OA40: Who is Neil Gorsuch, and How Scared Should You Be?
In today's episode, we take a look at President Trump's Supreme Court nominee, Neil Gorsuch. \xa0The main segment was recorded before the announcement and reflects our guess (correctly!) that he would be the nominee, so you'll hear some speculative language. We begin, however, with a question from\xa0David Durman who wants to know if a citizen can bring a private civil suit against President Trump while he's in office. \xa0The answer may surprise you! During our main segment, we also discuss Gorsuch's originalism and some of the opinions and dissents he issued while serving on the U.S. Court of Appeals for the 10th Circuit. \xa0Oh, and he also wrote a snottly little editorial for the right-wing mag\xa0National Review. After our main segment, "Closed Arguments" returns with a question about Jared Kushner and the anti-nepotism law. \xa0Is Trump violating the law? \xa0The answer will probably\xa0not surprise you. Finally, we end with a brand new Thomas Takes the Bar Exam question #9 which is the single hardest question so far, in that it involves real property. \xa0Remember that TTTBE issues\xa0a new question every\xa0Friday, followed by the answer on next Tuesday's show. \xa0Don't forget to play along by following\xa0our Twitter feed (@Openargs) and/or our Facebook Page and quoting the Tweet or Facebook Post that announces this episode along with your guess and reason(s)! Show Notes & Links
- This is a link to the\xa0Washington Post\xa0article referenced by David.
- \xa0If you read only one thing from the show notes, it should be this sarcastic, nasty little article Gorsuch wrote for the\xa0National Review before he joined the bench.
- Then, if you have the stomach for it, check out Gorsuch's opinion in\xa0Gutierrez-Brizuela v. Lynch, 834 F.3d 1142 (10th Cir. 2016), in which he openly muses in the text of the opinion about repealing Chevron deference. \xa0Still think he's not an activist judge?
- This is the anti-nepotism law, 5 U.S.C. \xa73110.