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Trump’s Supreme Court Choices Come Into Focus Trump’s Supreme Court Choices Come Into Focus
(35 minutes later)
WASHINGTON — President Trump said on Tuesday that he would name his Supreme Court pick next week, and he was set to meet with congressional leaders to discuss the nomination on Tuesday afternoon.WASHINGTON — President Trump said on Tuesday that he would name his Supreme Court pick next week, and he was set to meet with congressional leaders to discuss the nomination on Tuesday afternoon.
The leading contenders for the vacancy created by the death last February of Justice Antonin Scalia are a study in contrasts. The two leading contenders for the vacancy created by the death last February of Justice Antonin Scalia are a study in contrasts.
One, Judge William H. Pryor Jr. of the federal appeals court in Atlanta, is a former Alabama attorney general, a graduate of Tulane’s law school and an outspoken opponent of abortion and gay rights.One, Judge William H. Pryor Jr. of the federal appeals court in Atlanta, is a former Alabama attorney general, a graduate of Tulane’s law school and an outspoken opponent of abortion and gay rights.
The other, Judge Neil M. Gorsuch of the federal appeals court in Denver, is a graduate of Columbia, Harvard and Oxford University, a former clerk to two Supreme Court justices and a former Justice Department official.The other, Judge Neil M. Gorsuch of the federal appeals court in Denver, is a graduate of Columbia, Harvard and Oxford University, a former clerk to two Supreme Court justices and a former Justice Department official.
The two were described as among the leading contenders by an administration official who spoke on the condition of anonymity to discuss internal White House planning.
Both men are conservatives, but Judge Gorsuch’s credentials, erudition and more muted stances could smooth his confirmation chances.Both men are conservatives, but Judge Gorsuch’s credentials, erudition and more muted stances could smooth his confirmation chances.
Democrats remain bitter over the refusal of Republicans to consider President Barack Obama’s nomination of Judge Merrick B. Garland, and they say they will mount a furious opposition to any candidate out of the legal mainstream. Senator Chuck Schumer of New York, the minority leader, has said Democrats were prepared to try to keep Justice Scalia’s seat open indefinitely if Mr. Trump proposes such a nominee.Democrats remain bitter over the refusal of Republicans to consider President Barack Obama’s nomination of Judge Merrick B. Garland, and they say they will mount a furious opposition to any candidate out of the legal mainstream. Senator Chuck Schumer of New York, the minority leader, has said Democrats were prepared to try to keep Justice Scalia’s seat open indefinitely if Mr. Trump proposes such a nominee.
Judge Gorsuch, 49, appointed to the appeals court by President George W. Bush in 2006, was not initially thought to be a top contender. His name did not appear on the first list of 11 potential nominees circulated by the Trump campaign in May, though he did make a second list of an additional 10 names issued in September.Judge Gorsuch, 49, appointed to the appeals court by President George W. Bush in 2006, was not initially thought to be a top contender. His name did not appear on the first list of 11 potential nominees circulated by the Trump campaign in May, though he did make a second list of an additional 10 names issued in September.
Judge Gorsuch’s best-known votes came in decisions concerning regulations under the Affordable Care Act requiring employers to provide free contraception coverage. He voted to accommodate religious objections to the regulations, a position largely upheld by the Supreme Court.Judge Gorsuch’s best-known votes came in decisions concerning regulations under the Affordable Care Act requiring employers to provide free contraception coverage. He voted to accommodate religious objections to the regulations, a position largely upheld by the Supreme Court.
In general, Judge Gorsuch’s approach to the law mirrors that of Justice Scalia. He is an originalist, meaning he tries to interpret the Constitution consistently with the understanding of those who drafted and adopted it. And he is a textualist, focusing on the language of statutes rather than what lawmakers have had to say about them.In general, Judge Gorsuch’s approach to the law mirrors that of Justice Scalia. He is an originalist, meaning he tries to interpret the Constitution consistently with the understanding of those who drafted and adopted it. And he is a textualist, focusing on the language of statutes rather than what lawmakers have had to say about them.
Judge John L. Kane, who was appointed to the Federal District Court in Denver by President Jimmy Carter, said Judge Gorsuch was admired by his fellow judges. “He writes opinions in a unique style that has more verve and vitality than any other judges I study on a regular basis,” Judge Kane said.Judge John L. Kane, who was appointed to the Federal District Court in Denver by President Jimmy Carter, said Judge Gorsuch was admired by his fellow judges. “He writes opinions in a unique style that has more verve and vitality than any other judges I study on a regular basis,” Judge Kane said.
