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Neil Gorsuch, Supreme Court nominee, says at a Congressional confirmation hearing, that he is independent, has made no promises to anyone, and can vote against any party. On Roe vs. Wade Gorsuch made this comment- "I would tell you that Roe v. Wade, decided in 1973, is the precedent of the U.S. Supreme Court, and all of the other factors that go into analyzing precedent have to be considered." Earlier articles in NYT have said that Gorsuch appears to be independent. On precedent Gorsuch also said "its our shared family history as judges, as a good judge you don't approach that question anew as if it has never been decided."

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Corey Brettschneider of the NYT provides a detailed look at Supreme Court nominee Gorsuch's possible views on abortion and Roe v. Wade, though he has said little directly on the subject. It looks at the views of his mentor and dissertation advisor at Oxford, Prof. Finnis, and on whether abortion is a matter for states to decide.

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The Senate voted 54 to 45 in April 2017 to confirm Neil Gorsuch to the U.S. Supreme Court to fill the spot left vacant with the death of Justice Scalia. This the first time in the history of the Supreme Court that a justice, Justice Kennedy, will serve along with a former clerk who worked with him, the new Justice Gorsuch. Gorsuch is a conservative who served on the U.S. Court of Appeals 10th Circuit, in Denver. Gorsuch will have to vote on the Trump travel ban which now goes to the Supreme Court. Other case on separation of church and state and gun control are also likely to be heard by the court.

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Justices Gorsuch and Roberts on the "sweeping powers" issue behind the Executive Branch and Executive Orders on Tariffs by the US President DJT. Gorsuch put it this way about the creeping ceding away of powers by the US Congress to the US President DJT- 

Justice Gorsuch calls it- “one-way ratchet toward the gradual but continual accretion of power in the executive branch and away from the people’s elected representatives.”

The ball could be in the US Congress's court if the Supreme Court asks the US Congress to approve the tariffs passed by the president. 

 

 

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Kendall and Bravin of the WSJ give an insightful report about how  Neil Gorsuch, Trump's nominee for the seat vacated by Judge Scalia, could be different when he sits with the other members of the court. Personality, style and interactions could determine how Gorsuch acts, as much as his beliefs that resemble that of Judge Scalia. Anthony Kennedy is seen as someone who mentored Gorsuch in 1993-1994, when Gorsuch clerked for Judge Anthony. Their is mutual respect for a mentor even when opinions differ. Then there is the personality and style of Chief Justice Roberts who has stood for judicial restraint. If there is some excessive effort to turn the Court into a political body as opposed to being neutral, would Gorsuch prefer a level of judicial restraint as a preferred alternative, is a question posed in this report.

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The SCOTUS views in questioning on the Birthright Citizenship Case April 2026- Roberts, Gorsuch, Thomas and Alito. Roberts seemed to agree with the 1898 Wong decision by the Court that children of people not allowed to legally reside in the US are not citizens of the US when it was presented at the Court by Solicitor General Sauer.

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An emergency appeal to have the case on the travel ban to the Supreme Court has the disadvantage that of the 8 Justices on the court the ruling could end up at 4 against and 4 in favor. The 4 liberal Justices are unlikely to support it. Another more likely scenario is taking a conventional petition approach and this would mean a decision on whether the Supreme Court hears the case would come by April, and hearings starting in October. By that time Neil Gorsuch could be on the Supreme Court filling Judge Scalia's vacant position- leading to a decision, instead of a tie that leaves the appeals court decision to stop the travel ban in place.

