Prediction: Gorsuch

Original Poster
Joined: Dec 2001
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Trump is bringing both Neil Gorsuch and Thomas Hardiman to DC in some kind of reality show-esque bullshit spectacle, but I'm here to tell you: it will be Gorsuch. That's okay! He's pretty good, in my opinion. Hardiman is a Georgetown Law grad, but eh, Gorsuch is better. I'm looking for a different thing in a judge than most of you, but even you liberals should breathe a sigh of relief: it won't be Bill Pryor and that's a win for all of us.
Jan 31, 2017 8:07 PM
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538 has Gorsuch plotted to the right of Tony Scalia and only left of Clarence Thomas.



What do you like about him, Nim?

Also, you'd better get used to him. He's only fucking 49 years old.
Jan 31, 2017 8:35 PM
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I like him for a couple of reasons. First, I reject the idea of a standard political scale of left/right to evaluate judges. It just doesn't work that way. Scalia, for example, was consistently to the "left" of Breyer on 4th and 6th Amendment issues, even though Breyer is one of the "liberal" judges.

But in any case, Gorsuch is a conservative Justice, in so far as the term has meaning, but he's more in the Scalia mold than in the Alito mold. He's an originalist, which leads to some surprising and welcome results when it comes to the rule of law and separation of powers, whereas someone like Alito will almost always come out in the side of the conservative policy preference, for some pretty fuzzy reasons.

Gorsuch is also an outspoken opponent of the constitutionality of Chevron deference, the jurisprudence under which Courts have ceded broad authority to regulatory agencies. He cares very much about executive overreach and has shown a willingness to slap back the government. Judges like Hardiman or Pryor have been much more rubber stamps. It's the debate between judicial engagement versus judicial deference to the state, and unlike many conservative judges, but like a handful of libertarian-leaning judges, he has leaned toward the former.
Jan 31, 2017 9:09 PM
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NimChimpskyIt's the debate between judicial engagement versus judicial deference to the state, and unlike many conservative judges, but like a handful of libertarian-leaning judges, he has leaned toward the former.

This is heartening, and is probably the best-case scenario for Trump's Supreme Court picks.
Jan 31, 2017 11:10 PM
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Is he going to crown one of them like Miss America? Why can't this guy do anything like a normal person? Just name your fucking nominee you goon.
Jan 31, 2017 11:59 PM
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I think it's more accurate to say that Gorsuch, like Scalia, is an originalist when it suits his purposes.
Feb 1, 2017 12:05 AM
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PaulsonIs he going to crown one of them like Miss America? Why can't this guy do anything like a normal person? Just name your fucking nominee you goon.

Holy shit, I thought you were kidding.
Feb 1, 2017 1:03 AM
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Moses
PaulsonIs he going to crown one of them like Miss America? Why can't this guy do anything like a normal person? Just name your fucking nominee you goon.

Holy shit, I thought you were kidding.

Radley Balko joked about something like this happening a day or two ago. He was not serious. I laughed. And here we are.
Feb 1, 2017 1:13 AM
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The build-up was ridiculous, but the unveiling was flawless, really. Trump got what he wanted by moving this up: he just mollified the entire right, some of whom were going rogue in response to the disastrous immigration order.
Feb 1, 2017 1:26 AM
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NimChimpskyThe build-up was ridiculous, but the unveiling was flawless, really. Trump got what he wanted by moving this up: he just mollified the entire right, some of whom were going rogue in response to the disastrous immigration order.

I'm reading the pulse of right-wing commentators and he's getting a lot of praise with a "See. Everything is fine!" subtext. I view this as bar lowering for Trump as all he did is nominate a mainline conservative judge and speak the coherent sentences someone gave him at the revealing. And Republicans are spiking the football and doing an end-zone dance.
Feb 1, 2017 1:35 AM
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My con law professor, and former SG under Obama, Neal Katyal has just endorsed the pick, so there is at least the possibility of some bipartisan support here.
Feb 1, 2017 1:38 AM
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Esoteric Allusion
NimChimpskyThe build-up was ridiculous, but the unveiling was flawless, really. Trump got what he wanted by moving this up: he just mollified the entire right, some of whom were going rogue in response to the disastrous immigration order.

