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Articles

5 reasons Judge Gorsuch will make an excellent Supreme Court Justice

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February 1, 2017

As a constitutional attorney who learned about the law from Justice Scalia’s opinions and writing and as a Christian attorney who is continually inspired by his convictional, passionate, well-lived life, the stakes for his successor could not be more high.

But Judge Neil Gorsuch is perfectly poised to become a Supreme Court justice that would make Justice Scalia proud. Here are five reasons why Judge Gorsuch will make an excellent Supreme Court justice:

1. Judge Gorsuch is an originalist and a textualist, understanding the proper role of the judiciary.

“It’s a pizzazzy topic: Constitutional interpretation.” Thus begins an iconic speech delivered by the late Justice Scalia in 2005. But it’s one of the best things to read to understand the judicial philosophy of originalism. As Scalia himself said, “Our manner of interpreting the Constitution is to begin with the text, and to give that text the meaning that it bore when it was adopted by the people.” Combating the modern era of those who believe the Constitution is a “living document” and judges are free to read new freedoms into it, originalists believe that new freedoms can be established by the people’s elected representatives, but not the judiciary.

While Scalia did not invent originalism, he did invent the modern philosophy of interpreting statutes known as textualism – meaning that statutes and laws should be interpreted by judges simply using the words of the text alone, refusing to debate the legislative history, intents, or purposes various lawmakers may have had while debating and passing the bill.

In a posthumous tribute to Scalia, Gorsuch explained the power of originalism and textualism:

Judges should instead strive (if humanly and so imperfectly) to apply the law as it is, focusing backward, not forward, and looking to text, structure, and history to decide what a reasonable reader at the time of the events in question would have understood the law to be — not to decide cases based on their own moral convictions or the policy consequences they believe might serve society best. As Justice Scalia put it, “if you’re going to be a good and faithful judge, you have to resign yourself to the fact that you’re not always going to like the conclusions you reach. If you like them all the time, you’re probably doing something wrong.”

2. Judge Gorsuch understands the foundational and fundamental importance of religious liberty – it’s for everyone.

While many rightly recognize Gorsuch’s rulings siding with Hobby Lobby and Little Sisters of the Poor against the Obama administration’s HHS mandate, his extensive history on the bench shows that he understands the core component of religious liberty – it’s for everyone.

Our Founding Fathers enshrined the freedom to exercise one’s faith in every aspect of life against government encroachment.  Judge Gorsuch has consistently ruled that every American has these fundamental freedoms, even if they’re unpopular, a minority, or in prison.

Judge Gorsuch sided with Andrew Yellowbear, a member of the Northern Arapaho Tribe serving a life sentence for beating his two-year-old daughter to death. When a federal prison denied Yellowbear access to the sweat lodge in the main prison yard, Judge Gorsuch ruled that our laws clearly protect “those sincerely seeking to exercise religion.”

He also sided with Madyn Abdulhaseeb, a Muslim man who sued his prison for denying him halal meals. Judge Gorsuch has repeatedly defended the religious liberty of everyone, something we can all learn from.

3. Judge Gorsuch is a persuasively powerful communicator of ideas and ideals.

Since his nomination, numerous liberals who worked in the Obama administration have publicly supported Judge Gorsuch and his nomination. Why? Because he is a decent man, listens to and works alongside others who disagree with him, and thoughtfully communicates his perspective in ways that make others think deeply.

Many of these same things were said about Justice Scalia. Even Justice Elena Kagan says she’s a fan of Judge Gorsuch’s writing style. What’s not to love? One opinion circulating in many profiles begins this way: “Haunted houses may be full of ghosts, goblins, and guillotines, but it’s their more prosaic features that pose the real danger.” He cares deeply about crafting his sentences with care, to ensure they focus on the real people and real problems of the cases before him.

For a job in which thinking clearly and writing persuasively matters most, Judge Gorsuch is poised to continue the long tradition of explaining and defending our nation’s ideals for years to come.

4. Judge Gorsuch isn’t afraid to rule against the government.

In our federal government, the judiciary defends the Constitution and the rule of law from legislators and executives who abuse their power by overreaching. In an era of increasing executive power and unelected bureaucrats regulating ever more areas of our lives, it’s important that our justices aren’t afraid to rule against those in power.

He’s defended the 4th Amendment for citizens whose constitutional rights were abused by police officers, a seventh grader wrongfully arrested for burping in gym class, and nuns serving the poor whose religious liberty was trampled by burdensome regulations.

He will clearly stand up for the Constitution and the rule of law against anyone trampling on the rights of American citizens.

