a method of statutory interpretation that relies on the plain text of a statute to determine its meaning.

Positions and rulings

Religious Liberty:Gorsuch was on the Tenth Circuit when they heard the religious liberty case,Hobby Lobby Stores vs. Sebelius.The court ruled federal law prohibited the requirement from applying to closely held corporations, a position upheld by the Supreme Court. In his opinion Gorsuch wrote that theReligious Freedom Restoration Act applied to the owners of Hobby Lobby: “The Act 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.”

The Tenth Circuit also heard the case ofLittle Sisters of the Poor Home for the Aged vs. Burwell.In his dissent, Gorsuch wrote:

The opinion of the panel majority is clearly and gravely wrong—on an issue that has little to do with contraception and a great deal to do with religious liberty. When a law demands that a person do something the person considers sinful, and the penalty for refusal is a large financial penalty, then the law imposes a substantial burden on that person’s free exercise of religion. All the plaintiffs in this case sincerely believe that they will be violating God’s law if they execute the documents required by the government. And the penalty for refusal to execute the documents may be in the millions of dollars. How can it be any clearer that the law substantially burdens the plaintiffs’ free exercise of religion?

This is a dangerous approach to religious liberty. Could we really tolerate letting courts examine the reasoning behind a religious practice or belief and decide what is core and what is derivative? A Christian could be required to work on December 25 because, according to a court, his core belief is that he should not work on the anniversary of the birth of Jesus but a history of the calendar and other sources show that Jesus was actually born in March; a December 25 work requirement therefore does not substantially burden his core belief. Or a Jewish prisoner could be provided only non-kosher food because the real purpose of biblical dietary laws is health, so as long as the pork is well-cooked, etc., the prisoner’s religious beliefs are not substantially burdened. The Supreme Court has refused to examine the reasonableness of a sincere religious belief—in particular, the reasonableness of where the believer draws the line between sinful and acceptable—at least since Thomas v. Review Board of Indiana Employment Security Division, 450 U.S. 707, 715 (1981), and it emphatically reaffirmed that position in Burwell v. Hobby Lobby Stores, Inc., 134 S. Ct. 2751, 2778 (2014).

Worker protections:While on the Tenth Circuit, Gorsuch heard the case, TransAm Trucking Inc. v. Administrative Review Board.The majority determineda trucker had been wrongfully fired after he unhitched his trailer and drove away when the truck’s brakes froze. In his dissent, Gorsuch said pany had given the driverthe legal option to stay with his trailer and wait for help, which he declined, instead operating the truck in a way not permitted by pany.

Administrative law:Gorsuch was one of the judges on the Tenth Circuitwho wrote ina 2016 opinionthat the Chevron doctrine allowed “executive bureaucracies to swallow huge amounts of core judicial and legislative power and concentrate federal power in a way that seems more than a little difficult to square with the Constitution of the framers’ design.” Gorsuch called Chevron a “Goliath of modern administrative law,” and argued it may be time to face “the behemoth.” He suggested the judiciary rather than the executive branch should have the last word on the meaning of the law. However, in his Senate confirmation hearing he responded to Sen. Klobuchar’s claim about overturning Chevron by saying, “I would try e at it with as open a mind as a man could muster.” (For more on the Chevron doctrine, see this explainer.)

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
How Property Rights Solve Policy Problems
Whether a problem is a matter of “public policy” or “private-policy” often depends on how we think about property rights, says economist David R. Henderson. Take, for example, the debate about whether evolution or Intelligent Design theory should be taught in schools: Should schools teach evolution or intelligent design or both? Many people might be tempted to say that the answer depends on which is true: evolution or intelligent design. But what if what one person thinks is true another...
Who Keeps the Keepers?
Sam Gregg’s response to President Obama’s latest invocation of the “my brother’s keeper” motif brings out one of the basic problems with applying this biblical question to public policy. As Gregg points out, the logic of the president’s usage points to the government as the institution of brotherly love: But who is the “I” that President Obama has in mind? Looking carefully at his speech, it’s most certainly not the free associations munities that Alexis de Tocqueville thought made 19th-century...
On Call Through Video
We are continuing to interview people in different areas of work to showcase what being On Call in Culture looks like on a daily basis. Today we introduce Rachel Bastarache Bogan, video editor for SIM. Learn more about Rachel at As a child, Rachel was surrounded by creativity including music and painting. Her favorite gift was a “box full of opportunity” that someone had filled with random knick knacks from a craft store. When she was five years old, she...
Rick Warren on Obama’s Economic Gospel
On Sunday Saddleback Church pastor Rick Warren appeared on ABC’s This Week and was asked if he agreed with President Obama’s economic gospel. As Kathryn Jean Lopez says, “I’m thinking the president probably wishes he picked a different pastor for the inaugural prayer.” Warren’s answered the question by saying: Well certainly the Bible says we are to care about the poor. There’s over 2,000 verses in the Bible about the poor. And God says that those who care about the...
Rev. Sirico Responds to NPR’s ‘Christian Is Not Synonymous With Conservative’
Jon Erwin, director of the pro-life October Baby movie, was recently interviewed by National Public Radio and, in the background article that panied the audio, the network reported his view that Christians didn’t feel very e in Hollywood’s munity. This provoked a lot ment by NPR listeners about what, really, a Christian is. The title of the NPR article, “‘October Baby’ Tells A Story Hollywood Wouldn’t” probably had something to do with that. Ombudsman Edward Schumacher-Matos followed up the interview...
The Global Assault on Religious Liberty
Despite the rise of globalization and democracy, violent persecution of Christians, Jews, and other religious minorities is still mon in many parts of the world. The U.S. Commission on International Religious Freedom has released its latest survey of religious freedom and as Doug Bandow reports, it makes for grim reading: Dictators have been falling in the Middle East, but that doesn’t mean freedom is inevitably expanding. Unfortunately, the Arab Spring has turned into something far different than hoped. Especially for...
The Wrong Kind of School Choice
Give a man a fish and you feed him for a day. Teach a man to fish and you feed him for a lifetime. Be incarnationally present with a man who can’t fish and you’ll teach him how to be “missional” while on an empty stomach. This update on the ancient Chinese proverb isn’t entirely fair to my fellow Christians (mainly my fellow evangelicals) who believe that one of the most important ways we can help those in need is...
Musings for Good Friday
A marvellous and mighty paradox has thus occurred, for the death which they thought to inflict on Him as dishonour and disgrace has e the glorious monument to death’s defeat. ~ Athanasius, On the Incarnation of the Word. Job in the Old Testament called out to God begging for a mediator or advocate, begging for somebody who could understand the depth of his affliction and agony (Job 9). Such is the beauty of Christ that he came not to teach...
‘The Transformative Power of Work’
Cardinal Peter K. Turkson, in a recent address to French businesspeople, spoke about integrating faith and work. In its exercise of business, therefore, humanity would e a ‘rock’ that sustains creation through the practice of love and justice. And this appears to be really the vocation of the Christian business leader: to practice love and justice and to teach the business household for which he or she is responsible to do likewise, for the sustenance of all creation, beginning with...
Market Economies with Churches and Market Economies without Churches
Zhao Xiao, a government economist in China, on the differences between market economies with Churches (like the U.S.) and market economies without churches (like China): Is it not integrity that you are pursuing? Then you ought to know: places with faith have more integrity. For China’s crawling economic reforms, this ought to be an important inspiration. Market economies with churches are different in another respect from those without: in the former, it is much easier to establish monly respected system....
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved