• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

As Big Tech showers employees with perks to win the talent war, Nvidia built a nearly $5 trillion company by making people pay for their own lunch

2

Mark Zuckerberg feeds his cows macadamia nuts and beer to create the 'highest-quality beef in the world' on his $300 million estate in Hawaii

3

Current price of oil as of July 2, 2026

1

As Big Tech showers employees with perks to win the talent war, Nvidia built a nearly $5 trillion company by making people pay for their own lunch

2

Mark Zuckerberg feeds his cows macadamia nuts and beer to create the 'highest-quality beef in the world' on his $300 million estate in Hawaii

3

Current price of oil as of July 2, 2026
CommentaryDonald Trump

Trump’s Supreme Court Pick Is Antonin Scalia’s Mirror Image

By
Hans von Spakovsky
Hans von Spakovsky
and
Elizabeth Slattery
Elizabeth Slattery
Down Arrow Button Icon
By
Hans von Spakovsky
Hans von Spakovsky
and
Elizabeth Slattery
Elizabeth Slattery
Down Arrow Button Icon
February 1, 2017, 1:49 PM ET
Add Fortune on Google for similar content.

With the nomination of Neil Gorsuch to serve on the U.S. Supreme Court, President Donald Trump has kept a key campaign promise: to nominate a worthy successor to late Justice Antonin Scalia who will enforce the rule of law and apply the Constitution as written. Given Gorsuch’s background, education, judicial decisions, and writings, there is little doubt that Scalia would approve.

This choice is crucial to protecting our liberties and our rights as citizens. In numerous decisions over the last few years, Scalia cast the crucial fifth vote. These include two Second Amendment cases, in which the majority threw out the virtual ban on guns imposed by the cities of Washington DC and Chicago. They also included the Citizens United decision that restored our First Amendment rights to engage in political speech and the Hobby Lobby challenge to Obamacare that defended our right to practice our religious beliefs without undue interference from the government.

Without a replacement that lives up to Scalia’s sterling record, there is no question that these holdings were in jeopardy and that the liberal justices on the court who believe in a “living” Constitution would write parts of the Bill of Rights out of the Constitution.

Gorsuch comes from a family with a proven conservative pedigree. His mother, Anne Gorsuch Burford, headed the Environmental Protection Agency for Ronald Reagan. He has exceptional academic credentials from Columbia, Harvard, and Oxford universities, and clerked for three federal judges, including Supreme Court Justices Byron White and Anthony Kennedy. If confirmed, Gorsuch will be the first justice to sit alongside his former boss.

He has been a partner in a major law firm, a principal deputy inside the U.S. Justice Department, a law school professor, and the author of various legal texts. He has served on the 10th Circuit Court of Appeals since 2006 and was confirmed by voice vote only two months after President George W. Bush nominated him.

Most importantly, Gorsuch has demonstrated that, like Scalia, he is a devoted textualist—meaning he interprets the law as it was actually written, rather than how he wishes it was written. He has criticized those who would circumvent the democratic political process by trying to use the courts to impose their social agenda on the American people. In a 2005 article in the National Review, Gorsuch warned that “as a society, we lose the benefit of the give-and-take of the political process and the flexibility of social experimentation that only the elected branches can provide.”

Clearly he does not believe in legislating from the bench, a big problem with too many federal judges today, including several Supreme Court justices. In a recent speech at Case Western Reserve University School of Law, Gorsuch said that while legislators can “appeal to their own moral convictions and to claims about social utility to reshape the law as they think it should be,” judges should do neither. Instead, he asserted, judges should strive “to apply the law as it is, 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 would have understood the law to be.”

Echoing Scalia, Gorsuch has pointed out that if judges always like the conclusions they reach, they are “probably doing something wrong.”

In case after case, Gorsuch has applied these principles. In Hobby Lobby v. Burwell, a case that eventually made it to the Supreme Court, he joined an opinion against the Obama administration’s contraceptive and abortifacient mandate. Hobby Lobby argued that federal law protected it from a burden imposed by the government that violated its religious beliefs, and the court agreed.

In 2007, he joined a dissent in Summum v. Pleasant Grove City, a case involving the placement of a Ten Commandments monument in a city park. The Supreme Court ultimately ruled in favor of the monument, overturning the 10th Circuit’s decision and agreeing with the dissent’s point that the First Amendment allows the government to select the views it wants to express.

