Published: Sun, March 19, 2017
U.S. | By Jeffery Vega

What A Supreme Court Justice Gorsuch Could Mean For Illinois

What A Supreme Court Justice Gorsuch Could Mean For Illinois

A total of 21 LGBT groups who oppose the confirmation of U.S. Circuit Judge Neil Gorsuch to the U.S. Supreme Court are calling for rigorous questions for the nominee during his confirmation hearing.

"He follows the law", said Merrill Davidoff, the landowners' attorney. Had the decision gone the other way, Mr. Gutierrez-Brizuela would have been promptly deported, he said.

The groups take issue with Gorsuch's writings, including a book he penned on assisted suicide, which they argue reveal an "open hostility" to the idea of constitutionally protected fundamental rights beyond what is explicitly mentioned in the Bill of Rights.

But as lawmakers scrutinize Judge Gorsuch's decade-long tenure on a federal appeals court for clues about how he might rule on hot-button issues such as abortion and gun control, his record shows that on immigration rights, he can't be easily categorized.

Gorsuch's opinion in Gutierrez-Brizuela points out that this result essentially inverts the conventional view of the separation of powers, under which Congress sets national policy through statutes, the courts interpret those statutes to "say what the law is", and the executive branch carries the law into execution, rather than revising it from one administration to the next according to its policy whims. Judge Neil Gorsuch's confirmation hearing begins on March 20th and both sides of the political aisle are prepping for a battle that has been almost 14 months in the making. Scalia died suddenly in January 2016, but Senate Republicans blocked the confirmation hearings of President Barack Obama's appointee, Judge Merrick Garland for months until they eked out a surprise White House victory in the November 2016 election. "I don't see that". "Judge Gorsuch would want to get rid of that standard and basically allow judges to substitute their own judgment for the judgment of the agency experts".

But the Supreme Court's decisions have been mixed.

Whitehouse is regarded as the best questioner among Judiciary Committee Democrats, but even he found his time spent on other issues. Both immigrants had sought residency under regulations that wouldn't disqualify them for past missteps, but their applications wound up being retroactively reviewed under a stricter policy that required them to first serve a 10-year waiting period outside the U.S. "Whether he will be a truly independent judge, whether he will apply the law fairly to all".

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The Chevron decision is perhaps the most cited case in American law.

In the case of Mr. Gutierrez-Brizuela and others in his shoes, the agency was the Board of Immigration Appeals, operating under the USA attorney general. Or will they use the only power they have left, a filibuster, to block Gorsuch?

Perhaps no Gorsuch opinion sticks in the craw of liberals more than the so-called frozen trucker case. "And in this case the law favored the plaintiffs - the landowners - not the government or the government contractors". Gorsuch is from Colorado and has worked as a judge on the Tenth Circuit since he was confirmed in 2006.

It is one of the ways in which he is more conservative than the justice he has been nominated to succeed, the late Antonin Scalia. They may very well end up doing that.

In another case, which reached his court in 2015, he showed frustration at the pace of an environmental case.

"Neil Gorsuch is being chosen not because he's a Republican Party hack". He unsuccessfully pushed for a rehearing, saying the appeals court should have respected a trial judge's conclusion that the governor was acting with a legitimate motive.

Republican Senators managed to hold a Supreme Court seat vacant for over a year, but now they are ready to get down to business. There are now 52 Republicans and 48 Democrats (including two independents who caucus with them).

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