Analysis: Neil Gorsuch seen as judge sharing style of Antonin Scalia

Feb. 01--WASHINGTON -- Federal Judge Neil Gorsuch's rulings and writings paint a picture of a conservative who believes in strictly construing the Constitution, statutes and rules much as the late Justice Antonin Scalia did, which could revive the Supreme Court's 4-4-1 ideological split -- with Anthony Kennedy returning to the role of "swing" voter.

Gorsuch, like others on President Trump's Supreme Court shortlist, is "well qualified in terms of intellect, training and temperament," said Sheldon Goldman, professor of political science at the University of Massachusetts Amherst, who has studied past judicial nominee selections.

While Gorsuch has said little about hot-button issues such as gun control, here is where he has stood on some key issues likely to come before the court in the years ahead:

--Gorsuch is seen as a strong defender of religious liberty for his concurring opinion in a decision backing Hobby Lobby's challenge to the Obamacare mandate requiring employer-provided health insurance to cover contraception at no cost.

He wrote that the mandate violated the private employer's rights "by requiring them to lend ... assistance to the commission of what their religion teaches to be a moral wrong." The U.S. Supreme Court ultimately upheld that ruling.

--In 11 years on the Denver-based 10th Circuit Court of Appeals, Gorsuch has not written an abortion opinion. But he has written extensively on the issue of assisted suicide, including a book in which he stated "all human life is intrinsically valuable" and that there was no constitutional basis for prioritizing the life of a mother ahead of that of a child. He also noted that if the high court defines a fetus as a "person," abortion would be illegal.

--Gorsuch has not ruled directly on same-sex marriage or other issues facing the gay and transgender community. But he wrote a 2005 National Review article that led some gay rights advocates to suggest the judge is antipathetic.

"Liberals may win a victory on gay marriage when preaching to the choir before like-minded judges in Massachusetts," Gorsuch wrote. "But in failing to reach out and persuade the public generally, they invite exactly the sort of backlash we saw in November when gay marriage was rejected in all eleven states where it was on the ballot." The Supreme Court struck down same-sex marriage bans in 2015 by a 5-4 vote.

Since Scalia died last February, the Supreme Court has been mired in a 4-4 split, in some cases letting appellate decisions stand that might otherwise be decided, and other times deadlocking. Gorsuch's appointment raises the likelihood that Kennedy's swing vote will resume its historic importance.

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