Gorsuch named in live broadcast as president’s pick for supreme court vacancy
Full story: Neil Gorsuch nominated to fill supreme court vacancy
Opinion: Democrats should filibuster against Neil Gorsuch
The looming issues awaiting new supreme court nominee
4.58am GMT
A judge who likes every outcome he reaches is very likely a bad judge.
one of the most mainstream, respected, and exceptionally qualified supreme court nominees in American history.
I hope members of the Senate will … show him fair consideration and respect the result of the recent election with an up-or-down vote on his nomination.
The burden is on Judge Neil Gorsuch to prove himself to be within the legal mainstream … Given his record, I have very serious doubts about Judge Gorsuch’s ability to meet this standard.
4.36am GMT
[Edit: this post originally included a tweet reportedly featuring Gorsuch in a Columbia yearbook; it has been removed so we can check its veracity.]
4.22am GMT
Dan Pfeiffer, a former senior adviser to President Obama, is not the only person to be querying why Trump’s sons Eric and Don Jr – who now, according to their father, have “complete and total control” of his businesses, in a much-criticised attempt to answer questions over conflicts of interest – were present at the White House for the Scotus announcement today:
How did the Trump boys climb over the impenetrable firewall set up between Trump's government and his businesses? https://t.co/LuZVb8ga0m
4.08am GMT
Google says these were the most frequently searched questions about the new Scotus nominee in the two hours after his name was announced by Trump.
The age question is interesting: he’s 49, the youngest nominee in 25 years.
"What religion is #NeilGorsuch?" Top questions on @realDonaldTrump's #SupremeCourt nominee tonight pic.twitter.com/jBRWlKvpn1
3.59am GMT
Gorsuch, like late Justice Scalia, describes himself as a strict textualist in his interpretation of the constitution.
His biggest difference with Scalia comes in the field of administrative law, an area that is sleepy for most lay people but determines the scope of much government action.
3.52am GMT
Associated Press reports that the White House is “planning a major outreach effort” to secure Gorsuch’s confirmation to the supreme court:
Press secretary Sean Spicer says the White House is planning a series of briefings with House and Senate staff about Trump’s pick.
Gorsuch is expected to travel on Wednesday to Capitol Hill to begin meetings with lawmakers, including Senate judiciary committee members.
My fellow members of the Judiciary Committee and I are ready to get to work to get Judge Gorsuch confirmed. pic.twitter.com/MnHZWYouSA
3.46am GMT
Obligatory Trump tweet:
Hope you like my nomination of Judge Neil Gorsuch for the United States Supreme Court. He is a good and brilliant man, respected by all.
3.40am GMT
The addition of Gorsuch is unlikely to tip the balance of the court, the logic goes, given that he looks to be an almost perfect ideological replacement for the late conservative stalwart Scalia. But the notion that Democrats should hold their fire in case Trump has the opportunity to fill another, more pivotal, seat down the road is naive given recent history.
It’s not an inconceivable or even unlikely scenario that Trump will have such an opportunity. But Democrats would be fools to stand down now in hopes that Republicans, admiring their magnanimity and bipartisan spirit would somehow reward them at some unspecified future date.
Related: Why Democrats should hold the line and filibuster against Neil Gorsuch | Lucia Graves
3.33am GMT
Here’s where fivethirtyeight puts Gorsuch on the liberal/conservative scale of the supreme court bench (you’ll find him to the right):
trump nominates neil gorsuch to the supreme court: https://t.co/xovHOjrqG3 pic.twitter.com/BuDJvwRGOn
3.14am GMT
Speaker Paul Ryan, I think, takes the prize for most effusive response to Gorsuch’s nomination, calling him a “phenomenal” pick:
President Trump has fulfilled his pledge to nominate a judge who has a demonstrated loyalty to the constitution and a strong commitment to life. He is a phenomenal nominee for the supreme court.
His belief in judicial restraint will serve the court – and the country – very well. I also commend his career-long fight to uphold the constitutional right of religious liberty.