Judge Kane said Judge Gorsuch had voted both to affirm and to reverse his decisions. “In each instance, I have felt I was clearly understood and properly informed,” Judge Kane said. “I think Judge Gorsuch listens well and decides justly. His dissents are instructive rather than vitriolic. In sum, I think he is an excellent judicial craftsman.”Judge Kane said Judge Gorsuch had voted both to affirm and to reverse his decisions. “In each instance, I have felt I was clearly understood and properly informed,” Judge Kane said. “I think Judge Gorsuch listens well and decides justly. His dissents are instructive rather than vitriolic. In sum, I think he is an excellent judicial craftsman.”
Judge Pryor is a protégé of Senator Jeff Sessions, Mr. Trump’s nominee for attorney general. When Mr. Sessions was Alabama’s attorney general, Mr. Pryor served as his deputy, succeeding him when he joined the Senate.Judge Pryor is a protégé of Senator Jeff Sessions, Mr. Trump’s nominee for attorney general. When Mr. Sessions was Alabama’s attorney general, Mr. Pryor served as his deputy, succeeding him when he joined the Senate.
Representing Alabama, Mr. Pryor in 2003 filed a supporting brief urging the Supreme Court to uphold a Texas law that made gay sex a crime. The position of the gay men challenging the law, Mr. Pryor wrote, “must logically extend to activities like prostitution, adultery, necrophilia, bestiality, possession of child pornography, and even incest and pedophilia.”Representing Alabama, Mr. Pryor in 2003 filed a supporting brief urging the Supreme Court to uphold a Texas law that made gay sex a crime. The position of the gay men challenging the law, Mr. Pryor wrote, “must logically extend to activities like prostitution, adultery, necrophilia, bestiality, possession of child pornography, and even incest and pedophilia.”
“The states should not be required to accept, as a matter of constitutional doctrine, that homosexual activity is harmless and does not expose both the individual and the public to deleterious spiritual and physical consequences,” Mr. Pryor wrote in the brief.“The states should not be required to accept, as a matter of constitutional doctrine, that homosexual activity is harmless and does not expose both the individual and the public to deleterious spiritual and physical consequences,” Mr. Pryor wrote in the brief.
At his 2003 confirmation hearing, he stood by an earlier statement that Roe v. Wade, the 1973 Supreme Court decision that established a constitutional right to abortion, was “the worst abomination of constitutional law in our history.”At his 2003 confirmation hearing, he stood by an earlier statement that Roe v. Wade, the 1973 Supreme Court decision that established a constitutional right to abortion, was “the worst abomination of constitutional law in our history.”
“I believe that not only is the case unsupported by the text and structure of the Constitution, but it had led to a morally wrong result,” Mr. Pryor told the Senate Judiciary Committee. “It has led to the slaughter of millions of innocent unborn children.”“I believe that not only is the case unsupported by the text and structure of the Constitution, but it had led to a morally wrong result,” Mr. Pryor told the Senate Judiciary Committee. “It has led to the slaughter of millions of innocent unborn children.”
Mr. Pryor, 54, is no stranger to confirmation fights. He joined the appeals court in 2004, having been temporarily appointed by Mr. Bush while the Senate was in a brief recess. He was eventually confirmed as part of a bipartisan deal. He has mostly voted for conservative results, but some critics on the right have expressed unease with his vote in favor of a transgender woman in a 2011 decision.Mr. Pryor, 54, is no stranger to confirmation fights. He joined the appeals court in 2004, having been temporarily appointed by Mr. Bush while the Senate was in a brief recess. He was eventually confirmed as part of a bipartisan deal. He has mostly voted for conservative results, but some critics on the right have expressed unease with his vote in favor of a transgender woman in a 2011 decision.
Mr. Pryor has many supporters among conservatives, who say that he is a distinguished judge who applies the law impartially.Mr. Pryor has many supporters among conservatives, who say that he is a distinguished judge who applies the law impartially.
“His record clearly indicates that he applies the law in an evenhanded fashion, putting his personal beliefs aside,” John G. Malcolm of the Heritage Foundation said. “He is a man of great integrity committed to fidelity, to the Constitution and the rule of law.”“His record clearly indicates that he applies the law in an evenhanded fashion, putting his personal beliefs aside,” John G. Malcolm of the Heritage Foundation said. “He is a man of great integrity committed to fidelity, to the Constitution and the rule of law.”