Posted on 04/18/2018 8:53:17 PM PDT by conservative98
Supreme Court Justice Neil Gorsuch is dead wrong on deporting criminal aliens and that’s bad news for President Trump’s immigration agenda, explained LevinTV host Mark Levin on his national radio show Wednesday evening.
Levin addressed the chorus of “conservative” and libertarian legal commentators who have lauded Gorsuch’s decision to join with the Supreme Court’s leftist wing on a recent immigration case. Gorsuch wrote in a concurring opinion that the law in question was too vague. Put simply, Gorsuch equated federal immigration law with criminal law and, as a result, determined that a criminal alien couldn’t be automatically deported.
Conservative Review senior editor Daniel Horowitz then joined the show to discuss his latest article about the ruling. Horowitz explained the case in detail and pointed out why, contrary to Gorsuch’s ruling, immigration law is different from criminal law when it comes to due process rights. Horowitz further outlined what this means for the GOP’s ability to address America’s illegal immigration problem.
“A lot of people defending Gorsuch aren’t paying attention to the jurisprudential velocity of what’s taking place at the lower courts,” and what this court decision will likely mean in the long run, Horowitz explained.
“This is like pouring gasoline on a burning fire,” Horowitz added, because of how open-borders groups, judges, and politicians will now be able to use the ruling to fit their agenda.
(Excerpt) Read more at conservativereview.com ...
“I vastly prefer a justice who exercises restraint in this day and age of gross federal overreach.”
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That’s a valid concern on one side. On the other side, there is “strike while the iron’s hot”, “there’s no do-over” and the fact that the lefties on the SC have no such compunction when it fits their agenda.
Always seemed clear to me Gorsuch was a pompous ass but I figured ok he’s conservative.
I realize there are two sides to this debate. Which IMO means the hotheads bashing Gorsuch are out of line.
“I realize there are two sides to this debate. Which IMO means the hotheads bashing Gorsuch are out of line.”
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Understandable, tho - it is frustrating in light of the fact it seems unlikely be solved via legislation.
IMHO, Gorsuch is a “new natural law” afficiando and as (gor)such will be all over the ballpark with situational ethics type reasoning.
Worried about him from beginning. Find another Clarence Thomas or two.
IMO, the conservative approach has to be that it has to be solved via the legislature, not the judicidary. Some of the same folks who wail about lower courts usurping executive powers are now wailing about SCOTUS not usurping legislative powers.
Gorsuch is closer to Thomas than Scalia.
Nope. This will force congress to change the law.
Nope.
Gorsuch is not just saying change the law. He is saying that deportation is now a criminal punishment that requires all forms of due process.
Somebody comes into the country illegally. They are found out, they are apprehended and they are removed. That is the original notion.
They don’t get to come into the country illegally, found out and then claim due process rights, get a lawyer and then remain in our country and go into court.
On what basis could you at this point say Gorsuch closer to Thomas than Scalia? I Disagree.
Mark says now with Gorsuch’s vote there’s going to be many more criminals in this country that would have otherwise been deported by Trump.
So we have a decision like this and we have sanctuary cities. Mark asks, is this in the best interest of the American people? It is going to be much harder to deport criminals that are here from other countries, if they can be deported at all.
Too bad this is discussed so inaccurately on FR and most quarters if it is even discussed at all. Because we need to focus on Stormy Daniels and her lawyer. Two losers.
https://www.conservativereview.com/articles/gorsuch-dead-wrong-immigration/
I want to throw out a possible way to bypass Gorsuch’s treachery.
The Immigration Act of 1965 gives wide discretion to the President for enforcing immigration law.
For instance, Obama dreamed up “Deferred Prosecution” for the DACA kids.
Why can't Trump simply write a new enforcement regulation that contains a laundry list of specific crimes that illegal aliens will be deported for?
That would not violate the intent of the “vague” language in any way.
Trump could write that tomorrow if he wanted to.
The ruling didn’t have anything to do with the merits of deportation. It has to do with the vagerious and capriciousness of the law making it a tool of oppression.
Poorly written laws become tools of oppression.
Funny how you ran off instead of answering my questions. But, then again, you were a Tommy Thompson pimp years ago. You like RINOs.
“Gorsuch is more libertarian than Scalia”
Bingo. The law is vague and Gorsuch came down on the side of the individual and against the government.
This is not a partisan issue. The deportation was ordered by Obama.
Justice Thomas wouldn't be caught dead voting with the likes of Elena Kagan and Ruth Bader Ginsburg against conservative judges like Alito. I can't think of a single 5-4 ruling where Thomas went rogue and joined all four Democrat judges to oppose the conservative justices on the court.
Think Progress isn’t too happy with Gorsuch’s decision:
“Neil Gorsuch voted with the liberal justices, but his opinion should chill you to the bone”
https://thinkprogress.org/neil-gorsuch-voted-with-the-liberal-justices-ca1cc1e2fae0/
I think that says far more about you than it does about Scalia. Regardless of people's partisan beliefs, there is almost universal consensus that Scalia was one of the most reliable conservatives on the court in decades. He was probably Reagan's best pick, and given that we're talking about Reagan, that says a lot. Reagan managed to pick a successor to Rehnquist that was even more conservative than Rehnquist.
If you're a Gorsuch fanboy, probably Sandra Day O'Connor was more your kinda "ideal" SCOTUS judge.
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