3.05am GMT
Courtesy of the New York Times, here’s new Scotus nominee Neil Gorsuch on the “gross mistreatment” of judicial confirmations by the Senate:
In a 2002 article … Mr. Gorsuch criticized the Senate’s handling of judicial confirmations. “Some of the most impressive judicial nominees are grossly mistreated,” he said, mentioning two candidates for the federal appeals court in Washington who he said were “widely considered to be among the finest lawyers of their generation”.
One was John G Roberts Jr, who went on to become chief justice of the United States. The other was Judge Merrick B Garland, who was confirmed to the appeals court in 1997 after a long delay, but whose nomination to the supreme court last year was blocked by Senate Republicans.
2.54am GMT
Senator Tim Kaine – Hillary Clinton’s would-be VP pick – is biding his time on a yes or no for Gorsuch:
The importance of an appointment to the highest court in the land and the duty of upholding and defending our constitution demand a higher threshold for confirmation than for any other appointee.
The actions of the Trump administration over the past week raise the stakes to an even higher level.
2.40am GMT
A short walk from the White House, protesters gathered on the steps of the supreme court to demand that Democratic senators block the appointment of Gorsuch.
We will not go back. We’ve worked too hard …
There is no way we’re returning to a 1789 interpretation of the constitution.
2.31am GMT
Republican senators from all wings of the party enthused about the choice.
“There’s nothing not to like about Neil Gorsuch,” said Jeff Flake of Arizona. Even more enthusiastic praise came from Ben Sasse of Nebraska who told the Guardian that Gorsuch “is the kind of person that the founders envisioned sitting on the supreme court”.
2.23am GMT
Senator Elizabeth Warren says she will oppose the nomination of Gorsuch:
President Trump had the chance to select a consensus nominee to the Supreme Court. To the surprise of absolutely nobody, he failed that test.
Before even joining the bench, he advocated to make it easier for public companies to defraud investors. As a judge, he has twisted himself into a pretzel to make sure the rules favor giant companies over workers and individual Americans. He has sided with employers who deny wages, improperly fire workers, or retaliate against whistleblowers for misconduct. He has ruled against workers in all manner of discrimination cases. And he has demonstrated hostility toward women’s access to basic health care.
For years, powerful interests have executed a full-scale assault on the integrity of our federal judiciary, trying to turn the supreme court into one more rigged game that works only for the rich and the powerful. They spent millions to keep this seat open, and Judge Gorsuch is their reward …
2.17am GMT
Some Democrats had pledged to filibuster Trump’s pick, in part out of retaliation for the Republicans’ refusal last year to consider the nomination of circuit court judge Merrick Garland, Obama’s selection to replace Scalia. Senate majority leader Mitch McConnell argued at the time that it would be inappropriate for a departing president – 11 months remained in Obama’s term – to make such a significant and long-term appointment.
2.06am GMT
Nancy Pelosi, the House minority leader, tells CNN Trump has made “a very bad decision”.
He has appointed someone who has come down on the side of corporate America … He comes down on the side of felons over gun safety.
[He is] hostile to women’s reproductive rights …
Where we’d like them to come down is to make sure that this confirmation subjects the candidate to the strongest scrutiny when it comes to honoring the constitution of the United States.
1.54am GMT
Ben Sasse – the conservative Republican senator for Nebraska who didn’t vote for Trump in November – is having a little fun with his statement (although the qualifying “hogwash” suggests he wants to be sure we don’t take the hyperbole seriously):
Neil Gorsuch is a highly-regarded jurist with a record of distinguished service, rooted in respect for the law. He was confirmed unanimously by Democrats and Republicans.
Senator Schumer is about to tell Americans that Judge Gorsuch kicks puppies and heckles piano recitals. That’s hogwash.
1.48am GMT
Sensing some sarcasm from the Democratic representative for California:
Just like Merrick Garland, Neil Gorsuch is a respected judge. He should receive the same type of fair & honest consideration in the Senate.
1.46am GMT
Republican Senate leader Mitch McConnell says Trump has made an “outstanding decision”, saying Gorsuch has:
a long record of faithfully applying the law and the constitution.
I hope members of the Senate will again show him fair consideration and respect the result of the recent election with an up-or-down vote on his nomination, just like the Senate treated the four first-term nominees of presidents Clinton and Obama.