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Textualism or strict interpretation of the Constitution word for word may be back but one can never be sure. No sooner is one decision made in a certain direction with a particular approach to the law whether it be textualism or something else it then comes up for rethinking a few years later, under a different approach to the law or from a new angle. This is the law practiced in most British style courts of law including the US.  Former Justice Breyer of the US Supreme Court replaced by his law clerk Ketanji Jackson, is interviewed by NYT's Adam Liptak. Today so much is written about Breyer as a non textualist, and Gorsuch, Kavanaugh recent additions to the Court as textualist or strict interpreters of the Constitution based on when it was written with what intent. Yet as thinking individuals who like the rest of the American people grow in their understanding all Justices cannot be categorized  in this way. Breyer says he worked with retired Justices Kennedy and Souter and found them to be willing and keen on hearing all angles. Then it has to be said that both Kavanaugh and Gorsuch were law clerks for Kennedy. Much of American law at the highest court actually is no better than any other human creation - it tries to approximate as best one can the people of the US. Sotomayor coming from Puerto Rican descent, Ketanji Jackson from minority black, Kavanaugh and Gorsuch from Georgetown preparatory schools where Kavanaugh's paternal grandfather attended Yale something even JFK could not claim, Chief Justice Roberts coming from a company professional type background, Barrett a professor at a Catholic university, Kagan with a Bostonian JFK style background, Alito old Italian and Clarence old minority black background. Breyer retired recently to make way for a younger judge, Judge Ketanji Jackson who was law clerk to Breyer. Breyer is writing a new book which he hopes the conservatives on the Supreme Court will read- Justices Kavanaugh, Barrett and Gorsuch. The book coming out March 26 has the title- Reading the Constitution- Why I Chose Pragmatism not Textualism. He hope these Justices will read the book and say their colleague was making sense, would say that it was not a bad point. ...

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The actual text of the Feb. 1, 2025 Executive Order  from the White House and president DJT says about the flow of fentanyl that has taken the lives of more of America's young people than the wars- the Korean War, Vietnam War and the First World War combined. That is the astonishing story of what has happened to American society over the last two decades. "The influx of these drugs to our Nation threatens the fabric of our society.  The PRC plays a central role in this challenge, not merely by failing to stem the ultimate source of many illicit drugs distributed in the United States, but by actively sustaining and expanding the business of poisoning our citizens." What the US Supreme Court and Justices Roberts, Thomas, Scalia, Barrett, Alito, Gorsuch, Kavanaugh, make of this one can only guess. One has only to walk from the US Supreme Court Building to the faces from the 1950's at the Korean War Memorial to get a sense of what the Justices have to be thinking.  ...

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Norfolk Southern fails to limit exposure of State courts. The Supreme Court in a 5-4 decision says states can require companies to submit to their jurisdiction as a condition of doing business within their borders. Justice Neil Gorsuch writing for the Court said that the Pennsylvania law does not violate the Constitution's Due Process Clause. The case comes from a retired worker at Norfolk Southern now living in Pennsylvania who said he developed cancer after exposure to carcinogens in Virginia and Ohio.

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In a blow to public employee unions the U.S. Supreme court rules that unions cannot collect dues from non members. Doing so would violate worker's free speech rights said the court in 5-4 decision. The addition of Justice Gorsuch has created a Supreme court voting 5-4 on party lines. Justices Alito, Roberts, Kennedy, Thomas, and Gorsuch give Republicans a five vote majority on many issues. 

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The U.S. Supreme Court  narrows the scope of the ban to people who have no bonafide relationship with a person or entity in the U.S., and allows partial implementation of the ban on 6 countries sought by the Trump administration. The court will hear the full case with oral arguments in October to decide. Earlier lower courts had reversed the travel ban, and president Trump filed an emergency appeal at the high court. The narrowing of the implementation is also applied to refugees. Chief Justice Roberts worked to negotiate a compromise on a middle approach, getting Justices Kennedy and the four liberal justices on board for the unsigned opinion. Conservative Justices Alito, Thomas and Gorsuch offered a partial dissent saying that the compromise was not workable in practice.

