Gorsuch in the Mainstream
He was upheld at the Supreme Court in seven of eight cases.
The Wall Street Journal
One political trope of modern judicial politics is to declare a conservative nominee “out of the mainstream.” The line is never applied to progressive nominees because to the media the mainstream is by definition progressive. Expect to hear more of this about Supreme Court nominee Neil Gorsuch, albeit without evidence to back it up.
According to an analysis by Jeff Harris at Kirkland & Ellis, Judge Gorsuch has written some 800 opinions since joining the Tenth Circuit Court of Appeals in 2006. Only 1.75% (14 opinions) drew dissents from his colleagues. That makes 98% of his opinions unanimous even on a circuit where seven of the 12 active judges were appointed by Democratic Presidents and five by Republicans. Add the senior judges, who hear fewer cases, and the circuit has 11 Republicans and 10 Democrats.
Judge Gorsuch is known on the Tenth Circuit as a strong writer and consensus builder, and the pattern extends to his participation in opinions by other judges. Judge Gorsuch has heard roughly 2,700 cases and dissented in only 35—1.3%.
Not many of his cases have ended up at the Supreme Court, but when they have his analysis has been routinely upheld by the Justices. Of at least eight cases considered by Mr. Gorsuch that were appealed to the Supreme Court, the Justices upheld his result in seven. In four of those the decisions were unanimous.