Appearance
Neil Gorsuch
Neil M. Gorsuch, Associate Justice, was born in Denver, Colorado, August 29, 1967. He received a B.A. from Columbia University, a J.D. from Harvard Law School, and a D.Phil. from Oxford University. He clerked for Judge David B. Sentelle, of the United States Court of Appeals for the District of Columbia Circuit, and for Justices Byron R. White and Anthony M. Kennedy, of the Supreme Court of the United States. He spent a decade in private practice before being appointed Principal Deputy Associate Attorney General at the U.S. Department of Justice. He has taught law at the University of Colorado and George Mason University and serves on the boards of the National Constitution Center and the Colonial Williamsburg Foundation. In 2006, he was appointed to the United States Court of Appeals for the Tenth Circuit, where he served until President Donald J. Trump nominated him as an Associate Justice of the Supreme Court. He took his seat on April 10, 2017.
Kennedy v. Bremerton School District (2022)
Why critics call it impeachable
Scholars at Yale, Harvard, and Cornell argued that the majority opinion misrepresented the factual record, describing the coach's prayers as "private" despite extensive evidence they were public and coercive. This has been cited as judicial dishonesty and misuse of the record.
Ruling (official Supreme Court link)
Supreme Court slip opinion (PDF)
Non-paywalled article explaining the controversy
Slate — "The Supreme Court's Prayer Case Was Based on a Lie"
McGirt v. Oklahoma (2020)
Why critics call it impeachable
Oklahoma officials accused Gorsuch of judicial overreach and "rewriting jurisdictional law," claiming the ruling destabilized criminal prosecutions. These impeachment claims came mostly from political actors, not legal scholars.
Ruling (official Supreme Court link)
Supreme Court slip opinion (PDF)
Non-paywalled article explaining the controversy
Bostock v. Clayton County (2020)
Why critics call it impeachable
Some conservative legal groups accused Gorsuch of legislating from the bench and abandoning textualism by interpreting "sex" to include sexual orientation and gender identity. These claims are ideological rather than misconduct-based.
Ruling (official Supreme Court link)
Supreme Court slip opinion (PDF)
Non-paywalled article explaining the controversy
SCOTUSblog — "Opinion analysis: Textualism wins the day"
Whole Woman's Health v. Jackson (2021)
Why critics call it impeachable
Legal scholars argued the Court effectively nullified constitutional rights by allowing Texas to evade judicial review through private enforcement. Critics described this as abdication of judicial duty.
Ruling (official Supreme Court link)
Supreme Court slip opinion (PDF)
Non-paywalled article explaining the controversy
United States v. Haymond (2019)
Why critics call it impeachable
Some prosecutors and commentators argued Gorsuch invented new constitutional rules and destabilized supervised-release law. These criticisms frame the opinion as judicial activism.
Ruling (official Supreme Court link)
Supreme Court slip opinion (PDF)
Non-paywalled article explaining the controversy
SCOTUSblog — "Opinion analysis: Divided court throws out additional jail time for sex offender"