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Thumbs Up to a Justice Gorsuch

Tonight, President Trump nominated Judge Gorsuch to the United States Supreme Court. I'll give credit where credit is due: I didn't think President Trump would nominate someone that I liked, but he surprised me. From what I've read, I'll like Justice Gorsuch quite a bit.

I'm basing my opinion on SCOTUSblog's potential nominee profile. First of all, Judge Gorsuch is definitely qualified.

Neil Gorsuch was appointed to the United States Court of Appeals for the 10th Circuit by President George W. Bush on May 10, 2006, and confirmed shortly thereafter. Both his pre-judicial resumé and his body of work as a judge make him a natural fit for an appointment to the Supreme Court by a Republican president. He is relatively young (turning 50 this year), and his background is filled with sterling legal and academic credentials. He was a Marshall Scholar at the University of Oxford, graduated from Harvard Law School, clerked for prominent conservative judges (Judge David Sentelle of the U.S. Court of Appeals for the District of Columbia Circuit, as well as Justices Byron White and Anthony Kennedy of the Supreme Court), and was a high-ranking official in the Bush Justice Department before his judicial appointment.

And he has the potential to live up to Justice Scalia's legacy. Given that Justice Scalia was my second favorite Supreme Court Justice, this is no small thing.

He is celebrated as a keen legal thinker and a particularly incisive legal writer, with a flair that matches — or at least evokes — that of the justice whose seat he would be nominated to fill. In fact, one study has identified him as the most natural successor to Justice Antonin Scalia on the Trump shortlist, both in terms of his judicial style and his substantive approach.

With perhaps one notable area of disagreement, Judge Gorsuch’s prominent decisions bear the comparison out. For one thing, the great compliment that Gorsuch’s legal writing is in a class with Scalia’s is deserved: Gorsuch’s opinions are exceptionally clear and routinely entertaining; he is an unusual pleasure to read, and it is always plain exactly what he thinks and why. Like Scalia, Gorsuch also seems to have a set of judicial/ideological commitments apart from his personal policy preferences that drive his decision-making. He is an ardent textualist (like Scalia); he believes criminal laws should be clear and interpreted in favor of defendants even if that hurts government prosecutions (like Scalia); he is skeptical of efforts to purge religious expression from public spaces (like Scalia); he is highly dubious of legislative history (like Scalia); and he is less than enamored of the dormant commerce clause (like Scalia).

​It's especially refreshing to see that Judge Gorsuch shares Justice Scalia's disdain for vague and overly broad criminal statutes. A Justice should be skeptical of the government's position and should demand that criminal law be unambiguous and clearly defined. My biggest complaint with Judge Merrick Garland was that his record showed too much deference to the government. I'll be very happy indeed if a Justice Gorsuch is Scalia's heir on criminal law.

The Reporters Who Cried "Trump" →

Glenn Reynolds:

SO THIS ISN’T EXACTLY A CLIMBDOWN, but I’m rethinking my position that a good argument for having Trump as President is that if he gets out of line, the press and the Deep State will go after him and bring him under control.

There are two reasons for that. First, the press and the Deep State are already going after him, before he’s even had a chance to get out of line. And second, I mean, holy crap, could they be any sorrier at doing so? I mean, “Peegate?” Really? What the hell?

This is good news for Trump, sort of, but overall it’s really bad news, since it means that both journalism and the intelligence community are both more politicized, and less competent, than even I thought. Sweet Jesus, these people are terrible.

I agree. If the media hyper reacts to President Trump every single week of the next 4 years, we're going to stop talking about "the boy who cried wolf" and starting talking about "the reporter who cried Trump". And guarantee Trump's reelection. Trump was already elected once by a perception that the media takes sides. They shouldn't be trying to confirm that perception with every story they write.

This entry was tagged. Donald Trump News

Election Thoughts

Bad News

  • Trump won the Presidential election.
    • We had a choice between Nixon and Smoot-Agnew for the Presidency. We elected Smoot-Agnew. This is not likely to end well.
    • As President-elect, Trump is now the head of the Republican Party. The Republican Party is now anti-free trade and anti-immigration.
    • I am no longer a Republican.
    • Conservatives have spent the past year creating an imaginary version of Donald Trump. This imaginary person is a savvy businessman and a strong leader who will rely on the wisdom of others as he governs. They'll now have four years to learn the truth. I wish them joy of it.
    • Searching for a silver lining: maybe Trump will accidentally nominate an engaged jurist for the Supreme Court.
    • Who honestly thought that Florida, North Carolina, Pennsylvania, Ohio, Michigan, and Wisconsin would all go for Trump? I'm gob smacked. Wisconsin in particular is a surprise. I thought that people in this state were too fundamentally nice to stomach Trump's brand of meanness.

Good News

  • The Senate stays in Republican hands. This was the outcome I was hoping for.
    • I hoped the Senate would stay Republican, to block the worst of President Clinton's Supreme Court picks.
    • Given that Senators are less populist, I'm hoping the Senate will block the worst of President Trump's policies.
  • Maine is adopting ranked choice voting for federal and state elections. This will be an interesting experiment to watch.
  • Marijuana was legalized in four more states and medical marijuana was legalized in four. Thirty-six states have now legalized marijuana in some form: 8 have legalized recreational marijuana and 28 have legalized medical marijuana.