US President Donald Trump strolled down a White House corridor Tuesday evening to announce his pick for the Supreme Court. He called his decision-making process the single most transparent effort in US history, an effort that began with a list of potential nominees published last May, and culminating in a live-stream announcement.
To drum up suspense, it was revealed that the two leading candidates — Thomas Hardiman and Neil Gorsuch — arrived in Washington earlier in the day, setting the stage for a reality TV-like affair.
But during the livestream, Trump cut to the chase within minutes, announcing his selection of Neil Gorsuch, a 49-year old federal appeals court judge in Denver.
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“I am proud to announce the nomination of Judge Neil Gorsuch for justice of the Supreme Court,” President Trump said. “This has been the most transparent and most important Supreme Court selection process in the history of our country and I wanted the American people to have a voice in this nomination," he said, without expanding more on how it was more transparent than any other nomination of a Supreme Court judge.
"Judge Gorsuch has a superb intellect, an unparalleled legal education, and a commitment to interpreting the Constitution according to its text. He will make an incredible Justice as soon as the Senate confirms him," Trump said.
Trump said that his selection was primarily influenced by the memory of Supreme Court Judge Antonin Scalia, who died early in 2016. Scalia’s death upended the landscape of the presidential election, as both Democrats and Republicans vied to fill the newly vacated seat with a young judge who could defend party orthodoxy.
Gorsuch is seen as carrying on the Scalia tradition, a conservative with an originalist approach to the Constitution, meaning he attempts to understand the original intent of the founding fathers and views cases through that lens. However, Gorsuch is seen as more measured than Scalia, who was known for his corruscating attacks on opposing views.
He has a degree from the Harvard Law School, where he studied with former President Barack Obama, and a Ph.D. from Oxford University. He is perhaps best known for siding with Hobby Lobby in the lawsuit against the Affordable Care Act’s mandate for employers to provide contraceptives to employees.
One case which is expected for the court to revisit is Roe vs. Wade, the case which protected a woman's right to choose; Trump repeatedly said during the campaign that he'd put a pro-life nominee on the bench.
In an era of hyper-partisanship, Gorsuch — like Garland before him — has some bipartisan support, which may mean he will get confirmed relatively quickly.
But, more likely, Gorsuch will face a bruising hearing and nomination process. Democrats are still angered that Republican’s flat-out refused to give former president Barack Obama’s nomination, Judge Merrick Garland, even a hearing.
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The senate has 52 Republicans and 48 Democrats. Currently, Gorsuch will need to receive 60 votes to be confirmed as a Supreme Court judge.
Top Democrat Chuck Schumer has said he will vote against any Trump pick. So a filibuster will likely block the nomination, but Republicans may dissolve the filibuster entirely, which would mean that Gorsuch would only need a simple majority of votes, which the Republicans can easily secure.
Senator Sherrod Brown, who is up for reelection in 2018 in a state Trump won, is a quick, firm No on Gorsuch: pic.twitter.com/SqSVFPT2KG
— Greg Sargent (@ThePlumLineGS) February 1, 2017
If confirmed, Gorsuch could remain on the court for decades, preserving, at least for the time being, a judicial tilt to the right. In such a world, Anthony Kennedy will keep playing the wild card in big cases.