5 Things We’ve Learned About Neil Gorsuch So Far – STEPHANIE MENCIMER MAR. 21, 2017 6:43 PM


After two days of hearings, Gorsuch has expounded on mutton busting but not much about the law.

Supreme Court nominee Neil Gorsuch demonstrating how the late Justice Byron White played basketball.

Two days into Neil Gosuch’s confirmation hearings, the proceedings have yielded little insight into the Supreme Court nominee’s views about important legal precedent or landmark cases. In keeping with the tradition of previous nominees, he has declined to give any opinions on past or future cases, or explain his personal views on controversial legal issues from abortion to gay marriage. And he’s sidestepped questions about his work in the Bush Justice Department, which included helping the administration defend torture and denying access to the courts for detainees at Guantanamo. But the hearings have unearthed some more obscure trivia about the 10th Circuit judge. Here are some of the most interesting tidbits that have emerged so far:

He likes David Foster Wallace: Waxing poetic about his view of the law, Gorsuch told the Judiciary Committee: “We’re now like David Foster Wallace’s fish. We’re surrounded by the rule of law. It’s in the fabric of our lives.”

Gorsuch was referring to the story the late writer told in a 2005 commencement speech at Kenyon College. “There are these two young fish swimming along,” Wallace told the graduating students, “and they happen to meet an older fish swimming the other way, who nods at them and says, ‘Morning, boys, how’s the water?’ And the two young fish swim on for a bit, and then eventually one of them looks over at the other and goes, ‘What the hell is water?'”

His confirmation hearing isn’t the first time Gorsuch has referenced Wallace’s fish. He’s invoked it at least once before, in an article for the Harvard Journal of Law and Policy. “If sometimes the cynic in all of us fails to see our Nation’s successes when it comes to the rule of law,” he wrote, “maybe it’s because we are like David Foster Wallace’s fish that’s oblivious to the life-giving water in which it swims.”

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