September 27, 2020

Neil Gorsuch has become the Supreme Court’s most unpredictable Justice

There’s something going on at the Supreme Court. No, it’s not the news that Ruth Bader Ginsberg has been hospitalized, or that John Roberts has become the new swing vote, although both developments are important.

But there’s another change that’s caught observers off-guard. Neil Gorsuch has become the court’s new wildcard.

Trump’s first appointee to the Supreme Court is making waves with his unpredictable decisions. He’s joined the liberal justices on several cases recently. For conservatives, that may trigger a sense of dismal deja vu, as visions of David Souter, Sandra Day O’Connor, Anthony Kennedy and John Roberts haunt our memories.

But Gorsuch is different. He’s not going soft – he just doesn’t see himself as a political figure. For him, the Supreme Court isn’t a legislature that votes liberal and conservative.

Instead, he’s following the text of the constitution, evaluating whether a law holds up to constitutional scrutiny, not whether it’s liberal or conservative. That’s what a judge should do.

A somewhat perplexed Slate Magazine noted:

…it can seem as if the justice simply courts chaos, a trait that does not fall along the usual ideological spectrum.

Anarchy, however, is not Gorsuch’s guiding principle. Or at least, it’s not the only one. Instead, the justice has followed the theories of textualism and originalism to new extremes. (Textualism means looking primarily at a statute’s plain text; originalism means looking at the Constitution’s original meaning.)

Here’s why that’s good news. While Chief Justice John Roberts has been nothing but timid when it comes to big decisions, Gorsuch doesn’t do political calculus.

Slate notes that Gorsuch and his generation of conservative judges “argued that decisions like Roe were wrong not because they intruded upon the democratic process, but because they strayed from the text and original meaning of the Constitution. To right the ship, judges should strive not for minimalism, but for absolute fidelity to the law, wherever it takes them. This approach empowered conservative judges to issue right-wing decisions just as sweeping and disruptive as any of Earl Warren’s.”

To overturn Roe, we need justices that are willing to do “sweeping and disruptive” things if the Constitution requires it.

I’ll take a Gorsuch over a Roberts any day.

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43 Responses

    1. Unfortunately, the Supreme Court has lost its way, they are to uphold the laws of the Constitution of the United States. They are not to interpret laws according to their belief, or make new additions to current laws to fit their agendas.

  1. We need true conservatives on the supreme court. People who have Christian morals and are led by Biblical principles.

  2. We need More Men,and Women with the Same frame of mind. The Constitution IS WHAT MATTERS!

  3. We need judges like Gorsuch, who interprets the constitution as written and meant to be interpreted.

  4. the pussification of america must end now. rhinos belong in the jungle,not the scotus. GOYA RULES, WE MUST COLLECTIVELY SUPPORT COMPANIES AND ORGANIZATIONS THAT SHARE OUR TRADITIONAL CONSERVATIVE VALUES. YOU CAVE, WE NO LONGER SUPPORT YOU. PERIOD. NO KNEELING, NO APOLOGIZING, NO LEFTIST CHANGE PC BS . STICK TO OUR GUNS. VOTE ALL DEMONRATS OUT OF OFFICE SAVE AMERICA FROM LAWLESSNESS AND COMMUNISM. NO DEMENTIA ( WHERE AM I???) JOE.

  5. It appear all conservatives are interested in is overturning Roe vs. Wade – not with any true interpretation of the constitution. They get their conservative justice and still aren’t satisfied, because, in your own words “he just doesn’t see himself as a political figure. For him, the Supreme Court isn’t a legislature that votes liberal and conservative.

    Instead, he’s following the text of the constitution, evaluating whether a law holds up to constitutional scrutiny, not whether it’s liberal or conservative. THAT’S WHAT A JUDGE SHOULD DO.”

    You don’t want a judge, you want a lackey, who does your bidding!

  6. Any Judge must follow what the constitution is. If not, remove them at once because their duty based on the constitution to work even Congressman or Congresswomen too. If any one does against the constitution rules need to remove or execute them

  7. America’s Constitution was written in a more simple time. That said it is what we ASK our Supreme Court Justices to rule on. Having one that actually DOES that is wonderful! As long as the ‘manipulation factor’ does not creap in Justice Gorsuch should be honored for doing his job correctly. Would be VERY nice if the rest of them would provide Constitutional law opinions instead of personal or PARTY line decisions.

    As for the Bible, America is a religious freedom country. The Bible is a good code of conduct for many of us but not the only religion on this planet. If ALL religions were free of the pursuit of power we might find that we can all live together quite peacefully.

