Neil McGill Gorsuch

How Judge Gorsuch rules, drawn from 34 signed orders. Every observation links to the order it came from.

Judge Gorsuch no longer hears cases. This profile is preserved as a historical record of how they ruled.

Court
U.S. Court of Appeals for the Tenth Circuit
Position
circuit
Status
Elevated to a higher court
Appointed by
George W. Bush (Republican)
ABA rating
Well Qualified
Education
Columbia University, B.A., 1988; Harvard Law School, J.D., 1991; University College, University of Oxford, D.Phil., 2004
Signed orders read
34

How Judge Gorsuch decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

A reasonable disability accommodation had to enable the employee to work rather than excuse the employee from working for an extended period.

“After all, reasonable accommodations — typically things like adding ramps or allowing more flexible working hours — are all about enabling employees to work, not to not work.”

Law-of-the-case doctrine allowed a court to decline renewed consideration of issues resolved earlier in the litigation.

“Law of the case doctrine permits a court to decline the invitation to reconsider issues already resolved earlier in the life of a litigation.”

Procedural preferences

A new legal theory not presented below could support reversal only if the appellant satisfied plain-error review.

“If a newly raised legal theory is entitled to appellate review at all — if it wasn’t waived before the district court — it may form a basis for reversal only if the appellant can satisfy the elements of the plain error standard of review.”

A final pretrial order could be amended only when necessary to prevent manifest injustice.

“a final pretrial order focused on formulating a plan for an impending trial may be amended ‘only to prevent manifest injustice.’”

Cautions

Mandamus was withheld when petitioners failed to show that waiting for ordinary review would cause irreparable injury.

“the petitioners fail to offer a convincing reason to think that without an immediate remedy they will face an irreparable injury.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

United States v. Diesel
· 2007-07-31
Appeal (defendant-appellant) Denied

“Affirmed.”

Morris v. St. John National Bank
· 2008-02-22
Appeal (plaintiff-appellant) Denied

“Affirmed.”

United States v. Uscanga-Mora
· 2009-04-24
Appeal (defendant-appellant) Denied

“Affirmed.”

Wyoming v. United States Department of Interior
· 2009-11-24
Appeal (intervenor-appellant) Moot / procedural

“we dismiss this appeal as moot, vacate the judgment of the district court, and remand with instructions to dismiss the case for lack of subject matter jurisdiction.”

United States v. Martin
· 2010-07-30
Appeal (defendant-appellant) Denied

“today we affirm.”

Richison v. Ernest Group, Inc.
· 2011-03-14
Appeal (plaintiff-appellant) Denied

“Affirmed.”

United States v. Krause
· 2011-04-01
Appeal (appellant) Denied

“Affirmed.”

United States v. Banuelos-Barraza
· 2011-04-07
Appeal (defendant-appellant) Denied

“this appeal is dismissed.”

Johnson v. Liberty Mutual Fire Insurance Company
· 2011-08-17
Appeal (plaintiff-appellant) Denied

“The judgment of the district court is affirmed.”

United States v. Rochin
· 2011-12-13
Appeal (defendant-appellant) Denied

“Affirmed.”

Secsys, LLC v. Vigil
· 2012-01-23
Appeal (plaintiff-appellant) Denied

“grant of summary judgment to the defendants is affirmed.”

Smith v. McCord
· 2013-02-15
Appeal (plaintiff-appellant) Denied

“The judgment of the district court is affirmed.”

A historical record

Judge Gorsuch no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.