Neil Gorsuch — Judging Like It's 1868

Law360, New York (March 20, 2017, 6:31 PM EDT) -- In a city dominated by "alternative facts," there is a fiction emerging that "nice guy" Neil Gorsuch, President Trump’s nominee to the U.S. Supreme Court, is a moderate. Let’s be real: he’s no moderate.

Judge Gorsuch is a textualist in the vein of the late Justice Antonin Scalia and an original-application originalist. That means he applies the text of the 14th Amendment to the Constitution the way it would have been applied when adopted almost 150 years ago. In his words, he "focus[es] backward, not forward ... to decide what a reasonable reader at the time of the events in question...

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