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U.S. Supreme Court,
Constitutional Law

Feb. 15, 2017

The judicial qualities of Neil Gorsuch

Given the odds that he will be confirmed, it is reassuring that Judge Neil Gorsuch occasionally deviates from stereotypical conservative positions, and often takes a distinctively fresh approach to cases.

Daniel A. Farber

Professor
UC Berkeley School of Law

Daniel is the Sho Sato professor of law and co-director of the Center on Law, Energy, and the Environment at UC Berkeley

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Just to be clear at the outset: Neil Gorsuch is not my first choice as a nominee. I would have much preferred Merrick Garland, President Barack Obama's nominee. That being said, Gorsuch does have some strengths as a judge.

To begin with something seemingly minor, there is the tone of his opinions. Justice Antonin Scalia's opinions frequently mocked and belittled opposing views. Gorsuch's opinions reflect an utterly different persona: polite, unassuming, open to opposing arguments. G...

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