NBA Statement on Nomination of Judge Neil Gorsuch to the
U.S. Supreme Court February 3, 2017
February 3, 2017
NBA Statement on Nomination of Judge Neil Gorsuch to the
U.S. Supreme Court
WASHINGTON (February 3, 2017) – As the nation’s oldest and largest network of 60,000 predominately African American lawyers, judges, law professors and law students, the National Bar Association (NBA) is deeply disturbed with President Donald Trump’s selection of Judge Neil Gorsuch as a nominee for the U.S. Supreme Court. Judge Gorsuch has minimized the critical role courts have played in ensuring equality and the enforcement of constitutional values. Judge Gorsuch has criticized those who have brought constitutional challenges in the courts and holds a restrictive view on the issuance of rules and regulation to promote government policies on behalf of people of color, women, consumers and workers. Furthermore, Judge Gorsuch’s opposition to class action lawsuits, a mainstay particularly for employment discrimination suits, is equally troubling especially for attorneys of color seeking to eliminate broad policies of discrimination.
“Our judicial system should represent our democracy, not impede it,” said NBA President Kevin Judd. “Our nation’s laws clearly state that impartiality should remain the anchor of our judicial system.”
In prior cases, Judge Gorsuch has shown that his rulings do not align with core values of the Association:
In Wilson v. City of Lafayette, 510 F. App'x 775 (10th Cir. 2013), Judge Gorsuch held that a police officer was entitled to qualified immunity from a 1983 excessive force claim arising from his use of stun gun that killed a young man. The officers had approached the man ―near an area known to be used‖ to grow marijuana. After the man admitted the plants were his, he fled, and the officer deployed his taser. Judge Gorsuch reasoned that the use of force was reasonable because ―[defendant] was resisting arrest by fleeing from officers after they identified themselves—even if the crime of which he was suspected was not itself a violent one, he was likely to be apprehended eventually, and he hadn't harmed anyone yet.
In Gutierrez-Brizuela v. Lynch, 834 F.3d 1142, 1143 (10th Cir. 2016) and Caring Hearts Personal Home Services., Inc. v. Burwell, 824 F.3d 968 (10th Cir. 2016), Judge Gorsuch called for the abolition of Chevron deference to administrative agencies.
In United States v. Nichols, 784 F.3d 666 (10th Cir. 2015), Judge Gorsuch argued that the Court should reinvigorate the nondelegation doctrine, a doctrine used by the reactionary court in the 1930s to initially invalidate the New Deal. Judge Gorsuch would make it extremely difficult for Congress to delegate essential functions to administrative agencies.
In Hobby Lobby Stores, Inc v. Sebelius, 723 F.3d 1114 (10th Cir. 2013) case, Judge Gorsuch joined a troubling extension of the Supreme Court’s holding in Citizens United in favor of corporate personhood. Specifically, the Tenth Circuit ruled that privately held, for-profit secular corporations are “persons” under the meaning of the Religious Freedom Restoration Act (RFRA), and could qualify for religious exemptions from the Affordable Care Act’s mandate to provide reproductive health services.
In consideration of these prior judicial practices, the National Bar Association urges a thorough and independent review by all U.S Senators, unlike the dereliction of responsibility by Republican Senators when President Obama nominated Judge Merrick Garland. Judge Gorsuch is a conservative extremist who has repeatedly sided with corporations and instead of protecting consumers, has advocated for less federal regulations for the protection of workers. Judge Gorsuch’s record is fundamentally at odds with the core values and principles of the National Bar Association.
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ABOUT THE NATIONAL BAR ASSOCIATION
The National Bar Association was founded in 1925 and is the nation’s oldest and largest national network of predominantly African-American attorneys and judges. It represents the interests of approximately 60,000 lawyers, judges, law professors and law students. The NBA is organized around 23 substantive law sections, nine divisions, 12 regions and 80 affiliate chapters throughout the United States and around the world. For more information, visit: www.nationalbar.org.
