Justice Neil Gorsuch was President Trump’s first choice for the Supreme Court and a conservative’s dream — until he wrote this week’s landmark opinion extending civil rights protections to LGBTQ employees nationwide.
Justice Neil M. Gorsuch was President Trump’s first choice for the Supreme Court and a conservative’s dream — until he wrote this week’s landmark opinion extendingThe ruling sent a shudder through the ranks of conservative activists and columnists, some of whom saw signs of another betrayal by a Republican-appointed justice who ended up siding at times with liberals on key issues.
Tom Fitton, president of Judicial Watch, called it a “radical Supreme Court decision [which] shows that the threat to the rule of law doesn’t only come from leftist rioters in the streets.” This theme of conservatives’ hopes being betrayed at the Supreme Court has a long history on the right. President Nixon appointed four new justices to the high court under a banner of law and order and strict construction, but one of them was Justice Harry Blackmun, the author of the Roe vs. Wade opinion and, in his later years, a steady liberal vote.
But in 2012, with the court’s conservatives poised and ready to overturn the Affordable Care Act sponsored by President Obama and approved by a Democratic Congress, Roberts switched sides and voted with four liberals to uphold the law. He said the law did nothing more than impose a small tax on those who refused to buy insurance even though they could afford it. And Congress had broad power to impose taxes, he said.
But despite the hand-wringing over this week’s ruling, there is little evidence that Gorsuch will become a moderate or a swing vote like Kennedy. He is a skeptic of abortion rights and voted last year to allow a strict Louisiana abortion law to take effect, even though it may have shut down all but one of the state’s providers of abortion. That case is now awaiting a final decision from the high court.
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