    We need Term Limits for all the elected officials and we need ways to hold them accountable for their actions. Unions, especially those that shield their ineffective or inadequate members from censure or removal are costing our entire society dearly right now. I.e. Police that should be helped or moved to jobs more suited to their beliefs and school teachers that are Truly interested in education and not indoctrination. We have things to solve as a country and we need people that are willing to work.
    So Trump 2020 and give him a chance to right the ship! There are young people with American Ideals out there and we need them to step forward and combat the systems being suggested that have NEVER benefitted their populace. Communism etc. Ayn Rand was correct back in the 1940’s. Thank you for your strength President Trump!

  8. The laws of nature assert necessarily inherent rights to individual human beings. The United States Constitution asserts specifically the rights to life, liberty, and the pursuit of happiness. Those rights are EQUAL to every individual, NOT of one over another ! This nation was founded on that very principle, as many people were escaping the tyrannies imposed upon them by dictators, including monarchs, and other “elitists.” Those people who are attempting to destroy this nation’s founding principles are pushing this nation BACKWARD toward having the population returned to the status of being ruled unrightfully, after suffering the anarchy which emboldens strong enemies to then easily run over and defeat and CAPTURE us, after which they would make ALL OF US BECOME THEIR SLAVES !!!!! Justices on the Supreme Court of the United States should be working to PRESERVE this nation, which can only be done by preserving the very wise principles upon which America was founded !!!!! “Those who FAIL to learn the lessons of history, are DOOMED TO REPEAT THEM !!!!!”

  9. Yes I agree. You just don’t know what Roberts thinking or not thinking. I guess it’s whatever moon he’s in that day. As a Supreme Court Justice you are to follow the constitution to the tee. No if’s ands, but’s about it. If you can’t rule in line with the constitution then you have no place on the Supreme Court as a Justice. Where in the Constitution does it say a woman is “Entitled to an abortion” could somebody please show me. It’s not there they ruled from the bench.

  10. Now we know why the demoncraps were doing all they could to stop Gorsuch’s appointment, They wanted someone who would rule the way they think not follow the constitution.

  11. I am very much a Conservative Constitutionalist and I for one and very happy to see that Justice Gorsuch is doing exactly what the Justices in the Supreme Court are supposed to do, rule on the Law as allowed by the Constitution in the spirit of the framers of the Constitution. Our Founding Fathers could never consider if a female should be able get an abortion. So you go by the intent of the Constitution which give them certain rights as a Mother but that is not to say it should be used simply as a method of birth control or performed immediately after the child is born and the parents simply do not want the child that it could be killed. Touchy subject.

  12. The Judiciary, is the one area I believe the Framers’ messed up on. While their intent may have been pure and altruistic, the results has been a mess since nearly day one. Appointments to lower and upper courts are politically motivated, regardless of whom is doing the appointment, and the end result is the mess we have today. Judges, at every level should be apolitical, showing neither a preference for either party. They should all be constitutionalists, affirming that document as the sole arbiter in questions of law, and how it’s applied. Judges with leanings Left or Right are a threat to our Republic (the Left even more so), which is why too many legislate from the bench.

  13. Neil Gorsuch is the ideal SCOTUS Justice. Read the Constitution and follow it. Do not legislate from the Bench and find Constitutional requirements when none are explicitly stated. You want changes, follow the Amendment Process and get all of the votes needed to pass clearly stated changes to the clear text of the Constitution! Roberts is one of those searchers for rights not explicitly stated in the Constitution, just like the Liberals. But he does follow strict prohibitions clearly stated in the Constitution unlike Liberals, who are ready to ignore the Second Amndment’s “clear prohibition in the phrase ” shall not be infringed!”

  14. Unfortunately, Trump was very mistaken in promoting the Gorsuch to the Supreme Court. Such an error should no longer be. It is necessary to check the concession to the place of judge in the Supreme Court very, very carefully so that such a mistake no longer occurs. Рeople like Gorsuch should never be in court again

  15. When deciding whom to appoint to federal judgeships or to his cabinet or to federal agencies, Trump no doubt, must rely on what his advisors and other high placed members of the party tell him. So far, that advice has been terrible and many appointments have been disasters. His advisors told him what a wonderful choice Mueller was to do the Russia investigation. Some of the recommendations must be from “good old boys” recommending their drinking or golfing buddies. On the other side of the coin, Trumps leaving high level members of the Obama administration in their jobs has also proven to be a bad decision. Many of them remain loyal to Obama and do their best to undermine Trump’s presidency. Trump’s accomplishments in the face of treasonous idiots trying to destroy him are even more amazing.

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