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Justice Neil Gorsuch and the Constitution - A Book Review and Analysis

Authors :
Murphey, Dwight D.
Source :
The Journal of Social, Political and Economic Studies. Fall-Winter, 2020, Vol. 45 Issue 3-4, p333, 13 p.
Publication Year :
2020

Abstract

Justice Neil Gorsuch was appointed to the U. S. Supreme Court by President Donald Trump in 2017. This article goes beyond a review of his recent book and an examination of his qualities as a person and a judge, becoming an extended essay on American Constitutional law, with emphasis on the many issues brought to mind by Gorsuch's discussion. The notes that are added bring attention to his departure from his originalist judicial philosophy (so emphatically argued for in the book under review) in the majority decision he wrote in June 2020 in Bostock v. Clayton County. Keywords: Justice Neil Gorsuch, U.S. Supreme Court, American Constitutional Law, original intent, textualism, substantive due process, Dred Scott, Korematsu, Plessy v. Ferguson, American racial history, freedom of association, Interstate Commerce clause, Wickard v. Filburn, concurrent powers doctrine; Bostock v. Clayton County; Civil Rights Act of 1964; departure from 'original intent.'<br />Neil Gorsuch A Republic, If You Can Keep It Crown Forum, 2019 [Note to reader: This review was written before Justice Gorsuch wrote the majority decision in Bostock v. Clayton [...]

Details

Language :
English
ISSN :
0278839X
Volume :
45
Issue :
3-4
Database :
Gale General OneFile
Journal :
The Journal of Social, Political and Economic Studies
Publication Type :
Academic Journal
Accession number :
edsgcl.658340568