Gorsuch has questioned the validity of the Supreme Court’s holding in Chevron v. NRDC, which established a rule giving deference to decisions made by federal agencies. Many conservatives have criticized this rule because it gives too much power to bureaucrats in Washington, allowing them to effectively make, enforce, and interpret the law. Last year, in Gutierrez-Brizuela v. Lynch, he wrote an opinion declaring that this rule allows “executive bureaucracies to swallow huge amounts of core judicial and legislative power and concentrate federal power in a way that seems more than a little difficult to square with the Constitution of the framers’ design.”

That is exactly the kind of skepticism that President Trump needs from a justice to achieve Trump’s objective of reducing the power, reach, and size of the federal government and the administrative state. If we judge Neil Gorsuch by his record, he will be a worthy successor to Justice Scalia and faithful to the Constitution.

Hans von Spakovsky is a senior legal fellow and Elizabeth Slattery is a legal fellow at the Heritage Foundation.

About the Authors
By Hans von Spakovsky
See full bioRight Arrow Button Icon
By Elizabeth Slattery
See full bioRight Arrow Button Icon
Add Fortune on Google for similar content.

Latest in Commentary

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in Commentary

rn
CommentaryCryptocurrency
Former Iran director at NSC: Crypto legislation is a ticket to sanctions evasion
By Richard NephewJuly 2, 2026
20 hours ago
m
Commentary250 Years of Innovation
McKinsey chairs: Building a more resilient industrial base may require $2 trillion in investment
By Eric Kutcher and Shubham SinghalJuly 2, 2026
20 hours ago
em
Commentary250 Years of Innovation
America’s 250th birthday has Elon Musk and a record IPO. Its 15th had Alexander Hamilton — and a stock market bubble
By Owen LamontJuly 2, 2026
24 hours ago
paramount
CommentaryAntitrust
How Paramount’s theater commitments could boost local economies across the nation
By Ike BrannonJuly 2, 2026
24 hours ago
elon
CommentaryChina
China has 400 private space companies. The West is barely paying attention
By Rainer ZitelmannJuly 2, 2026
1 day ago
senate
CommentaryCongress
One rare bipartisan AI bill is moving through Congress. Here’s why it deserves to pass
By Neil Björkman and Betsy BrewerJuly 1, 2026
2 days ago

Most Popular

As Big Tech showers employees with perks to win the talent war, Nvidia built a nearly $5 trillion company by making people pay for their own lunch
Big Tech
As Big Tech showers employees with perks to win the talent war, Nvidia built a nearly $5 trillion company by making people pay for their own lunch
By Marco Quiroz-GutierrezJuly 1, 2026
2 days ago
Mark Zuckerberg feeds his cows macadamia nuts and beer to create the 'highest-quality beef in the world' on his $300 million estate in Hawaii
Success
Mark Zuckerberg feeds his cows macadamia nuts and beer to create the 'highest-quality beef in the world' on his $300 million estate in Hawaii
By Sasha RogelbergJuly 2, 2026
17 hours ago
Current price of oil as of July 2, 2026
Personal Finance
Current price of oil as of July 2, 2026
By Joseph HostetlerJuly 2, 2026
21 hours ago
Americans are escaping the U.S. for New Zealand where house prices have hit a new low—but only wealthy Americans with $3 million spare can invest
Success
Americans are escaping the U.S. for New Zealand where house prices have hit a new low—but only wealthy Americans with $3 million spare can invest
By Emma BurleighJuly 2, 2026
19 hours ago
Today, Emily Blunt is worth $80 million thanks to her Hollywood career—but she actually wanted to be a UN Spanish translator on $80K
Success
Today, Emily Blunt is worth $80 million thanks to her Hollywood career—but she actually wanted to be a UN Spanish translator on $80K
By Orianna Rosa RoyleJuly 2, 2026
1 day ago
Egg companies made $1.22 billion in profit off a $6 carton — now they’re buying their way out of a price-fixing case with 53 million donated eggs
Law
Egg companies made $1.22 billion in profit off a $6 carton — now they’re buying their way out of a price-fixing case with 53 million donated eggs
By Wyatte Grantham-Philips and The Associated PressJuly 2, 2026
16 hours ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.