Tuesday, January 31, 2017

"A judge who likes every result he reaches is very likely a bad judge."

That was SCOTUS nominee Neil Gorssch during his speech tonight and in a dissent last year, which may give criminal defense lawyers some optimism (he found strip searches unconstitutional):
"Often enough the law can be 'a ass — a idiot,' Charles Dickens, Oliver Twist 520 (Dodd, Mead & Co. 1941) (1838) — and there is little we judges can do about it, for it is (or should be) emphatically our job to apply, not rewrite, the law enacted by the people's representatives. Indeed, a judge who likes every result he reaches is very likely a bad judge, reaching for results he prefers rather than those the law compels. So it is I admire my colleagues today, for no doubt they reach a result they dislike but believe the law demands — and in that I see the best of our profession and much to admire. It's only that, in this particular case, I don't believe the law happens to be quite as much of a ass as they do. I respectfully dissent."

And there's this:
Like Scalia, he has shown a willingness to occasionally side with defendants on criminal law matters. He sided with a Albuquerque middle schooler who was strip-searched by his schooldissenting while his colleagues ruled that the school police officer and other employees are immune from lawsuits. In one 2012 dissent, he argued against applying the federal law banning felons from owning firearms to a defendant who had no idea he was a felon. And he's expressed concern with overcriminalization, saying that states and the federal government have enacted too many statutes forbidding too much activity. But on other matters, he has been, like his would-be predecessor, harsher. He has taken a limited view of a defendant's right to competent representation, and tends not to view death penalty challenges favorably.
I guess we will see soon enough.


Anonymous said...

This was Obama's pick. Must be stopped.

Anonymous said...

Focus on what is really important: NSD. Canes and Gators closing strong! And so is Charlie Strong. Butch and FIU doing well and Lane might be stealing someone's 5star. Saban and Jimbo getting annual top class.

So when you get disappointed, or right down scared, by the actions of our "leaders" you can find comfort in the decision-making of 17 & 18 year-olds.

Anonymous said...

7:25 is right. Gorsuch must be filibustered.

Anonymous said...


So we are going to have an 8 person court for 4 years. That is the plan?