OpEd: Washington owes Justice Neil Gorsuch an apology

JUNE 25, 2019

As the most reliable and balanced news aggregation service on the internet, DML News App offers the following opinion editorial written by Jonathan Turley and published by TheHill.com:

“In our constitutional order, a vague law is no law at all.” Those words began one of the most important decisions of this Supreme Court term, in United States v. Davis. In a 5-4 decision, the Supreme Court sided with a habitual offender in striking down an ambiguous provision allowing enhanced penalties for a “crime of violence.”

The author of that sweeping decision in favor of a criminal defendant’s rights was Justice Neil Gorsuch, President Trump’s first nominee to the Supreme Court. I testified at Gorsuch’s Senate hearing in 2017, favoring his confirmation despite unrelenting attacks on him being a “rubber stamp” and an ideologue. Gorsuch has proven his detractors wrong and, as this term already has proven, he has emerged as one of the most consistent, courageous and principled voices on the Supreme Court. Indeed, a number of senators and pundits in Washington owe Gorsuch an apology for their attacks on someone who is building a legacy that could be one of the most lasting on the Supreme Court.

The article goes on to state the following:

Gorsuch has been fascinating to watch the last two years. He has departed repeatedly from the right of the Supreme Court to do what he considers to be the right thing. He remains a conservative justice but, like predecessor Antonin Scalia, he has shown a sense of his own “true north” judicial compass. In doing so, he has often made both the left and right of the Supreme Court seem shallow and predictable in their rigidity.

Turley gives multiple examples of cases in which Gorsuch has not always sided with the other conservatives on the court. He concludes with the following:

At the confirmation, I told the Senate a story about Justice Oliver Wendell Holmes who was traveling by train to Washington. When the conductor asked for his ticket, Holmes searched high and low for it until the conductor reassured him, “Don’t worry about your ticket, Mr. Holmes. We all know who you are. When you get to your destination, you can find it and just mail it to us.” Holmes responded, “My dear man, the problem is not my ticket. The problem is … where am I going?” It is an uncertainty that many new justices face. However, I told the Senate that “I can say where Gorsuch is going … . He will go wherever his conscience takes him regardless of whether it proves a track to the left or the right.” That is precisely where Gorsuch has ended up, on his own track.

To get more information about this article, please visit TheHill.com. To weigh in, leave a comment below.

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