1.41am GMT
I don’t believe he’s tweeting from it himself, but Neil Gorsuch has a new verified Twitter account: @GorsuchFacts.
The bio reads:
Judge Gorsuch will be fair to all regardless of their background or beliefs. This is exactly the kind of #SCOTUS Justice @POTUS promised. #JusticeGorsuch
Join us in congratulating Judge Neil Gorsuch on his nomination for #SCOTUS! Read his bio here: https://t.co/Im2VNUG6Bk #JusticeGorsuch pic.twitter.com/7HD7Xzc29L
1.36am GMT
Gorsuch’s track record as a judge on the US court of appeals for the 10th circuit does not shed obvious light on how he might rule as a supreme court justice on hot-button topics such as abortion and marriage equality. He is the author of a book about euthanasia in which he writes, “to act intentionally against life is to suggest that its value rests only on its transient instrumental usefulness for other ends”.
Ideological strands running through Gorsuch’s appeals court rulings would seem likely to endear him to congressional Republicans and Trump’s conservative base. He has shown himself to be solicitous to claims of religious exemptions from the law, to gun rights claims and to the prosecution of death penalty cases.
1.32am GMT
Chuck Schumer, the Democratic minority leader in the Senate, says Gorsuch must also be subject to the 60-vote “super-majority” rule – “a bar that was met by each of President Obama’s nominees” – rather than a simple majority confirmation:
The burden is on Judge Neil Gorsuch to prove himself to be within the legal mainstream and, in this new era, willing to vigorously defend the constitution from abuses of the executive branch and protect the constitutionally enshrined rights of all Americans.
Given his record, I have very serious doubts about Judge Gorsuch’s ability to meet this standard.
1.26am GMT
A dissenting voice comes from Democratic Senator Patrick Leahy, the minority leader of the Senate committee on the judiciary.
Leahy says:
In light of the unconstitutional actions of our new president in just his first week, the Senate owes the American people a thorough and unsparing examination of this nomination …
President Trump said he would appoint justices who would overturn 40 years of jurisprudence established in Roe v Wade. Judge Gorsuch has shown a willingness to limit women’s access to healthcare that suggests the president is making good on that promise …
1.21am GMT
Texas Senator Ted Cruz is also a happy man:
Our country desperately needs #SCOTUS justices who revere the Constitution and are willing to elevate it over their own personal preferences https://t.co/bKGwBnhVyx
I wholeheartedly applaud President Trump for nominating Judge Gorsuch: https://t.co/nJ2kxct3vM
1.17am GMT
Vice-president Mike Pence is on board:
Judge Gorsuch is one of the most mainstream, respected, and exceptionally qualified Supreme Court nominees in American history.
1.14am GMT
“Impartiality and independence, collegiality and courage” is what is expected of judges, Gorsuch says.
A judge who likes every outcome he reaches is very likely a bad judge.
1.13am GMT
President Donald Trump has nominated circuit court judge Neil Gorsuch to fill the vacant seat on the US supreme court, setting up a showdown with congressional Democrats and activists over a pick that could shape the ideological bent of the court for a generation.
Gorsuch, 49, the youngest supreme court nominee in 25 years, was among a group of federal judges reported in recent weeks to be on Trump’s shortlist. A strict adherent of judicial restraint known for sharply-written opinions and bedrock conservative views, Gorsuch, a Colorado native, is popular among his peers and is seen as having strong backing among Republicans generally.
Related: Neil Gorsuch nominated by Donald Trump to fill supreme court vacancy
1.11am GMT
Gorsuch says Scalia was “a lion of the law”. His voice cracks slightly as he adds: “I miss him.”
1.10am GMT
Gorsuch says the president and his team “have shown me great courtesy in this process”.
He says he is “acutely aware of my own imperfections”.
1.09am GMT
While in law school Gorsuch developed a reputation for helping the less fortunate, Trump says.
He could have had any job at any law firm with any amount of money … He wanted to make an impact.
He is a man who our country really needs, and needs badly, to ensure the rule of law.
