Jan. 31 (UPI) — Almost exactly one year after the death of Justice Antonin Scalia created an opening on the highest court in the United States, President Donald Trump on Tuesday night officially nominated federal appellate judge Neil McGill Gorsuch to fill that yearlong empty post.
Trump announced his pick Tuesday evening — a disclosure that was greatly anticipated all day.
“Today, I am keeping another promise to the American people by nominating judge Neil Gorsuch,” Trump said.
Gorsuch, 49, is a judge of the U.S. Court of Appeals for the Tenth Circuit — appointed to the federal post by former President George W. Bush in 2006.
The appellate judge, a graduate of Columbia and Harvard, began his law career as a clerk for the U.S. Court of Appeals in Washington, D.C., and then for Supreme Court Justices Byron White and Anthony Kennedy. He later worked in private practice for a decade.
One key issue Gorsuch has weighed heavily on is freedom of religion — having sided with Christian employers and religious organizations in past litigation, including a landmark federal appeals case involving craft store Hobby Lobby three years ago. The store refused to comply with federal health law in covering emergency contraception.
Gorsuch is also said to be an advocate of capital punishment and opposes abortion.
Trump said last week that he planned to announce the pick Thursday, but moved the event up by two days. The president summoned both Gorsuch and Thomas Hardiman, the other finalist for the job, to Washington on Tuesday, which built up a bit of drama surrounding the appointment.
Gorsuch is the first nominee to the high court since former President Barack Obama appointed Merrick Garland last year — a nomination that was never considered by the Republican-controlled Senate.
Some Democrats have pledged to filibuster whoever Trump nominated to replace Scalia, unless is was Garland, as effective payback for the GOP’s stalling Obama’s pick.
“This is a stolen seat,” Sen. Jeff Merkley, D-Ore., said. “We will use every lever in our power to stop this.”
Senate Minority Leader Charles Schumer, D-N.Y., has also pledged to fight any nominee who isn’t “mainstream.”
With enough Democratic support for a filibuster, Gorsuch would need 60 votes in the Senate to gain confirmation.
Senate rules allow any senator to object to a swift confirmation requiring only a simple majority. Merkley has already said he will oppose that path and require a supermajority.
White House spokesman Sean Spicer on Tuesday slammed Democrats for their stated opposition plans — accusing them of playing games for political purposes and sending a “sad message” about how they will treat Trump’s nominees.
“Before they have even heard who this individual is, you’ve got some of them saying, absolutely no,” Spicer said. “The default used to be, unless qualified, confirmed. And it is now going to, always no. And I think that’s a pretty sad message.”
