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New Scalia Rising? Supreme Court Justice Neil Gorsuch warns judicial activists he's coming for them
American Thinker ^ | 01/28/2020 | Monica Showalter

Posted on 01/28/2020 7:44:31 AM PST by SeekAndFind

Is the era of Big Judicial Activism over?

It might just be. Supreme Court Justic Neil Gorsuch, in a ruling about denying green cards to migrants who come here to be "public charges," something that's plainly laid out in U.S. law as illegal, threw in a special warning to activist judges, all leftists, who have been beavering away to rule from the bench, warning them that he's tired of their shenanigans. It's a specter to behold - a big lion on the Supreme Court who not only cares about rule of law, but is now warning the leftists out there that he's coming for them.

Here's PJMedia's report:

In addition to the 5-4 decision allowing the rule to go into effect, Supreme Court Justice Neil Gorsuch issued a concurring opinion rebuking activist judges and their rush to apply "nationwide injunctions" against Trump administration policies.

"Today the Court (rightly) grants a stay, allowing the government to pursue (for now) its policy everywhere save Illinois. But, in light of all that’s come before, it would be delusional to think that one stay today suffices to remedy the problem. The real problem here is the increasingly common practice of trial courts ordering relief that transcends the cases before them. Whether framed as injunctions of 'nationwide,' 'universal,' or 'cosmic' scope, these orders share the same basic flaw—they direct how the defendant must act toward persons who are not parties to the case," Gorsuch wrote. These details from the Wall Street Journal are important, too:

His concurrence, joined by Justice Clarence Thomas, is a much-needed rebuke to what he calls “the increasingly common practice of trial courts ordering relief that transcends the cases before them. Whether framed as injunctions of ‘nationwide,’ ‘universal,’ or ‘cosmic’ scope, these orders share the same basic flaw

(Excerpt) Read more at americanthinker.com ...


TOPICS: Constitution/Conservatism; Front Page News; Government; News/Current Events; Politics/Elections
KEYWORDS: clarencethomas; judiciary; justicegorsuch; neilgorsuch; politicaljudiciary; scalia; scotus; supremecourt; winning
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1 posted on 01/28/2020 7:44:31 AM PST by SeekAndFind
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To: SeekAndFind

Bump!


2 posted on 01/28/2020 7:47:18 AM PST by Jim Robinson (Resistance to tyrants is obedience to God!)
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To: SeekAndFind

Is the era of Big Judicial Activism over?
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Not until John Roberts is replaced as Chief Justice.


3 posted on 01/28/2020 7:47:45 AM PST by Lurkinanloomin (Natural Born Citizens Are Born Here of Citizen Parents_Know Islam, No Peace-No Islam, Know Peace)
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To: SeekAndFind

Should have cut off that crap the first time it happened...not just talk about it.


4 posted on 01/28/2020 7:48:02 AM PST by Bonemaker (invictus maneo)
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To: Lurkinanloomin

“His concurrence, joined by Justice Clarence Thomas..”

What about the other 3 “conservatives”?


5 posted on 01/28/2020 7:49:33 AM PST by Bonemaker (invictus maneo)
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To: Bonemaker

Alito is the only other conservative.


6 posted on 01/28/2020 7:51:00 AM PST by Lurkinanloomin (Natural Born Citizens Are Born Here of Citizen Parents_Know Islam, No Peace-No Islam, Know Peace)
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To: SeekAndFind
It forces them to stay in their lane or else endure the disgrace of seeing their stupid rulings overruled. It snaps the judges back to their role and curbs the vast unelected administrative state that Brought Trump.

One can hope.

7 posted on 01/28/2020 7:52:17 AM PST by 1Old Pro
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To: SeekAndFind

Note to Justice Gorsuch:

Don’t let anyone convince you to go to a deserted area fishing lodge where someone can smother you in bed with a pillow at 3 a.m. with your arms held over your head.
Family—who had no right to rule this—wouldn’t allow the autopsy or further investigation of Scalia’s death. Feeling great, smiling and telling the other fishing guys “See you in the morning.” In the morning it was Obama who was feeling great. “The opening for a new Supreme Court nominee came at just the right time.”-Obama soon after.


8 posted on 01/28/2020 7:52:32 AM PST by frank ballenger (End vote harvesting,non-citizen voting & leftist media news censorship or we are finished.)
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To: SeekAndFind
If we want to put an end to nationwide injunctions in Federal courts, the best method to do this is have conservative judges start issuing them.