5. Judge Gorsuch understands the roots of American freedom.

Justice Scalia consistently stood up for the principle that the roots of our freedom are found in the structural provisions of the U.S. Constitution, from its checks and balances and separation of powers to federalism and enumerated rights. Judge Gorsuch understands these principles and how they apply to a fundamental truth that changes everything – we do not get our rights from the government, but from God. This self-evident truth has shaped our government from its inception. I’ll conclude with these words from Judge Gorsuch himself in his book on euthanasia:

“Perhaps the most profound indicium of the innate value of human life, however, lies in our respect for the idea of human equality. The 14th amendment to the US Constitution guarantees equal protection of the laws to all persons… This profound social and political commitment to human equality is grounded on, and an expression of, the belief that all persons innately have dignity and are worthy of respect without regard to their perceived value based on some instrumental scale of usefulness or merit. We treat people as worthy of equal respect because of their status as human beings and without regard to their looks, gender, race, creed, or any other incidental trait- because in the words of the Declaration of Independence, we hold it as ‘self-evident’ that ‘all men [and women] are created equal’ and enjoy ‘certain unalienable rights’ and ‘that among these are Life.’”

Joseph Williams

Joseph Williams, a native Tennessean, is an attorney and founding partner of The Peacefield Group, a legal and policy consulting firm in Nashville. Prior to founding The Peacefield Group, he practiced law at the American Center for Law & Justice, advising national and international clients.  Before beginning his legal career, … Read More

Article 12: The Future of AI

We affirm that AI will continue to be developed in ways that we cannot currently imagine or understand, including AI that will far surpass many human abilities. God alone has the power to create life, and no future advancements in AI will usurp Him as the Creator of life. The church has a unique role in proclaiming human dignity for all and calling for the humane use of AI in all aspects of society.

We deny that AI will make us more or less human, or that AI will ever obtain a coequal level of worth, dignity, or value to image-bearers. Future advancements in AI will not ultimately fulfill our longings for a perfect world. While we are not able to comprehend or know the future, we do not fear what is to come because we know that God is omniscient and that nothing we create will be able to thwart His redemptive plan for creation or to supplant humanity as His image-bearers.

Genesis 1; Isaiah 42:8; Romans 1:20-21; 5:2; Ephesians 1:4-6; 2 Timothy 1:7-9; Revelation 5:9-10

Article 11: Public Policy

We affirm that the fundamental purposes of government are to protect human beings from harm, punish those who do evil, uphold civil liberties, and to commend those who do good. The public has a role in shaping and crafting policies concerning the use of AI in society, and these decisions should not be left to those who develop these technologies or to governments to set norms.

We deny that AI should be used by governments, corporations, or any entity to infringe upon God-given human rights. AI, even in a highly advanced state, should never be delegated the governing authority that has been granted by an all-sovereign God to human beings alone. 

Romans 13:1-7; Acts 10:35; 1 Peter 2:13-14

Article 10: War

We affirm that the use of AI in warfare should be governed by love of neighbor and the principles of just war. The use of AI may mitigate the loss of human life, provide greater protection of non-combatants, and inform better policymaking. Any lethal action conducted or substantially enabled by AI must employ 5 human oversight or review. All defense-related AI applications, such as underlying data and decision-making processes, must be subject to continual review by legitimate authorities. When these systems are deployed, human agents bear full moral responsibility for any actions taken by the system.

We deny that human agency or moral culpability in war can be delegated to AI. No nation or group has the right to use AI to carry out genocide, terrorism, torture, or other war crimes.

Genesis 4:10; Isaiah 1:16-17; Psalm 37:28; Matthew 5:44; 22:37-39; Romans 13:4

Article 9: Security

We affirm that AI has legitimate applications in policing, intelligence, surveillance, investigation, and other uses supporting the government’s responsibility to respect human rights, to protect and preserve human life, and to pursue justice in a flourishing society.

We deny that AI should be employed for safety and security applications in ways that seek to dehumanize, depersonalize, or harm our fellow human beings. We condemn the use of AI to suppress free expression or other basic human rights granted by God to all human beings.

Romans 13:1-7; 1 Peter 2:13-14

Article 8: Data & Privacy

We affirm that privacy and personal property are intertwined individual rights and choices that should not be violated by governments, corporations, nation-states, and other groups, even in the pursuit of the common good. While God knows all things, it is neither wise nor obligatory to have every detail of one’s life open to society.

We deny the manipulative and coercive uses of data and AI in ways that are inconsistent with the love of God and love of neighbor. Data collection practices should conform to ethical guidelines that uphold the dignity of all people. We further deny that consent, even informed consent, although requisite, is the only necessary ethical standard for the collection, manipulation, or exploitation of personal data—individually or in the aggregate. AI should not be employed in ways that distort truth through the use of generative applications. Data should not be mishandled, misused, or abused for sinful purposes to reinforce bias, strengthen the powerful, or demean the weak.

Exodus 20:15, Psalm 147:5; Isaiah 40:13-14; Matthew 10:16 Galatians 6:2; Hebrews 4:12-13; 1 John 1:7 

Article 7: Work

We affirm that work is part of God’s plan for human beings participating in the cultivation and stewardship of creation. The divine pattern is one of labor and rest in healthy proportion to each other. Our view of work should not be confined to commercial activity; it must also include the many ways that human beings serve each other through their efforts. AI can be used in ways that aid our work or allow us to make fuller use of our gifts. The church has a Spirit-empowered responsibility to help care for those who lose jobs and to encourage individuals, communities, employers, and governments to find ways to invest in the development of human beings and continue making vocational contributions to our lives together.

