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Old 19 April 2018, 12:06 AM
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Default Justice Gorsuch Joins Supreme Court’s Liberals to Strike Down Deportation Law

Story here.

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The vote was 5 to 4, with Justice Neil M. Gorsuch joining the court’s four more liberal members to form a bare majority, which was a first. Justice Gorsuch wrote that the law crossed a constitutional line.

“Vague laws,” he wrote in a concurring opinion, “invite arbitrary power.”

Justice Gorsuch had voted with the court’s conservative majority in February in a different immigration case, one that ruled that people held in immigration detention, sometimes for years, are not entitled to periodic hearings to decide whether they may be released on bail.

His vote in Tuesday’s case was not entirely surprising, though, as he has a skepticism of vague laws that do not give people affected by them adequate notice of what they prohibit.
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Old 19 April 2018, 02:40 PM
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Seaboe Muffinchucker Seaboe Muffinchucker is offline
 
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Glasses

So, in other words, he's in line to piss off both the liberals and the conservatives.

While I might disagree with his beliefs, I like the way he looks at the case being decided first, before the platform his party supports.

Seaboe
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Old 19 April 2018, 04:42 PM
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Darth Credence Darth Credence is offline
 
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I don't think that he looked at the case before looking at the party line. I think he looked at the case, saw that any precedent could be used to destroy some regulations he doesn't like, and decided it was better to get that done than to screw over a particular immigrant.
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Old 20 April 2018, 12:03 AM
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Mouse

Whatever his reasons, the guy did the right thing and we should celebrate. It's a not uncommon phenomenon, people doing the right thing for the wrong reasons. Supposedly Mark Felt blew the whistle on Nixon, not because Nixon was running roughshod all over the US Constitution, but because Nixon didn't give him the job he had promised him.
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Old 20 April 2018, 12:21 AM
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Part of my mind is having an unpleasant little chortle over the fact that here's somebody else who is Not Doing What Trump Wants.

And Trump can't do anything about it.

The reason the Supremes get office for life, after all, is in the hope that, whoever they had to kowtow to in order to get there, once they get there they will make up their own minds.

(I do wish I were more confident that Gorsuch won't most of the time make up his own mind to do what I think is the Wrong Thing; even if I do think he did the right one this time. I put a tiny bit of hope in the thought that the Supremes often get more liberal over the years.)
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Old 20 April 2018, 02:14 PM
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Seaboe Muffinchucker Seaboe Muffinchucker is offline
 
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Glasses

The two justices for whom I had the least respect (at least, during the ends of their careers) were Rehnquist and Marshall. I could read a single paragraph describing the case and, without knowing details, know how each would vote. I can't think of a single instance where I guessed wrong.

To my mind, this is not thoughtful judging. The law is extremely fact dependent. You shouldn't be able to tell how it will come out based on a brief summary.

Seaboe
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