Author Topic: Is Gorsuch a secret liberal? Trump, GOP have reason to wonder.  (Read 861 times)

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Offline mystery-ak

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Is Gorsuch a secret liberal? Trump, GOP have reason to wonder.
« on: February 09, 2017, 04:05:42 pm »
Is Gorsuch a secret liberal? Trump, GOP have reason to wonder.
By Joel D. Joseph, opinion contributor - 02/08/17 05:20 PM EST

Justice Harold Burton recalled from a 1957 meeting with President Eisenhower that the president said his two biggest mistakes were sitting on the Supreme Court: Justices Earl Warren and William Brennan. Both were Republicans.

Warren was the governor of California who participated in the detention of Japanese Americans during World War II.  Brennan was appointed to New Jersey Supreme Court by Republican Governor Alfred Driscoll. Brennan was not a liberal on New Jersey’s highest court. 

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http://thehill.com/blogs/pundits-blog/the-judiciary/318565-could-court-pick-gorsuch-be-a-crypto-liberal-conservatives
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geronl

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Re: Is Gorsuch a secret liberal? Trump, GOP have reason to wonder.
« Reply #1 on: February 09, 2017, 04:21:05 pm »
The one case they cite as him not "sounding very conservative" was with him dissenting. He was saying the school employees are NOT immune from lawsuits for strip-searching a child.

The author is an idiot, that was a very conservative position!


His support for the Colorado clean-energy program is troubling.


Offline Maj. Bill Martin

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Re: Is Gorsuch a secret liberal? Trump, GOP have reason to wonder.
« Reply #2 on: February 09, 2017, 04:33:57 pm »
The Colorado clean energy law was a bad law.  But that didn't make it unconstitutional.

Offline r9etb

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Re: Is Gorsuch a secret liberal? Trump, GOP have reason to wonder.
« Reply #3 on: February 09, 2017, 04:44:42 pm »
The Colorado clean energy law was a bad law.  But that didn't make it unconstitutional.

Subtle but very important distinction.

Offline Maj. Bill Martin

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Re: Is Gorsuch a secret liberal? Trump, GOP have reason to wonder.
« Reply #4 on: February 09, 2017, 04:50:09 pm »
Subtle but very important distinction.

incredibly important.  I read that Colorado decision.  What is interesting about it is exactly how Gorsuch reaches his conclusions -- he's almost machine-like in terms of analytical discipline.  He truly starts from the top, applies his analysis, and sees where it ends up.  He doesn't start by having a desired result, and figuring out how to get there.   By the end of the opinion, he'd run though each of the possible reasons to strike down the law, and concluded none were legally valid.  So, he upheld.

That does present the possibility that in terms of legislation, he is almost equally likely to come out result-wise on the left as on the right.  But generally, and particularly in terms of constitutional and administrative law, a more strict, textual-based reading is going to lead to a "conservative" result the vast majority of the time.

Offline TomSea

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Re: Is Gorsuch a secret liberal? Trump, GOP have reason to wonder.
« Reply #5 on: February 09, 2017, 04:53:47 pm »
Republican picked judges helped pass Roe v. Wade. That is a bitter pill.

Maybe the GOP should try to pick Fundamentalist/Evangelical types, we already have other faiths on the bench.

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Re: Is Gorsuch a secret liberal? Trump, GOP have reason to wonder.
« Reply #6 on: February 09, 2017, 04:58:07 pm »
Republican picked judges helped pass Roe v. Wade. That is a bitter pill.

Maybe the GOP should try to pick Fundamentalist/Evangelical types, we already have other faiths on the bench.

I just spit up my diet coke.....   :laugh:
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Offline endicom

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Re: Is Gorsuch a secret liberal? Trump, GOP have reason to wonder.
« Reply #7 on: February 09, 2017, 08:01:37 pm »
Republican picked judges helped pass Roe v. Wade. That is a bitter pill.

Maybe the GOP should try to pick Fundamentalist/Evangelical types, we already have other faiths on the bench.


All Catholic or Jewish. I wouldn't be surprised if that was a selection factor.

Offline EasyAce

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Re: Is Gorsuch a secret liberal? Trump, GOP have reason to wonder.
« Reply #8 on: February 09, 2017, 09:13:48 pm »
Maybe the GOP should try to pick Fundamentalist/Evangelical types, we already have other faiths on the bench.

I'd rather pick the types who will construe the Constitution reasonably and remember---as Gorsuch appears to remember---
that the judicial branch of government is not intended to be a mere rubber stamp for the executive or the legislative branches,
any more than Congress is intended to be a mere rubber stamp for an overreaching executive, any more than the executive
is intended to be the national boss.

If they do that, I wouldn't and we shouldn't care which religion they do or don't practise. (One might care to remember the
Constitution's admonition in Article VI, Section 3: The Senators and Representatives before mentioned, and the Members
of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States,
shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification
to any Office or public Trust under the United States.
)

It's also not unreasonable to suggest that---as part of the oath of office to which they all swear upon assuming office---it is the
job of every one of them in the legislative and executive branches to vet the laws they make or sign and to reject them if such
laws fail Constitutional muster. As @Maj. Bill Martin noted, bad law is not necessarily unconstitutional law, assuming
the law in question is merely a law someone dislikes (Is there much law to dislike? Hey, ask me a tough one) but not necessarily
a law that tramples anyone's rights.


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