Neil Gorsuch and His Questionable Appointment
In order for the Judicial branch to operate successfully, a strict hierarchy among courts must be in place. The Supreme Court was established through the Judiciary Act of 1789 as the head of all the other courts. Having the ultimate jurisdiction over all state and federal courts, the Supreme Court is the final Court of appeals, and its decisions are rarely overturned. The impact of the Court’s rulings implies public debate, divisive opinions, and heated arguments over its decisions and appointments. In this essay, the appointment of the Associate Justice Neil Gorsuch and the Supreme Court’s ruling in Masterpiece Cakeshop v. Colorado Civil Rights Commission are going to be discussed in detail.
Associate Justice Neil Gorsuch proved to be an exceptionally controversial choice, as his candidacy and subsequent appointment illustrated the grand scale of political polarization in every governmental branch. The selection of the Supreme Court members does not involve public voting but rather a three-step appointment process. Firstly, the President of the United States nominates a candidate, and then the Senate must approve the nomination through hearings and a majority vote.
Finally, the President officially appoints a new Justice. The appointment of Neil Gorsuch is one of the latest controversies surrounding the Supreme Court and Trump administration in particular. After the death of Antonin Scalia, an Associate Justice of the Supreme Court of almost thirty years, Senate Republicans refused to hold a hearing for Barrack Obama’s nominee, waiting for the results of the 2016 election. Donald Trump won, and thus Gorsuch took a vacant seat in 2017 (Justices: Current Members). It might be seen as a direct reflection of escalating power battles between Democrats and Republicans.
While Gorsuch has proven himself as an assertive and active member of the Court, his outward support of the President’s administration may be considered problematic. At his inaugural oral argument, Gorsuch managed to break a record asking 22 questions, and he wrote 337 pages of opinions and justifications, as a result of his first term in office (Barnes and Kim). Despite the unusually enthusiastic and dynamic presence on the bench, his appearances outside the Court are subject to criticism. Justices on the Supreme Court are not supposed to demonstrate any affiliation with a political party.
Still, Gorsuch visited an event with Senate Majority Leader Mitch McConnell, a Republican, in Kentucky. In addition to this, he gave a speech at the Trump International Hotel, which cemented his public endorsement of the Trump administration and confirmed Gorsuch’s image as a partisan.
The problem With Masterpiece Cakeshop v. Colorado Civil Rights Commission
Masterpiece Cakeshop v. Colorado Civil Rights Commission is a case of the Supreme Court that was misrepresented in the news, its media coverage manipulated to fit one political party’s agenda. After the owner of Masterpiece Cakeshop, Jack C. Phillips, expressed his unwillingness to bake a wedding cake for a same-sex couple, young men filed discrimination charges. The Colorado Civil Rights Commission ruled in favor of the couple, while the Colorado Court of appeals upheld that decision based on the First Amendment. This case was “a major step toward resolving conflicts between religious freedom and anti-discrimination laws protecting LGBT people.” (Epps).
Major media outlets disregarded the religious aspect of the case and took an overly progressive stance focusing solely on the issue of discrimination. The mass media’s portrayal of the case did not change even after the Supreme Court 7-2 ruling that the Colorado Commission’s original decision disregarded “the state’s obligation of religious neutrality.” (Masterpiece Cakeshop v. Colorado Civil Rights Commission). Very few journalists mentioned the government forcing private businesses to act in contradiction to their religious beliefs. Lack of different perspectives and genuine, constructive arguments in the media made this case so troubling and disappointing.
Works Cited
Barnes, Robert, and Seung Min Kim. “Everything Conservatives Hoped for and Liberals Feared: Neil Gorsuch Makes His Mark at the Supreme Court.” The Washington Post. 2019. Web.
Epps, Garrett. “Justice Kennedy’s Masterpiece ruling.” The Atlantic. 2018. Web.
“Justices: Current Members.” Supreme Court of the United States. Web.
United States, Supreme Court. Masterpiece Bakery v. Colorado Civil Rights Commission. 2018. Legal Information Institute, Cornell U Law school. Web.