by Joel B. Pollak17 Apr 2018
Conservatives can be expected to disagree reasonably over Justice Neil Gorsuch’s opinion Tuesday in Sessions v. Dimaya, in which he concurred with the Court’s liberals and cast the deciding vote in a 5-4 ruling invalidating an immigrant’s deportation.
But it is not reasonable to claim that Justice Gorsuch has somehow sold out his principles to become the next David Souter. His opinion in Dimaya is actually a conservative one, based on an originalist reading of the Constitution.
The majority held that Section 16(b) of the Immigration and Nationality Act is unconstitutionally vague. The law, as written, provides a legal basis for the deportation of a legal immigrant who is convicted of “crime of violence,†defined as “any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.â€
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http://www.breitbart.com/big-government/2018/04/17/pollak-gorsuchs-ruling-immigration-case-solid-conservative-originalism/
