A New Justice: Any Change For Class Actions?
This week, Justice Gorsuch donned his black robes and began hearing arguments alongside his new colleagues on the Supreme Court. With his elevation to the high court, Justice Gorsuch assumes many new responsibilities. Some, of the lighter kind, include opening the door during conferences with his colleagues and assuming oversight of the Court’s cafeteria menu. More serious responsibilities will include weighing in on important class action cases that will undoubtedly be heard by the Court in the future.
Despite his lengthy judicial record from having served a decade on the Tenth Circuit, there are relatively few clues regarding Justice Gorsuch’s approach to class actions. While on the court of appeals, he participated in only a few class action cases, which is not surprising given that the Tenth Circuit has not been a hotbed of class actions. His handful of class action opinions, however, evidences not only his gift with the pen but also a restrained, textual approach to Rule 23. These characteristics are