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Gorsuch has moderate record on immigration: analysis

by Rafael Bernal - 03/27/17 2:50 PM ET

Supreme Court nominee Judge Neil Gorsuch has a relatively liberal record on immigration and employment discrimination cases, according to an analysis by FiveThirtyEight.

Democrats delayed Gorscuh’s nomination Monday, a sign that they may plan to filibuster his nomination.

Although Democrats consider Gorsuch’s record too conservative, the FiveThirtyEight analysis shows his decisions on immigration and employment discrimination have been to the left of the median among judges on the 10th U.S. Circuit Court of Appeals, where Gorsuch currently presides.

{mosads}The report included the caveat that circuit court decisions are made by “three-judge panels and judges’ votes are influenced by their panel colleagues,” so the decisions may not fully represent Gorsuch’s personal ideology.

Still, FiveThirtyEight notes, Democrats are opposing Gorsuch on the grounds that he lacks empathy for “the little guy.”

Despite that image, Gorsuch sided with plaintiffs in discrimination cases 18 percent of the time, compared to the 10th Circuit average of 13 percent, according to the analysis.

In immigration cases, Gorsuch sided with the immigrant 10 percent of the time. That’s slightly higher than the average of 9 percent recorded among all 10th Circuit judges.

The report says Gorsuch’s previous left-leaning decisions may not indicate his future implementation of the law, as circuit court judges are more constrained in their rulings than Supreme Court justices.

Democrats have also criticized Gorsuch on the grounds that the seat, which opened in February 2016 with the death of Justice Antonin Scalia, should have been filled by then-President Obama’s nominee, Merrick Garland.

Tags Barack Obama