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- In “Neil Gorsuch’s ‘natural law’ philosophy is a long way from Justice Scalia’s originalism,” Professor Kelleher distinguishes between varieties of natural law theory, explains which Gorsuch endorses, and its implications for his judging.
dailynous.com › 2017/03/21 › philosophers-explain-gorsuchs-philosophy
Mar 20, 2017 · Because he has downplayed his interest in natural law in his more public remarks, it is crucial for senators who’ll question Gorsuch to understand his judicial philosophy and the connection...
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Mar 21, 2017 · In “Neil Gorsuch’s ‘natural law’ philosophy is a long way from Justice Scalia’s originalism,” Professor Kelleher distinguishes between varieties of natural law theory, explains which Gorsuch endorses, and its implications for his judging.
He also subscribes to the legal philosophy of “originalism,” popularized by late Justice Antonin Scalia (whom Gorsuch would replace on the court), which holds that the constitution should be...
Mar 15, 2017 · Some immediately asked whether Gorsuch’s approach to constitutional interpretation might be shaped by the “New Natural Law Theory” (NNLT) pioneered by Finnis and others. The columnist George Will, for instance, expressed the hope that Gorsuch might “effect a philosophic correction” to what Will regards as a lacuna in Justice Antonin ...
Justice Neil Gorsuch explains why originalism is the best approach to understanding the U.S. Constitution.
Mar 3, 2017 · Like Scalia, Gorsuch describes himself as an originalist: In a 2016 speech at Case Western Reserve University, he told his audience that judges should interpret the Constitution and the law “by focusing backward, not forward, and looking to text, structure, and history to decide what a reasonable reader at the time of the events in question ...
Part II, “Gorsuch’s Philosophies Applied to Energy and Environmental Law Cases,” overviews Gorsuch’s prominent judicial philosophies followed by a series of Gorsuch-authored, case analyses. Every analysis identifies the judicial philosophy Gorsuch uses and how that philosophy affects the outcome.
