Justice Gorsuch did NOT join Kagan’s opinion. He wrote a an opinion concurring in part and concurring in the judgment.
Gorsuch joined Kagan’s liberal block in the vote. That’s all that matters. Do you think Democrats really care about his opinion? Of course not. They won.
He joined parts of the opinion, and wrote his own opinion.
The media NEVER gets reporting on case law correct. Their one line headlines can never capture the nuances in a legal holding.
Morons who only care about “winning” or “losing” and who can’t read beyond the headlines and go to primary sources are the ones who “don’t care about an opinion.”
This issue goes beyond immigration. Gorsuch’s reasoning will also strike down the proposed ATF regulations on devices that allow semi-automatics to be fired “more quickly” than originally designed.
It’s based on an original understanding of giving notice to citizens of exactly what they are to be charged with.
There is room for reasoned disagreement on how far the void for vagueness doctrine extends, and Gorsuch directly addresses the difference of opinion that he has with Justice Thomas.
However, his approach is clearly tied to and based on an original understanding of the Constitution. Just like Justice Thomas’ opinion.
Kagan’s approach is different and its based on results.
Just like the people trashing Gorsuch because they are too dumb to read beyond the ASSPRESS headline.