Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Neil Gorsuch Fills Vacant Supreme Court Seat

By Shaun Cassin on April 11, 2017
Email this postTweet this postLike this postShare this post on LinkedIn

After a contentious confirmation process, on April 7, 2017, the Senate confirmed Tenth Circuit Judge Neil Gorsuch to fill the Supreme Court seat that has been vacant since the death of Justice Antonin Scalia in February 2016. On April 10, 2017, Gorsuch, a former clerk of current Justice Anthony Kennedy, was sworn in by Kennedy. Now that Gorsuch has taken his oath, he is ready to participate in the Supreme Court’s next round of oral arguments, which are set to begin on April 17.

When Gorsuch was initially nominated, we previously discussed the impact he could have on federal labor and employment laws if confirmed. Based on his judicial record, we suspect his opinions will generally be favorable for employers. This is notable, as the Court has come to a deadlock in numerous decisions following Scalia’s death. For example, in the March 2016 decision Friedrichs v. California Teachers Association, the Court came to a 4-4 split vote on whether public-sector unions can require non-members to pay a fee to the unions. A new lawsuit on the issue was filed in February 2017. If the issue again reaches the Supreme Court, it is likely that Gorsuch will join the four conservative justices who voted against the union in Friedrichs. Gorsuch will undoubtedly be faced with a number of other employment issues during his tenure, including the enforceability issue of class of waivers. Employers should continue to monitor these developments.

Photo of Shaun Cassin Shaun Cassin
Read more about Shaun CassinEmail
  • Posted in:
    Appellate and Supreme Court
  • Blog:
    The Employer Report
  • Organization:
    Baker McKenzie
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo