If there’s one thing that Trump is doing right, it’s nominating originalist judges

Trump picks a strict constructionist for Supreme Court vacancy

Well, so far Trump’s done many things right and many things wrong. Although I think more of the right things are actions (cleaning up regulations, energy development, etc. ) and the wrong things are just horribly damaging tweets. The best actions surely include his habit of nominating judges who will interpret the law as written, instead of pushing a political agenda.

Far-left ABC News reports on the most important judicial pick – Supreme Court Justice Neil Gorsuch.


More than 2,000 conservatives in tuxedos and gowns recently filled Union Station’s main hall for a steak dinner and the chance to cheer the man who saved the Supreme Court from liberal control.

Justice Neil Gorsuch didn’t disappoint them, just as he hasn’t in his first seven months on the Supreme Court.

“Tonight I can report that a person can be both a publicly committed originalist and textualist and be confirmed to the Supreme Court,” Gorsuch said to sustained applause from members of the Federalist Society…

[…]The 50-year-old justice has been almost exactly what conservatives hoped for and liberals dreaded when he joined the court in April. He has consistently, even aggressively, lined up with the court’s most conservative justices. He has even split with Chief Justice John Roberts, viewed by some as insufficiently conservative because of his two opinions upholding President Barack Obama’s health law.

The article notes that liberal legal groups are very unhappy with Gorsuch’s constant focus on what the Constitution says. They don’t like him asking lawyers questions about the Constitution.


Leonard Leo, the Federalist Society executive vice president who has advised Trump on judicial picks, also took issue with Gorsuch’s critics when he introduced the justice at the dinner. “They mischaracterize candor and a demand for rigorous analysis as polarizing,” Leo said.

Gorsuch and Leo embraced on the podium, in front of an adoring crowd of like-minded lawyers, judges and academics. The Federalist Society, which counted Scalia among its earliest backers, has helped Trump identify candidates for federal judgeships and has members in legal jobs across his administration.

Gorsuch made no apologies either for the substance of his questions and writing, or his style. He talked at length about the importance of seeking out the meaning of the Constitution and laws as they were understood when they written.

“Originalism has regained its place at the table of constitutional interpretation, and textualism in the reading of statutes has triumphed. And neither one is going anywhere on my watch,” Gorsuch said.

He went on to note that “some pundits have expressed bewilderment” about the questions he asks in court.

“But while I have you here tonight, I thought I might just settle the matter once and for all by taking a poll. … Should I just keep on asking about the text and original meaning of the Constitution?” he asked.

The response was predictably and overwhelmingly in favor.

Before Gorsuch was nominated and confirmed, I liked Justice Clarence Thomas best. He was the most faithful to the original meaning of the Constitution – better than Scalia.

Gorsuch and Thomas stick to the original meaning of the Constitution

Now that Gorsuch is on the bench, he’s been tracking with Thomas. According to this article from Law 360, he votes with Thomas 94% of the time. Much higher than any of the centrist and liberal judges. The liberal writer of the Law 360 article is predictably horrified that Gorsuch is so good on religious liberty in particular:

As the most controversial rulings came down near the end of the term, however, Justice Gorsuch splintered off from most of his conservative colleagues and exclusively joined Justice Thomas in five separate opinions.

On Monday, for instance, Justice Gorsuch and Justice Thomas supported each other’s concurrences in the major religious freedom case, Trinity Lutheran v. Comer. The pair joined Chief Justice Roberts’ majority opinion holding that a Missouri playground-funding program closed to religious groups was unconstitutional, but they criticized the court for limiting the scope of its ruling.

In Trinity Lutheran, the court found that a widely available public program that discriminates on the basis of religious status violates the free exercise clause of the First Amendment. The court refused to say, however, whether a program that withholds public funds from groups that would use that money for religious purposes similarly violates the free exercise clause.

In doing so, Justice Roberts made an unworkable distinction, Justice Gorsuch said. “I don’t see why it should matter whether we describe that benefit, say, as closed to Lutherans (status) or closed to people who do Lutheran things (use),” he said. “It is free exercise either way.”

Justice Gorsuch’s desire for an expanded free exercise clause would likely come as a crushing blow to liberal groups and other advocates of church-state separation.

That’s the most important issue to me – my religious liberty. My right to live an authentic Christian life without being bullied by secular leftists in the government. I want people on the Supreme Court to defend my right to behave like a Christian in public.

The conservative Daily Signal had an article up describing even more good news about new judicial nominations.


On Friday, President Donald Trump announced the addition of five individuals to his outstanding list of potential candidates for a future Supreme Court vacancy.

As was the case with the lists Trump put out during his presidential campaign, these new additions to the list are conservative men and women who are committed to interpreting the Constitution according to its original public meaning.

While there are currently no vacancies on the Supreme Court, rumors abound that Justice Anthony Kennedy may retire in the near future.

Whatever mess Trump makes with his Tweets, you have to love this judicial nominees. We would never have gotten nominees like this with Hillary Clinton. And what’s even better is that Trump will be making more judicial nominations in the next 12 months than Obama did in his entire 8 years in office, according to the radically leftist Washington Post. (H/T Curby)


 Conservatives have a new court-packing plan, and in the spirit of the holiday, it’s a turducken of a scheme: a regulatory rollback hidden inside a civil rights reversal stuffed into a Trumpification of the courts. If conservatives get their way, President Trump will add twice as many lifetime members to the federal judiciary in the next 12 months (650) as Barack Obama named in eight years (325). American law will never be the same. 

That’s good news for liberty, bad news for big government coercion.

2 thoughts on “If there’s one thing that Trump is doing right, it’s nominating originalist judges”

  1. What’s sad in all this is that we even need to be having this discussion. I’m grateful for Trump’s judicial nominations as well, but the Founding Fathers never intended for the judicial system to be a means by which the Constitution was circumvented and re-written. This should be a non-issue, and it should be commonly understood that the role of a judge is to interpret and apply the law as written, not to effect political changes.


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