Recent U. S. Supreme Court decisions show the full effect of Justice Neil Gorsuch on the bench may not be immediately noticeable because of his philosophical alignment with his predecessor, Antonin Scalia. But history may look on his tenure as a sign of the Republican party’s tour de force at a pivotal time, according to a West Virginia University legal expert.
“Philosophically, Justice Neil Gorsuch’s appointment to the U.S. Supreme Court has made little difference on the overall composition of the bench as he has shown that he is a strong textualist, much like his predecessor, Justice Antonin Scalia. Legal historians, however, may take a different view of his appointment. When considered in historical context, some may see Gorsuch’s appointment as a missed or perhaps stolen opportunity for progressives, a pivotal point when Republicans used their political clout to alter the course of history in much the same way that FDR used his clout to force a showdown over the New Deal. Viewed in this light, Gorsuch’s greatest legacy might end up being how he secured the conservative majority for another generation.”
Anne Lofaso WVU College of Law Faculty Page
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