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Expert Analysis

Gorsuch And The Coexistence Of Natural Law And Originalism

By Randy Gordon and Stephanie Assi (April 26, 2018, 11:29 AM EDT) -- An initial (and still lingering) question regarding Justice Neil Gorsuch's appointment to the U.S. Supreme Court was whether he would hew to the originalist jurisprudence of the late Justice Antonin Scalia or whether he would strike out in some new direction, perhaps one suggested by his academic work in natural law theory. The jury is still out, but there are good reasons to think that the answer is "both" — that is, Justice Gorsuch is a committed originalist who draws on natural law principles when texts do not easily yield determinate answers....

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