Gorsuch Is the 'Instant-Replay Official' to Roberts the Baseball Umpire
During his 2005 confirmation hearing, Chief Justice John Roberts Jr. famously likened his role to that of a baseball umpire, testifying that “it's my job to call balls and strikes and not to pitch or bat.”
February 01, 2017 at 04:44 PM
4 minute read
During his 2005 confirmation hearing, Chief Justice John Roberts Jr. famously likened his role to that of a baseball umpire, testifying that “it's my job to call balls and strikes and not to pitch or bat.”
The sports analogy served as a charming, accessible—and widely reported—window into Roberts' judicial philosophy. Five years later, Judge Neil Gorsuch—now President Donald Trump's nominee for the U.S. Supreme Court—deployed a different sports analogy to explain why he was upholding a federal labor board's decision.
Gorsuch chose football.
Gorsuch, a judge on the U.S. Court of Appeals for the Tenth Circuit, was weighing a National Labor Relations Board case that involved a union that was accused of unfair practices in persuading a construction company to fire a worker who hadn't paid union dues. The labor union and employee gave conflicting accounts. But the NLRB's in-house judge found the employee credible and ruled against the union.
Gorsuch, as he looked at the case, said he found common ground with the replay booth official who's called on to review a call that is challenged on the field.
“In this respect, our job is something like the role of the instant-replay booth in football: the call on the field presumptively stands and we may overturn it only if we can fairly say that no reasonable mind could, looking at the facts again, stand by that call,” Gorsuch wrote in the case Laborers' International Union of North America v. NLRB. “So it is that we, like the instant-replay official, often affirm decisions that we might not have made ourselves.”
Related: Gorsuch is No Conservative Lapdog on Employment Front
As the battle over his confirmation plays out, Gorsuch's opinions, often written vividly, will be mined for clues into how he might rule on cases in the Supreme Court. Already, a portrait has emerged of a judge with an eloquent, clear and occasionally fun writing style who believes in judicial restraint.
On Tuesday, as he thanked Trump for the nomination, Gorsuch addressed the topic of judicial restraint and said he looked forward to the confirmation process. He described the U.S. Senate as “the greatest deliberative body in the world.” (He began meeting with senators on Wednesday.)
“I respect, too, the fact that in our legal order, it is for Congress and not the courts to write new laws. It is the role of judges to apply, not alter, the work of the people's representatives,” Gorsuch said in his remarks at the White House. “A judge who likes every outcome he reaches is very likely a bad judge—stretching for results he prefers rather than those the law demands.”
Contact C. Ryan Barber at [email protected]. On Twitter: @cryanbarber
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllClimate Disputes, International Arbitration, and State Court Limitations for Global Issues
Judicial Face-Off: Navigating the Ethical and Efficient Use of AI in Legal Practice [CLE Pending]
4 minute readTrending Stories
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250