Donald Trump Makes SCOTUS Selection
President Trump recently selected Judge Neil Gorsuch of the 10th U.S. Circuit Court of Appeals to take the former position held by the late Antonin Scalia of the Supreme Court. What many do not know is that Gorsuch is quite similar to Scalia.
In order to make sure Trump’s pick would please the majority of Republicans while also filling Scalia’s spot to the tee, a panel of scholars were gathered to examine the potential nominees in terms of Scalia scholastics and Scalia stylistics.
How did Gorsuch perform, given these strict parameters?
Searching For Scalia-Ness
The group consisted of four members. Together, they created the document, “Searching for Justice Scalia: Measuring The Scalia-Ness of the Next Potential Member of the U.S. Supreme Court.”
In what sounds like a basketball team looking to replace an ex-center, the paper would identify key characteristics to make sure the chosen candidate would best emulate Scalia’s jurisprudence as well as style.
What does “Scalia-ness” mean?
Three Aspects For Next Leader
According to the Daily Caller, there are three ways to measure Scalia-ness: “How much the candidate engages with or promotes originalism, Scalia’s preferred interpretive theory, in their opinions; how often they cite Scalia’s non-judicial writings; and how often they write separate opinions.”
Gorsuch came in second among the 21 candidates suggested by Donald Trump. Utah Supreme Court Justice Thomas Lee came in first, but Gorsuch performed better in terms of being the most well-rounded in each category.
Particularly, Gorsuch’s examination of U.S. v. Games-Perez seemed the most similar to Scalia and perhaps helped him win the nomination. Unfortunately, despite these characteristics, the Democrats will likely filibuster the nomination.
What do you think of Trump’s thorough investigation of Judge Neil Gorsuch?