1.07am GMT
Trump says Gorsuch has “tremendous bipartisan support”.
“Was that a surprise, was it?” the president asks the audience of his pick. (It’s not clear what the answer is supposed to be.)
1.05am GMT
Trump’s autocue might have scooped his own announcement:
It's Gorsuch per the teleprompter
1.04am GMT
Gorsuch is confirmed as Trump’s nominee.
1.03am GMT
The president comes to the lectern to applause.
He begins by saying that he had promised to “find the very best judge in the country for the supreme court … who loves our constitution”.
12.57am GMT
Here’s frontrunner Neil Gorsuch speaking last year on finding out that Antonin Scalia had died:
A few weeks ago, I was taking a breather in the middle of a ski run with little on my mind but the next mogul field when my phone rang with the news.
I immediately lost what breath I had left, and I am not embarrassed to admit that I couldn’t see the rest of the way down the mountain for the tears.
12.52am GMT
There’s quite the gathering in the East Room of the White House for the unveiling of Trump’s pick:
Kellyanne Conway, Mitch McConnell, and Paul Ryan just arrived. Kellyanne is in the front row and they're in the second.
Antonin Scalia's son Paul is in the front row
12.49am GMT
As we wait for the Scotus announcement – in around 15 minutes from now – Reuters has news of some separate White House nominations:
President Donald Trump will nominate US attorney Rod Rosenstein to be deputy attorney general, the White House said on Tuesday, one day after Trump fired the acting attorney general Sally Yates for refusing to enforce an immigration order.
The White House also said Trump will nominate Rachel Brand to be associate attorney general and Steven Engel to be an assistant attorney general, filling senior positions as the justice department awaits Senate confirmation of Jeff Sessions to be attorney general.
12.37am GMT
If Trump was hoping for wall-to-wall reality TV-style coverage of this announcement – which is usually a more solemn, dignified affair – he’s getting it. US major broadcast networks are expected to cover live the unveiling of his supreme court pick.
Getting ready to deliver a VERY IMPORTANT DECISION! 8:00 P.M.
SCOOP: "Only 1 of the 2" SCOTUS finalists made it to DC today, per WH official. Means *no "Apprentice"-style showdown. @HallieJackson
12.29am GMT
Hardiman, 51, of Pennsylvania, sits on the third circuit court of appeals, to which he was appointed by Bush in 2007. A former district court judge, Hardiman graduated from Georgetown law school in Washington. If nominated and confirmed, he would be the only supreme court justice without an Ivy League law degree.
He has advanced conservative interpretations, particularly in “law and order” cases touching on issues such as sentencing guidelines, the death penalty, the right to film police and second amendment issues.
12.22am GMT
Gorsuch, 49, was appointed in 2006 by Bush to the 10th circuit court of appeals, in Denver, Colorado, and is a frequent member of Republican-leaning supreme court shortlists. He is the youngest entry on Trump’s reported shortlist.
His only book, The Future of Assisted Suicide and Euthanasia, was intended to bolster the case against its legalization; its publisher called it his central thesis “the idea that human life is intrinsically valuable and that intentional killing is always wrong”. In 2012, Michael Fragoso, a longtime anti-abortion advocate and current counsel to Arizona senator Jeff Flake, called Gorsuch and other young Bush-era judicial appointees “as good a college of judicial cardinals as the conservative and pro-life movements have ever seen”.
12.14am GMT
What has Trump said about his process for picking a supreme court nominee?
He promised his choice would be a “truly great” justice who is “pro-life”.
I think in my mind I know who it is. I think you’re going to be very, very excited.
I have made my decision on who I will nominate for The United States Supreme Court. It will be announced live on Tuesday at 8:00 P.M. (W.H.)
12.03am GMT
President Donald Trump will shortly announce his pick for the supreme court vacancy created by the death of staunchly conservative justice Antonin Scalia in February last year.
Such nominations are rarely without controversy, of course: Barack Obama nominated Merrick Garland for the same vacancy in March 2016, warning Republicans that any delays in confirming his appointment would cause a loss of faith in the supreme court, the justice system and democracy. Garland did not become a supreme court judge.
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