February 6, 2017
THE TONY WHISPERER:
Neil Gorsuch's Personality Could Shift Supreme Court's Dynamic (Brent Kendall, 2/06/17, The Wall Street Journal)
Justice Kennedy, by contrast, has been a mentor to Judge Gorsuch, who clerked for him during the Supreme Court's 1993-94 term. Judge Gorsuch would be the first former clerk to sit on the Supreme Court with his ex-boss, raising novel questions about which man would be more influential on the other, especially since the nominee's writings reflect a deeper conservatism than Justice Kennedy's.Clerkships are a life-changing experience that can produce enduring bonds, said Adam Charnes, a lawyer at Kilpatrick Townsend & Stockton LLP who clerked for Justice Kennedy the year before Judge Gorsuch did. "You feel a great deal of gratitude and respect," he said. "It has to be hard to put that aside when you're a peer."Perhaps an even bigger question is whether Judge Gorsuch would become a regular ally of Chief Justice Roberts. Both have spoken of the importance of judicial restraint and expressed concern about the judiciary being viewed as a political body instead of a neutral arbiter, a view that can be countered when judges across the ideological spectrum find common ground.The chief justice's stewardship could be especially important during the Trump administration if, as expected, a series of cases challenging the president's agenda make their way to the court. If the president overreaches, the legal records of Chief Justice Roberts and Judge Gorsuch suggest they could form bonds to limit executive encroachment upon the constitutional powers of the legislative and judicial branches.
Posted by Orrin Judd at February 6, 2017 1:44 PM