A perfect scenario would be a Federal judge issuing a nationwide injunction against enforcing any "red flag" laws without due process that includes a jury trial.

9 posted on 01/28/2020 7:57:26 AM PST by Alberta's Child ("In the time of chimpanzees I was a monkey.")
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To: SeekAndFind

The SCOTUS should, on an expedited basis, be open to granting “STAYS” immediately when a Circuit Judge foists these overreaching rulings impacting the Nation.


10 posted on 01/28/2020 8:01:04 AM PST by LeonardFMason (Lou Dobbs)
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To: SeekAndFind

‘The real problem here is the increasingly common practice of trial courts ordering relief that transcends the cases before them. Whether framed as injunctions of ‘nationwide,’ ‘universal,’ or ‘cosmic’ scope, these orders share the same basic flaw—they direct how the defendant must act toward persons who are not parties to the case,” Gorsuch wrote.’

Outstanding!

I can’t help but recall how some FReepers were getting their knickers in a bunch because Gorsuch attended a ‘gay-friendly’ church (cf. http://www.freerepublic.com/focus/f-news/3538304/posts).


11 posted on 01/28/2020 8:05:35 AM PST by NobleFree ("law is often but the tyrant's will, and always so when it violates the right of an individual")
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To: SeekAndFind

it would be sweet, sweet revenge for Podesta’s murder of Scalia if this comes to pass


12 posted on 01/28/2020 8:07:01 AM PST by thoughtomator (... this has made a lot of people very angry and been widely regarded as a bad move.)
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To: SeekAndFind

I just hope that President Trump picks similar conservatives when he fills Ginsburg’s and Breyer’s seats during his second term.

If they were to live so long, Ginsburg will be 91 at the end of President Trump’s second term and Breyer will be 86.


13 posted on 01/28/2020 8:07:50 AM PST by Bubba_Leroy (The Obamanation has ended!)
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To: SeekAndFind

“Is the era of Big Judicial Activism over? It might just be.”

Given that this was a 5-4 ruling I would say ... no, it is not over ... not by a long shot.


14 posted on 01/28/2020 8:12:22 AM PST by plain talk
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To: SeekAndFind

The statement won’t stop anything. They’ll still use the same game over and over, knowing that the Supreme Court simply can’t hear the appeals and overrule their injunctions fast enough.

The only solutions are for Congress to impeach any judge who tries this, or for the President to order the government to simply ignore these overreaching injunctions.


15 posted on 01/28/2020 8:12:36 AM PST by Boogieman
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To: Alberta's Child
If we want to put an end to nationwide injunctions in Federal courts, the best method to do this is have conservative judges start issuing them.

Someday there will be another democrat President. I know it is horrible to consider, but it is true.

When that day comes, conservative activists must immediately start getting nationwide injunctions from Trump appointed district judges in Texas, Oklahoma and Wyoming blocking every single policy change that the democrat President tries to enact. On that day, nationwide injunctions by partisan district judges will suddenly be decried by the lamestream media as a bad thing, a very, very bad thing.

A new meme will be born. Orange Courts Bad!

16 posted on 01/28/2020 8:16:09 AM PST by Bubba_Leroy (The Obamanation has ended!)
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To: SeekAndFind

The next order on the agenda should be for DJT to alert CJ Roberts he knows what obama and the democrats are blackmailing him with. Trump should tell Roberts to resign because he compromised.


17 posted on 01/28/2020 8:21:58 AM PST by Sgt_Schultze (When your business model depends on slave labor, you're always going to need more slaves)
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To: Boogieman

You are right. Republicans should have impeached 20 or so judges early on. The rest would have received the message. There should be a standing philosophy that a federal judge whose rulings are reversed on appeal three times will be impeached for incompetence.


18 posted on 01/28/2020 8:25:01 AM PST by Sgt_Schultze (When your business model depends on slave labor, you're always going to need more slaves)
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To: SeekAndFind

Bravo!


19 posted on 01/28/2020 8:26:17 AM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
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To: plain talk

Given that this was a 5-4 ruling I would say ... no, it is not over ... not by a long shot.


Yep. Four more to go.


20 posted on 01/28/2020 8:30:51 AM PST by Loud Mime ("Now, go and do your duty before darkness covers the earth." Michael Uhlmann (1939 - 2019))
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