I'm reading the pulse of right-wing commentators and he's getting a lot of praise with a "See. Everything is fine!" subtext. I view this as bar lowering for Trump as all he did is nominate a mainline conservative judge and speak the coherent sentences someone gave him at the revealing. And Republicans are spiking the football and doing an end-zone dance.


I think the biggest relief was that he actually kept to his list. There was every reason to believe he'd Harriet Meiers it up.
Feb 1, 2017 1:38 AM
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Hearing a Supreme Court nominee give an acceptance speech was depressing. Those kinds of theatrics should be beneath them.

That aside, Gorsuch named two Supreme Court judges that he greatly admired. Scalia was one, does anyone remember the other? I'm curious about that judges voting record.
Feb 1, 2017 2:03 AM
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PaquitoHearing a Supreme Court nominee give an acceptance speech was depressing. Those kinds of theatrics should be beneath them.

That aside, Gorsuch named two Supreme Court judges that he greatly admired. Scalia was one, does anyone remember the other? I'm curious about that judges voting record.


He named both Justices White & Kennedy, both for whom he clerked.
Feb 1, 2017 2:05 AM
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Neal Katyal's op-ed: https://mobile.nytimes.com/2017/01/31/opinion/why-liberals-should-back-neil-gorsuch.html?action=click&pgtype=Homepage&clickSource=story-heading&module=opinion-c-col-left-region&region=opinion-c-col-left-region&WT.nav=opinion-c-col-left-region&_r=0&referer=http://m.facebook.com


He highlights the thing I like best about Gorsuch, which is his distaste for Chevron deference and the practice of courts allowing regulatory agencies to essentially allow executive departments to act with out check from other branches.
Feb 1, 2017 2:07 AM
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NimChimpsky
PaquitoHearing a Supreme Court nominee give an acceptance speech was depressing. Those kinds of theatrics should be beneath them.

That aside, Gorsuch named two Supreme Court judges that he greatly admired. Scalia was one, does anyone remember the other? I'm curious about that judges voting record.


He named both Justices White & Kennedy, both for whom he clerked.


Found it. At the 1:21 mark:

"The towering judges that have served in this particular seat of the Supreme Court, including Antonin Scalia and Robert Jackson"

Although listening to it again, is he just giving a shout out to the particular judges that held the seat that he's about to take? Listening to his speech live, I took it to mean something more.
Feb 1, 2017 2:12 AM
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Paquito
NimChimpsky
PaquitoHearing a Supreme Court nominee give an acceptance speech was depressing. Those kinds of theatrics should be beneath them.

That aside, Gorsuch named two Supreme Court judges that he greatly admired. Scalia was one, does anyone remember the other? I'm curious about that judges voting record.


He named both Justices White & Kennedy, both for whom he clerked.


Found it. At the 1:21 mark:

"The towering judges that have served in this particular seat of the Supreme Court, including Antonin Scalia and Robert Jackson"

Although listening to it again, is he just giving a shout out to the particular judges that held the seat that he's about to take? Listening to his speech live, I took it to mean something more.


Jackson is just a revered Justice who held the seat decades ago.
Feb 1, 2017 2:16 AM
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I've met Hardiman and a close friend of mine has argued a number of cases in front of him. I'll ask her about him.


"Argued cases in front of him." Is that how you fucking lawyers say it

EDIT--I guess it doesn't matter. He wasn't nominated.
Feb 1, 2017 6:06 AM
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I should add that I met Hardiman when he was still an attorney. Yes, I'm old.
Feb 1, 2017 6:07 AM
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Sounds like Trump accidentally did something right in this case. I'm sure I will disagree with some of Gorsuch's opinions (I already know we disagree on the morality of assisted suicide) but he seems like a principled guy who has a strong record of knocking down executive overreach (and State overreach in general), which is a force we need in the current political context. I'll take it.
Feb 1, 2017 6:48 PM
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