Neil Gorsuch

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Neil Gorsuch

Gorsuch on Cyber-Related Issues: Part One

Writing with a storyteller’s prose, Judge Neil Gorsuch’s knowledge about cyber issues leaps off the page. From explaining file or operating systems to evaluating the credibility of databases, he often deeply engages with the technology at issue—unless, that is, it was not plead, preserved, or supported with more than minimal proof. Reading his cyber-related cases as a whole, he seems to respond to detailed, creative, and thorough lawyering—opting to engage fully with cyber issues when they are teed up accordingly.

Appointments, Confirmations & Budgets

Judge Gorsuch on Empathy and Institutional Design

The reception to Judge Neal Gorsuch’s nomination to the Supreme Court has largely overlooked two attributes: 1) Judge Gorsuch’s compassion for the unpopular and vulnerable, and 2) his sense of connection between regard for disfavored groups and respect for the separation of powers. In the latter sense, Judge Gorsuch echoes his former boss, Justice Kennedy—a kinship obscured by the understandable tendency to compare Judge Gorsuch with the late Justice Scalia. However, senators should question Judge Gorsuch closely on a qualified immunity decision, Kerns v.

Supreme Court

A Precedent for Democrats on the Classy Way to Handle Neil Gorsuch

Neil Gorsuch is an eminent jurist who is undoubtedly qualified to be an Associate Justice on the Supreme Court. So too is Merrick Garland. In the law of the jungle that now governs the confirmation process, where principle is absent and power politics alone is what matters, Gorsuch will likely make it to the Supreme Court for the same reason that Garland did not: The Republicans controlled the Senate last year when Obama was President, and continue to control it now when Trump is President. Elections have consequences and the Democrats lost the key ones.

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