President Trump nominated Circuit Court Judge Neil Gorsuch to be the next U.S. Supreme Court Justice. What could the effects be on personal injury (tort) law in the future?


The views of Judge Neil Gorsuch, President Donald Trump’s nominee to the open seat on the United States Supreme Court, are so far falling strongly upon party lines. The Republicans are trumpeting Judge Gorsuch’s record, experience and education while the Democrats are saying that he does not have the experience needed to fill the empty seat left in the wake of Justice Antonin Scalia’s passing last February. The Democrats are also saying that the Judge is too conservative, using his briefs in the few cases he has had published as proof that he is ultra conservative and a potential threat to a number of Liberal causes, including Roe vs. Wade and universal healthcare.


Furthermore, the Democratic leadership in the Senate has verbalized its belief that this seat has been “stolen” by the Republicans for not allowing President Obama’s attempt to appoint Judge Merrick Garland to the U.S. Supreme Court upon Justice Scalia’s death a year ago. There is little doubt that leading Democrats will push Judge Gorsuch very hard during his vetting hearing.


What does all this mean for you? Not all that much – yet. Even if Judge Gorsuch is able to win the nomination through the vote in the U.S. Senate after his vetting process (no sure thing at this time), he is still in effect replacing a Judge cut from a very similar conservative cloth. So, in effect the balance of the United State Supreme Court will be the same as it was when Judge Scalia occupied that seat.


As we mentioned in our recent blog regarding this open Supreme Court seat before we even knew that Judge Gorsuch would be President Trump’s nominee, replacing Justice Scalia with a Judge who is similarly conservative will keep the balance between liberal and conservative judges on the Supreme Court the same as before. The real effect on that balance will come if one of the liberal Justices, such as Justice Ginsberg or Justice Kennedy, step aside or die during Donald Trump’s presidency.


Adding one more conservative judge to the Supreme Court in addition to Judge Gorsuch could have a significant effect on that current balance. That could cause the court to take on a much more conservative tone moving forward. That is the time we all have to watch for.


At Slinkman, Slinkman & Wynne P.A. we believe it is important for all Jupiter, Palm Beach Gardens, West Palm Beach, Tequesta, Stuart and all south Florida families to discuss the effect that changes in the makeup of our nation’s Supreme Court could have on future legal cases.


If you or someone you love have been in an accident, suffered from medical malpractice or been injured or killed from a slip and fall accident or defective product you need to find and hire a law firm that has the level of knowledge and experience that will get you the financial results you deserve, while also working with you throughout your case until a satisfactory resolution has been reached.


With over four decades of experience, that firm in south Florida is Slinkman, Slinkman, & Wynne. Contact us directly at (561) 686-3400, or via email at We offer a free initial consultation to review your case.


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