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Gorsuch is a proponent of textualism in statutory interpretation and originalism in interpreting the united states constitution In a tribute to the late justice, he responded to justice scalia’s critics by arguing that “an assiduous focus on. 234 along with justice clarence thomas, he is an advocate of natural law jurisprudence
5 he is the first supreme court justice to serve alongside a justice for whom he once clerked (kennedy) Originalism and textualism.1 indeed, judge gorsuch styles himself as a judge in justice scalia’s vein 6 during his tenure on the supreme court he has written the majority.
Justice neil gorsuch is a proud textualist
According to this approach, what congress intended, or expected, when it passed a law doesn’t matter What matters are the words printed on paper The evolution from justice scalia’s structuralist embrace of chevron deference to justice gorsuch’s originalist rejection of it marks a significant shift in the supreme court’s approach to administrative law and the separation of powers. Originalism is just one of the theories that judge gorsuch shares with the late justice antonin scalia
Another is its closely related cousin, textualism. Npr's nina totenberg explains how the idea that the constitution is not living but dead transformed the supreme court during antonin scalia's tenure as a justice. Despite such criticism, originalism has grown in prominence since scalia’s tenure, especially with the appointments of justices neil gorsuch, brett kavanaugh, and amy coney barrett during the trump administration The philosophy played a central role in major rulings such as dobbs v.
Introduction numerous commentators argue that, if confirmed, justice neil gorsuch would follow the late justice antonin scalia’s signature methodological contributions
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