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US president's sweeping powers to use tariffs as a tool for policy when American people's jobs, communities, health, is threatened by fentanyl and concentration of manufacturing jobs in China, unfair trade by EU and Japan, is the issue presented to the US Supreme Court. The US president presented it in this way- tariffs as a foreign policy tool, not a way to impose economic policy in the form of a tax on American importers or buyers which is the power allocated to Congress by the US Constitution. Justices who mentioned these powers called them sweeping powers but would not say the word fentanyl or look back at the recalcitrant behaviour of Asian nations Japan and China when it comes to unfari trading practices, where the US could literally negotiate forever and get no result, or to the enormous concentration of manufacturing power and supply channels in China that not only ships out American jobs but leaves Americans at the mercy of foreign powers for cost of living. Nowhere was this more evident as during covid years and now in rare earths export restrictions from China. The Justices assumed it was just alright to ignore this or leave it unsaid.  The cost to American buyers is small because most of the tariffs are borne by foreign suppliers in China, Japan and Germany, who as in the case of automobiles unfairly benefitted for decades and are now bearing most of the cost of tariffs. The large business in the US have increased their margins so much in the 2020-2024 period that they are now bearing some of the cost of the tariffs, as reported in WSJ. So that inflation in the US is at 3.0 % in the US less than anticipated, when average tariffs are at about 10% overall, not what the headlines say of 15-20% because of the product exceptions made in the tariffs for each nation. Justice Roberts may be right when he says more care should be exercized in the placing of a tariff, but even Roberts and Justices Barrett, Gorsuch, Kavanaugh and others know that the US has used this as a last resort, as a policy tool to protect the American people. Sweeping powers need care and caution as Justice Roberts stated- “power to impose tariffs on any product from any country in any amount for any length of time. It does seem like that’s a major authority."   ...

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A US Supreme Court 6-3 ruling that president Biden calls one that "contradicts common sense and the Constitution, which should trouble us all." The 6 conservative Justices and 3 liberal Justices vote along party lines to strike down a century old New York law with restrictions on the use of concealed weapons or weapons carried openly. Appointments to the Supreme Court have only meant taking the party disagreements into the Court- Mr. Trump appointed 3 Justices Gorsuch, Kavanaugh and Brett who joined Thomas, Alito and Roberts, appointed by the 2 Bush presidents, for this decision. The three on the Democratic side Breyer appointed by Clinton, Sotomayor, Kagan appointed by Obama. Today the presidents who made these appointments Clinton, Obama, Bush and Trump are all seen in a different light with their thinking and ideas not drawing support from all corners of America for a common sense approach to the Constitution. Following the pandemic and the war in Europe there is a shift in thinking all over America and the world, and the old politics simply don't fit in with this. Biden calls this a decision that "contradicts both common sense and the Constitution."  A group of Senators from both major parties are coming up with a common sense approach in a gun control bill in the US Senate. ...

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Side work earns book royalties of $2 million for Barrett on "Listening to the Law" and Ketanji Jackson $3 million Sotomayor and Gorsuch also have books and royalty advances. This provides the public with a closer view of the Justices on the highest Court in the Nation. It also means Justices live a sheltered life away from the concerns of ordinary Americans about cost of living, cost of health care and pharmaceuticals, cost of childcare, cost of education, cost of fentanyl and other drug trafficking to American families and mothers. During the Depression only three Justices the most prominent of whom were Harlan Stone of New Hampshire and Wendell Holmes of Massachusetts supported New Deal legislation to provide government help with other Justices rejecting New Deal legislation right in the middle of the Great Depression when people were literally without food and shelter, without jobs and in despair. Today there is a permanent exhibition of Harlan Stone in the US Supreme Court for the longest service on the Court. It took till 1940 for FDR to appoint new Justices to get the Court to support the New Deal. Today Justice Barrett is a lone voice among Conservatives willing to listen to all opinions on both sides along with but more than Justice Roberts. This is heartening to both sides. Barrett like Justice Sandra O'Connor before her puts great importance on the Constitution's intent and wording, its pages are in her book. O'Connor from a rural ranch in Arizona carried the Constitution with her at all times and had her own books- the Lazy B about growing up on a ranch on the Arizona- New Mexico border in the middle of big country, big sky, so wide an expanse that she writes about it in her preface to her next book The Majesty of the Law citing Wallace Stegner. ...

