In gorsuch, trump gave democrats a gift. they should take it. – the washington post

Protesters gathered on the steps of the Supreme Court late on Jan. Passing drills for volleyball 31, to voice their disapproval of President Trump’s Supreme Court nominee Neil Gorsuch. Basketball olympics 2012 (Video: Reuters / Photo: Getty)

Katyal’s passage above also references the Chevron deference, a doctrine under which the courts defer to regulatory agencies’ interpretations of law unless those interpretations are unreasonable. Landscaping ideas around patio Gorsuch has been critical of the doctrine.

Bwp bats As a libertarian, I think that’s generally a good thing. Ameristar fence The deference is premised on the notion that the executive is more subject to democratic checks — if we don’t like the policies of one president, we can vote in a new one. Diy patio furniture But the non-political positions within regulatory agencies can still wield a lot of power, and the courts ought to serve as a check on them. Design garden Progressives who might be troubled by Gorsuch’s skepticism of deference to regulatory agencies should keep in mind that we’re now in the Trump era. Front yard landscaping plans Not only will Trump be staffing those agencies and setting policy for them, but also he’s more likely than any recent president to staff them with appointees with little respect for previous norms. Drip coffee vs espresso Recall that during the transition, Trump’s team rather forebodingly asked agencies for lists of careerists who work on hot-button issues, such as climate change. Indoor batting cages Moreover, while progressives may be worried by what Gorsuch’s skepticism of the Chevron deference means for the Environmental Protection Agency or the Food and Drug Administration, his record shows that of a judge willing to apply it to an agency like the Department of Homeland Security. Landscape design software free online Again, that’s important right now.

In this [ United States v. Facebook logo vector Nichols], in a dissent from the full 10th Circuit’s refusal to rehear a three-judge ruling with which he disagreed, Gorsuch strongly objected to how much regulatory power a federal statute — the Sex Offender Registration and Notification Act (SORNA) — gave to the Justice Department to apply its rules to those guilty of sex crimes predating the act’s enactment.

In his words, “the framers of the Constitution thought the compartmentalization of legislative power not just a tool of good government or necessary to protect the authority of Congress from encroachment by the Executive but essential to the preservation of the people’s liberty …”

On the Fourth Amendment, Gorsuch’s record is also encouraging, particularly for a nominee from a president with Trump’s blustery law-and-order rhetoric. Football games download for android Despite his reputation, Scalia was often very good on the Fourth Amendment. Backyard baseball 2003 Gorsuch’s limited record at least suggests that he’d continue in that vein. Garden flowers names In United States v. Landscape forms bike racks Carlos, he wrote a dissent to a majority opinion holding that police did not violate a suspect’s Fourth Amendment rights by approaching and knocking on his door despite several “No Trespassing” signs prominently posted on the property. Reason’s Damon Root writes of Gorsuch’s opinions in these instances:

Gorsuch demonstrated admirable and reassuring judgment in these cases. Natural fabrics list Not only did he cast a principled vote against overreaching law enforcement, he cast a principled vote against the overreaching executive branch. Stardock fences serial number It’s not difficult to imagine Gorsuch imposing the same severe judicial scrutiny against the misdeeds of the Trump administration.

In United States v. Landscape photographers Ackerman, Gorsuch argued that when the National Center for Missing & Exploited Children searched a man’s laptop, it was acting as a government agent. Baseball teams near me Even though the search turned up child pornography, Gorsuch found the search unconstitutional.

Gorsuch is perhaps most known for his decision in the Hobby Lobby case, in which he wrote a strong opinion denouncing the birth-control mandate in the Affordable Care Act. Tee ball Whether you think that’s a plus or a minus obviously depends on whether you prioritize reproductive rights or religious freedom. Frances bean cobain singing But even if you’re bothered by his opinion in that case, Gorsuch’s championing of religious freedom does at least seem to be careful and principled, and not partisan toward Christianity. Garden state parkway exits In Yellowbear v. Pitch diameter formula Lampert, a majority of his fellow appeals court judges ruled that a federal statute required the state of Wyoming to grant a Native American prisoner access to a sweat lodge on prison grounds. Fantasy basketball sleepers 2015 Gorsuch went farther, arguing that even prisoners still retain a right to practice their religion.

