# Neil Gorsuch



An open letter to coaches in Iowa public schools

To the Iowans who coach student athletes or lead other public school-based activities:

As a new academic year begins this week, you may feel more emboldened to bring your religion into practices, games, or other school group gatherings. The U.S. Supreme Court ruled in June that high school football coach Joseph Kennedy was wrongly disciplined over his post-game prayers on the field.

Writing for a 6-3 majority in Kennedy v. Bremerton School District, Justice Neil Gorsuch mischaracterized Kennedy’s actions as a “short, private, personal prayer.” In fact, the coach sought public acclaim and extensive media coverage for giving thanks to God at the 50-yard line, sometimes surrounded by players.

No doubt the coaches who copy Kennedy will be celebrated in many Iowa communities.

I’ve been thinking about how coaches like him will change the school sports experience for students like me.

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Weekend open thread: Stolen Supreme Court seat edition

Confession: I didn’t watch the confirmation hearings of Judge Neil Gorsuch*. The outcome was foreordained, down to Republicans invoking the “nuclear option” of changing Senate rules to allow confirmation of U.S. Supreme Court nominees with a simple majority of votes. The late-breaking news of flagrant plagiarism by Gorsuch* was never going to change any Republican minds.

Democrats could make various political arguments for fighting this nomination through extraordinary means. Even though I knew the filibuster wouldn’t keep Gorsuch* off the high court, I supported the tactic for one reason alone: “business as usual” cannot go on after the theft of a Supreme Court seat.

No matter how qualified Gorsuch* is on paper, he should never have been able to receive this lifetime appointment. Denying the equally qualified Judge Merrick Garland a Judiciary Committee hearing was unprecedented and will be a permanent stain on Senator Chuck Grassley’s legacy. Republican excuses for refusing to consider President Barack Obama’s nominee have no more merit now than they did a year ago. Gorsuch* will never be a legitimate Supreme Court justice in my eyes, and Bleeding Heartland will put an asterisk by his name in perpetuity.

This is an open thread: all topics welcome.

Another tragic story caught my attention this past week: Rekha Basu’s feature for the Des Moines Register on former Mason City council member Alex Kuhn. Well-liked and seen by many as a rising star, Kuhn took his own life last summer. Basu told the story through the frame of the intensely negative feedback–by some accounts bullying–Kuhn received after opposing an incentives package for a huge Prestage pork processing plant. When John Skipper told the story of Kuhn’s final months in the Mason City Globe-Gazette last December, he focused on the young man’s battle with depression. According to Basu, Kuhn’s parents believe Skipper built “a narrative around depression, enabling those who had hurt Alex to turn his suffering back on him.”

The Globe-Gazette’s editor David Mayberry wasn’t a fan of the way Basu built her narrative, on grounds he laid out in this Twitter thread. He observed that “pinning a suicide to one cause is a well-documented no-no in journalism” and linked to this guide for reporters to support his case.

No one can precisely reconstruct why Kuhn’s suffering became too much to bear. Clearly the Prestage controversy profoundly affected him. I can’t imagine what a devastating blow his death was to his loved ones. It’s a huge loss for Iowa as well. Whatever you may think about local giveaways to profitable corporations, elected officials with Kuhn’s political courage are few and far between.

Trump delivers stolen Supreme Court seat to Neil Gorsuch

President Donald Trump announced this evening that he is nominating 10th Circuit Appeals Court Judge Neil Gorsuch for the U.S. Supreme Court seat that should have gone to President Barack Obama’s nominee. A few good backgrounders on the man who will benefit from last year’s unprecedented Republican obstruction: Eric Citron for SCOTUS blog, Robert Barnes for the Washington Post, and Adam Liptak for the New York Times. Liptak dug up a 2002 article by Gorsuch, in which he lamented the Senate’s treatment of two appeals court nominees “widely considered to be among the finest lawyers of their generation”: John Roberts (the current Chief Justice) and Merrick Garland (who should have been confirmed to fill this vacancy).

USA Today’s justice reporter Brad Heath observed, “It would be hard for Trump to have picked a federal appellate judge more like Scalia than Gorsuch.” Heath posted excerpts from a number of Gorsuch’s opinions in this thread, noting the judge believes in “applying the Constitution’s ‘original public meaning.’” Some of the rulings are counter-intuitive, such as this case in which Gorsuch found “extortion doesn’t violate the Equal Protection Clause if [the] corrupt official solicited bribes from everyone.”

Senator Chuck Grassley praised Gorsuch for being well qualified and having been confirmed unanimously to the appeals court. Speaking to the Des Moines Register’s Jason Noble, the Judiciary Committee chair said he hoped Democrats would not filibuster Gorsuch, just as Republicans didn’t filibuster Supreme Court nominees during the first terms of Presidents Bill Clinton and Barack Obama. What’s missing from this narrative? Grassley never even gave Garland a hearing.

After the jump I’ve posted prepared statements from Grassley and Senator Joni Ernst welcoming the nomination. I also enclose below the Alliance for Justice fact sheet on Gorsuch, which references many of his legal writings. That non-profit’s president Nan Aron described Gorsuch as a “disastrous choice,” because his “record shows no sign that he would offer an independent check on the dangerous impulses of this administration. What it does show is that he would put the agenda of powerful special interests ahead of the rights of everyday people […].”

Gorsuch is only 49 years old, so he will probably serve on the high court for decades. Several analysts believe picking him was an effort to “reassure” Justice Anthony Kennedy “that it would be safe to retire.” Once Kennedy goes and Trump appoints another justice, we can say goodbye to reproductive rights, voting rights, any kind of environmental and labor regulations, consumer protections, and equal rights for women and LGBTQ people. The Supreme Court will for all practical purposes be unavailable as a check on Republican governance.

While conservatives across the country celebrate tonight, a few locals may be disappointed Trump passed over 8th Circuit Appeals Court Judge Steven Colloton of Iowa. Colloton and Iowa Supreme Court Justice Edward Mansfield were both on the long list of possible Supreme Court nominees Trump released during the campaign. By some recent accounts, Colloton was on the president’s short list after the election too. Maybe next time.

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