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This Editorial by the Editorial Board of the WSJ says Obama, and Biden are covered by the same immunity that protects DJT under the Supreme COurt decision 6-3 that SC Justice Gorsuch called "a decision for the ages." It says DJT is understandably furious about the rabbit hole of the Steele dossier on collusion.  What started DJT comments on Obama was the publication by WSJ of a story on Mr. Epstein. All this plays into the partisan politics which is getting the nation nowhere when under Biden and now under DJT there is a singular focus in different ways and with different perceptions of need, to rebuild the Nation's industrial base and the living standards of the workers and people of America. Much of it frittered away under the negligent administrations of Republican and Democratic administrations of Obama and Bush with engagement in remote Afghanistan and Iraq foreign wars started under Reagan and the elder Bush during the Cold War, with its spinoff into migration issues that hurt social cohesion in the US and Europe. ...

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USC Justices Roberts, Gorsuch and Coney Barrett questioning Solicitor General Sauer, and lawyer for the small business Katyal, on Tariffs by the US president DJT in November 2025. Coney Barrett says the whole thing is a big mess. Treasury Secretary Bessent who watched the proceedings in the Court benches says the issue of fentanyl is one of the reasons for tariffs on China which has played a uncooperative role on this issue of fentanyl sourced by drug trafficking gangs on America's borders. Bessent saying that it is a policy tool when unfriendly powers seek to hurt America. DJT says a SCOTUS ruling against the Tariffs would reduce America to Third World status. Most American themselves are being told by the media interests that the issue of young Americans dying from fentanyl is an issue like many others not that it is the heart of the issue that more Americans have died from fentanyl than the youth of America who died in the Korean, Vietnam and First World Wars combined. The wine import company with 19 employees whose lawyer Katyal filed a petition to SCOTUS is a tiny part of the people harmed by tariffs. It could easily be compensated from the tariffs revenue of $500 billion in 2025-2026 as could other businesses. How does the SCOTUS decide what policy the US is to use. With recalcitrant Asian nations Japan and China the only way is years of negotiations that lead nowhere on world trade. Is SCOTUS responsible or Congress to the American people when the supply chain disruptions caused by concentration of the supply chain in China led to huge price increases making life unaffordable for the low income earners,  including cost of automobiles? Large companies acting on the DJT signals are reducing this concentration in China actively, the trade deficit is coming down, the tariffs revenue is a fund to offset the cost to Americans mostly smaller businesses as large businesses increased their margins in 2022-2024 pricing moves so that today only about 30% of the tariff cost is borne by the average Americans, the rest by large businesses and some of it by exporters in China and Japan. ...

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Justice Ruth Bader Ginsberg, the oldest person on the U.S. Supreme Court dies at 87. The U.S. Supreme Court is unique in that there is no retirement age as in India and other countries. She died of pancreatic cancer. She is one of the rare jurists in that she continued to work almost to the end. She was unique in other ways because she got along well with colleagues on the court of different persuasion. Justice Scalia who was the complete opposite in thinking and views than Ginsburg said that this did not matter much as Ginsburg was "fun to be with." Former president Clinton nominated Ginsburg in 1993. Recently Justices Gorsuch and Kavanaugh joined Roberts, Alito, and Thomas,  for a 5-4 majority on the court for conservatives. Ginsburg was a woman's rights advocate in the 1970's. She will be missed mostly for her vigorous personality and feisty attitude to life working and being active even with her health condition. The death of Ginsburg means that the court is now deadlocked with 4 to 4 and no majority for conservatives or liberals. The country has also changed. Both conservatives and liberals claim they uphold the constitution of the country. Ginsburg saw this as the inclusiveness the founders intended- for women, and minorities. The conservatives see this also from the vantage of inclusiveness as the country has splintered into those who are largely college educated and tech savy, and the high school educated and less tech savy more rural and in small town that lost jobs and social services from the shift of manufacturing to China. The conservatives  see the lack of inclusiveness for the rural communities and small towns left out in the tech booms of the last three decades and shift of manufacturing overseas. Cultural attitudes add another layer to basic economic issues and a sense of alienation on both sides. In this climate and with an approaching election in 41 days the Republicans want to nominate their conservative choice supported by their Senate majority, and the Democrats want to block this appointment till after the election.   ...

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This analysis in the New York Times shows Supreme Court nominee not as conservative as Neil Gorsuch, yet less likely to drift left because of his federal experience. Justice Kennedy who is retiring drifted left on social issues such as abortion and gay rights. A Kavanuagh appointment would bring the conservative majority to 6 - 4.

