President Donald Trump said today that Justice Neil Gorsuch, his first Supreme Court nominee, “has been very spectacular.”
In the last session of the court, Gorsuch wrote a majority opinion for the court in Bostock vs. Clayton County, arguing that “transgender” individuals are protected from being fired by the 1964 Civil Rights Act, which prohibits discrimination based on a person’s “sex.”
Trump made the statement while announcing a new list of 20 people he will consider for a Supreme Court nomination should there be another vacancy on the court.
“Apart from matters of war and peace, the nomination of a Supreme Court justice is the most important decision an American president can make,” Trump said.
“For this reason, candidates for president owe the American people a specific list of individuals they consider for the United States Supreme Court,” said Trump.
“Four years ago, I announced my first list of highly qualified candidates and promised to fill Justice Scalia’s vacant seat from among those names,” said Trump.
“And just days after my inauguration I kept that promise when I nominated Judge Neil Gorsuch, and, as you know, he has been very spectacular,” said Trump.
Among the 20 new people President Trump has added to his list of potential Supreme Court nominees are: Kentucky Atty. Gen. Daniel Cameron; former Solicitor General Paul Clement; Sen. Tom Cotton of Arkansas; Sen. Ted Cruz of Texas; former Solicitor General Noel Francisco; and Sen. Josh Hawley of Arkansas.
In the case of Bostock v. Clayton County, Gorsuch argued that firing a man who “identifies” as a woman is sex discrimination banned under the Civil Rights Act.
“Or take an employer who fires a transgender person who was identified as a male at birth but who now identifies as a female,” wrote Gorsuch. “If the employer retains an otherwise identical employee who was identified as female at birth, the employer intentionally penalizes a person identified as male at birth for traits or actions that it tolerates in an employee identified as female at birth. Again, the individual employees sex plays an unmistakable and impermissible role in the discharge decision.”
Gorsush was joined in this opinion by Chief Justice John Roberts, Justice Ruth Bader Ginsburg, Justice Stephen Breyer, Justice Sonia Sotomayor and Justice Elena Kagan.
Justices Clarence Thomas, Samuel Alito and Brett Kavanugh dissented.