We deny that human worth and dignity is reducible to an individual’s economic contributions to society alone. Humanity should not use AI and other technological innovations as a reason to move toward lives of pure leisure even if greater social wealth creates such possibilities.

Genesis 1:27; 2:5; 2:15; Isaiah 65:21-24; Romans 12:6-8; Ephesians 4:11-16

Article 6: Sexuality

We affirm the goodness of God’s design for human sexuality which prescribes the sexual union to be an exclusive relationship between a man and a woman in the lifelong covenant of marriage.

We deny that the pursuit of sexual pleasure is a justification for the development or use of AI, and we condemn the objectification of humans that results from employing AI for sexual purposes. AI should not intrude upon or substitute for the biblical expression of sexuality between a husband and wife according to God’s design for human marriage.

Genesis 1:26-29; 2:18-25; Matthew 5:27-30; 1 Thess 4:3-4

Article 5: Bias

We affirm that, as a tool created by humans, AI will be inherently subject to bias and that these biases must be accounted for, minimized, or removed through continual human oversight and discretion. AI should be designed and used in such ways that treat all human beings as having equal worth and dignity. AI should be utilized as a tool to identify and eliminate bias inherent in human decision-making.

We deny that AI should be designed or used in ways that violate the fundamental principle of human dignity for all people. Neither should AI be used in ways that reinforce or further any ideology or agenda, seeking to subjugate human autonomy under the power of the state.

Micah 6:8; John 13:34; Galatians 3:28-29; 5:13-14; Philippians 2:3-4; Romans 12:10

Article 4: Medicine

We affirm that AI-related advances in medical technologies are expressions of God’s common grace through and for people created in His image and that these advances will increase our capacity to provide enhanced medical diagnostics and therapeutic interventions as we seek to care for all people. These advances should be guided by basic principles of medical ethics, including beneficence, non-maleficence, autonomy, and justice, which are all consistent with the biblical principle of loving our neighbor.

We deny that death and disease—effects of the Fall—can ultimately be eradicated apart from Jesus Christ. Utilitarian applications regarding healthcare distribution should not override the dignity of human life. Fur- 3 thermore, we reject the materialist and consequentialist worldview that understands medical applications of AI as a means of improving, changing, or completing human beings.

Matthew 5:45; John 11:25-26; 1 Corinthians 15:55-57; Galatians 6:2; Philippians 2:4

Article 3: Relationship of AI & Humanity

We affirm the use of AI to inform and aid human reasoning and moral decision-making because it is a tool that excels at processing data and making determinations, which often mimics or exceeds human ability. While AI excels in data-based computation, technology is incapable of possessing the capacity for moral agency or responsibility.

We deny that humans can or should cede our moral accountability or responsibilities to any form of AI that will ever be created. Only humanity will be judged by God on the basis of our actions and that of the tools we create. While technology can be created with a moral use in view, it is not a moral agent. Humans alone bear the responsibility for moral decision making.

Romans 2:6-8; Galatians 5:19-21; 2 Peter 1:5-8; 1 John 2:1

Article 2: AI as Technology

We affirm that the development of AI is a demonstration of the unique creative abilities of human beings. When AI is employed in accordance with God’s moral will, it is an example of man’s obedience to the divine command to steward creation and to honor Him. We believe in innovation for the glory of God, the sake of human flourishing, and the love of neighbor. While we acknowledge the reality of the Fall and its consequences on human nature and human innovation, technology can be used in society to uphold human dignity. As a part of our God-given creative nature, human beings should develop and harness technology in ways that lead to greater flourishing and the alleviation of human suffering.

We deny that the use of AI is morally neutral. It is not worthy of man’s hope, worship, or love. Since the Lord Jesus alone can atone for sin and reconcile humanity to its Creator, technology such as AI cannot fulfill humanity’s ultimate needs. We further deny the goodness and benefit of any application of AI that devalues or degrades the dignity and worth of another human being. 

Genesis 2:25; Exodus 20:3; 31:1-11; Proverbs 16:4; Matthew 22:37-40; Romans 3:23

Article 1: Image of God

We affirm that God created each human being in His image with intrinsic and equal worth, dignity, and moral agency, distinct from all creation, and that humanity’s creativity is intended to reflect God’s creative pattern.

We deny that any part of creation, including any form of technology, should ever be used to usurp or subvert the dominion and stewardship which has been entrusted solely to humanity by God; nor should technology be assigned a level of human identity, worth, dignity, or moral agency.

Genesis 1:26-28; 5:1-2; Isaiah 43:6-7; Jeremiah 1:5; John 13:34; Colossians 1:16; 3:10; Ephesians 4:24