Justice Gorsuch Votes With Liberal SCOTUS Wing on Deportation Case and the Sky Does Not Fall
Supreme Court nominee Neil Gorsuch smiles during a lighter moment before answering questions on Capitol Hill in Washington, Tuesday, March 21, 2017, during his confirmation hearing before the Senate Judiciary Committee. (AP Photo/Pablo Martinez Monsivais)
Today, the US Supreme Court struck down part of the Immigration and Nationality Act, which authorizes removal of non-citizens who have been convicted of what the law calls an aggravated felony,
The petitioner in this case is not terribly sympathetic. He’s a Filipino green card holder named James Dimaya and he came to the attention of Immigration and Customs Enforcement after he drew his second conviction for burglary. The point of contention is the wording in the law, which is identical to the Armed Career Criminal Act that the Supreme Court ruled unconstitutional. That case, Johnson vs. United States, was decided in 2015 in a 8-1 decision authored by Antonin Scalia. IANAL, but as I read the opinion it seems as though the critical flaw is that the judge is not allowed to consider the facts of the particular crime of which the person was convicted but is required to consider how the crime is usually considered.
The decision was a 5-4 vote with Gorsuch joining the liberal wing of the court. This is the take the left wants you to have:
Breaking: Supreme Court invalidates part of federal law requiring mandatory deportation of immigrants convicted of some crimes. For first time, Justice Neil Gorsuch joins with more liberal Justices to produce 5-4 majority –@Arianedevogue reports
— Jim Sciutto (@jimsciutto) April 17, 2018
This is the take the hardline anti-immigration folks are taking:
we basically elected trump so that we can take a 4-4 case and have Gorsuch be the tie vote for the left in voiding deportation of criminals
— Daniel Horowitz (@RMConservative) April 17, 2018
Gorsuch is now to the left of Roberts and Kennedy on criminal aliens. Very dangerous decision grounded in a flawed philosophy
— Daniel Horowitz (@RMConservative) April 17, 2018
Gorsuch just screwed us on a major immigration case. I predicted it in oral arguments. Here is why he’s wrong https://t.co/UtZUIT5VgF
— Daniel Horowitz (@RMConservative) April 17, 2018
This is the correct take, in my opinion:
Dear SCOTUS Commentators:
If you use Gorsuch’s one vote in a criminal deportation case to write a “ha! liberals were wrong about Gorsuch piece,” you are neither familiar with Gorsuch’s record nor how this decision fits into his broader conservatism.
— Ian Millhiser (@imillhiser) April 17, 2018
I’m actually reading Gorsuch’s concurrence and find myself nodding along with him. https://t.co/IkcVT2XoW9 His basic argument is that the law, as construed, gives judges way too much discretion to act on their whims because Congress was too vague in how it wrote the law.
— Erick Erickson (@EWErickson) April 17, 2018
Never forget that Antonin Scalia was the uncompromising foe of sloppily written legislation, especially when it could be used to screw defendants. Remember, Scalia was the guy who wrote for the majority in Melendez-Diaz vs. Massachusetts where the Supreme Court said that it wasn’t sufficient to submit a lab report as evidence, the state had to make the lab tech who did the work available to testify.
This is not a sign of Gorsuch going left. It is not a sign that he’s soft on criminal aliens or illegal immigration. It is a sign that he’s hard on poorly written laws that stack the deck in the favor of the government. We should be celebrating this decision.
The case is Sessions vs. Dimaya.
The post Justice Gorsuch Votes With Liberal SCOTUS Wing on Deportation Case and the Sky Does Not Fall appeared first on RedState.
Source: https://www.redstate.com/streiff/2018/04/17/justice-gorsuch-votes-liberal-scotus-wing-deportation-case-sky-not-fall/
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