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Gerlad Seib points out that one should look less at what president Trump accomplished in the first 100 days and more at how he operated and learned during this initial period. This is certainly true because much of what happened in the first 100 days contradicts some of the tone that Trump setup during the campaign. When it comes to governing Trump has made an effort to learn and adapt and show resilience in the face of early setbacks on the travel ban and the health care bill, the Flynn episode. After this early period Trump took on a more disciplined approach, gave more room to and listened to more respected advisors- Tillerson on foreign affairs in shaping policy with Russia leading to Tillerson's presence at Lucca massacre memorial in Italy sending a clear signal about U.S. policies in line with its role in the past century in world affairs, Gary Cohn and Ross on economic policy and seeking Cohn's advice on tax plan, Ross's on NAFTA negotiations with Mexico. As a result the NAFTA fears were calmed down with statements by Wilbur Ross, the Commerce Secretary, that the goal was a win-win relationship with Mexico. Trump worked with his party in Congress to have the Supreme Court nomination of Gorsuch approved. Meetings with Merkel of Germany and Jinping of China were carefully planned and new relationships established as Seib points out, without ruffling trade relations. The appointment of Robert Lighthizer, as Trade Representative, also shows that efforts to give the U.S. a more level playing field in trade will be resolutely pursued in the win-win context. Lyrarc has profiled Lighthizer earlier in this decade after his op-eds in the media as he correctly anticipated the changing public mood on the need for fairness in trade relations. On relations with China and South Korea, Jim Mattis has taken the lead, and Pence's visit to South Korea also show deftness in handling what is one of the most difficult issues in foreign affairs. Mattis and Tillerson also have helped reinforce the Republican party policies on NATO and Europe, with the visit of NATO secretary general Stoltenberg to the White House. In the end it is how much you can learn in the first year, how much you listen, and the courage to act in difficult situations, the willingness to act contrary to one's instincts and self interest where necessary, that matters. This is especially true in an environment where as Seib points out the Democratic Party stands opposed to the Trump administration following a bitter election campaign.   ...

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Under the law overturned by the US Supreme Court it was illegal to carry a gun openly and a permit was needed in New York to carry it concealed. Three Supreme Court Justices appointed by president Trump were of a disposition that opposed gun control laws- Gorsuch, Kavanaugh, and Barrett. The requirement under the New York law was that you had to show "good moral character" and "cause" to carry a concealed weapon or carry a gun openly. Many other states have such laws in California, Hawaii and urban states in the north east. Republican states are loosening gun control laws. This comes as many random shooting incidents are taking place in the US some in schools and grocery stores, the most recent being a shooting in Buffalo, NY. The vote was 6-3 after the Supreme Court for years had avoided hearing such cases based on Second Amendment rights from the Constitution that some had interpreted to include freely carrying guns without any common sense restrictions. This issue is second only to abortion as a cultural issue in the US on which sides are taken by the public including the Supreme Court Justices selected by Mr. Trump. Though not directly apparent these and issues of immigration, other cultural issues surrounding gay rights are putting those who would normally come together on issues of national interest on opposite sides when it comes to common sense support for everyday issues of feeding families, keeping workers employed in good factories at home, child care, education, health care, fair wages, restoring America's manufacturing leadership and bringing back manufacturing to the US. The emergence of Tech and tech companies, Silicon Valley, the finance sector in New York, has reinforced the prejudice in these opposing sides as Tech and the finance sector have largely embedded themselves into the Democratic side. Tech and finance sector employees with higher incomes have largely insulated themselves from the interests of ordinary workers and families creating a split Democratic party when it comes to supporting workers and families who form the vast majority of the American people. In a sense today the national interest is separate from these cultural issues and supporters of national interests can be found in both parties who can look beyond and above these cultural issues. It is also where many of these cultural issues can be resolved to some degree using common sense on which most informed members of Congress can agree. This is true for gun control as a group of bipartisan Senators from both parties are preparing gun control around common sense principles that today are even beyond the capacity of the Supreme Court of the US that itself now reflects a raucous public sphere. ...