Gorsuch is a critic of “overcriminalization,” or the massive and growing federal criminal and regulatory codes. How to build a deck frame I think that’s a good thing. Slow pitch softball The Volokh Conspiracy’s Ilya Somin points out that he has history of ruling that criminal laws should be read narrowly, with ambiguities resolved in favor of defendants. Baseball scores standings That, too, is a good thing.

I was also struck by Gorsuch’s acceptance speech. Georgia softball pitcher It was noticeably un-Trumpian. Facebook app id He was humble, reverent of institutions and deferential to the office for which he had just been nominated. Facebook login welcome Unlike the man who nominated him, he came off as someone devoted to the law, not someone who believes he is above it.

The Bad: Gorsuch wrote an entire book laying out the case against assisted suicide, so it seems pretty certain where he’ll be should any such cases come before the court. Fances The court has already upheld a state law allowing for assisted suicide in Gonzalez v. University of arizona softball roster Oregon, but as Somin points out, Gorsuch doesn’t seem to be all that committed to federalism. Football (Despite his reputation, neither was the man he’d be replacing.)

Given that the book is argued from a pro-life perspective, it seems likely that Gorsuch would affirm Trump’s explicit and unprecedented promise to conservatives that he’ll nominate only antiabortion judges. Watch college baseball online free Gorsuch’s record on actual abortion cases is thin, but we can probably presume that he’d vote with Clarence Thomas, Samuel Alito and John Roberts. Baseball team names That would keep the court unchanged on abortion rights.

Somin also points out that Gorsuch is skeptical of judicial review. Cultural landscape Despite his support for judicial scrutiny of regulatory policy, Gorsuch has argued that judges should strike down actual laws only in extraordinary circumstances. Retaining wall design guide Like Somin, I find that troubling. Orbit sprinkler timer troubleshooting As Congress increasingly passes laws in ways that keep the public as ignorant as possible about what those laws actually do, judicial review is more important than ever.

Gorsuch also has generally favored granting qualified immunity to police officers when they’re sued for alleged constitutional violations. Landscaping tools names Here, he’s no different from most other federal judges, and he has at least on occasion strayed, such as when he strongly argued against affording qualified immunity to a police officer who cuffed and arrested a 13-year-old for burping in class. Fantasy baseball mock draft espn But we need more judicial accountability for abusive cops, not less.

Over at the Marshall Project, Andrew Cohen notes that Gorsuch hasn’t been kind to inmates seeking relief in death penalty cases, either. Yankee stadium capacity Federal law has made post-conviction appeals in death penalty cases next to impossible, so perhaps it’s of little surprise that a textualist such as Gorsuch wouldn’t find much room for defendants here. Spring training locations As Eric Citron writes at SCOTUSblog, here in particular, Gorsuch wouldn’t be much of a departure from Scalia at all: “It is clear that Gorsuch’s position in death penalty cases is likely to be quite close to Scalia’s, and very unlikely to make the court any more solicitous of the claims of capital defendants.”

At the Michigan Law Review, Leah Litman looks at a Gorsuch opinion in a somewhat complicatedsentencing case and concludes that it raises some troubling concerns about his preference for procedure over substantive rights, a theme we explore often here at The Watch. Sprinkler supply company And at BuzzFeed, Chris McDaniel notes that Gorsuch joined an opinion that rather callously characterized the horrifyingly botched execution of Clayton Lockett as “an innocent misadventure.” (We now know that when it comes to execution protocols, Oklahoma officials’ efforts to conceal and deceive have been far more gratuitous than mere “misadventures.”) (ADDENDUM: As Ken at the Popehat blog writes, this was perhaps overblown. Hit by pitch The language in question came from prior cases.)

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