During the confirmation process of Justice Neil M. Gorsuch, many commenters and scholars discussed a methodology of constitutional interpretation employed by both then-Judge Gorsuch and the late Justice Antonin Scalia: originalism. Many scholars have discussed the strengths and weaknesses of originalism as a theory. This note takes a different approach. It uses Aristotle’s teachings on rhetoric to analyze three Fourth Amendment opinions written by Justice Gorsuch when he sat as a judge on the United States Court of Appeals for the Tenth Circuit. Using Aristotelian rhetorical theory, the note ultimately concludes that Justice Gorsuch’s use of originalism enables him to make highly persuasive arguments and that, during his time on the Supreme Court, Gorsuch will have the opportunity to become more than just the next Justice Scalia.

Keep Reading The New Scalia? An Aristotelian Analysis of Judge Gorsuch’s Fourth Amendment Jurisprudence