Trey Childress quoted in “Reading the Tea Leaves in Gorsuch’s First Dissent” — Law 360

August 8, 2017 | By Kylie Larkin — Professor Donald Earl (Trey) Childress was recently quoted in the Law 360 article, “Reading the Tea Leaves in Gorsuch’s First Dissent.”  The article considers Supreme Court Justice Neil Gorsuch’s dissent in Perry v. Merit Systems Protection Board, and how it will set the tone of how the Justice will be perceived.

Excerpt via Law 360:

Childress predicts that Justice Gorsuch will likely be comfortable writing separately from his peers given how active he was in the court’s oral arguments in April and his decision not to join the cert pool, which suggests a certain independence. Instead of joining the cert pool with most of the other justices, Justice Gorsuch has decided have his clerks review each petition on their own.

“It will be interesting going forward, whether or not he will sort of adopt the Thomas approach, where he’s willing to take a position and advocate for it even if he is a lone dissenter,” Childress said, “or whether his approach will be more moderate, like someone like Chief Justice Roberts, where he is inclined to not sort of rock the boat, if you will, unless he absolutely has to do it.”

The complete article may be found at