When newly-minted Supreme Court Justice Neil Gorsuch joined originalist stalwart Clarence Thomas in a 7-2 dissent that reads like something the founders would have written, any conservatives who might have been concerned about Gorsuch somehow being another David Souter probably stopped worrying.
Indeed, Gorsuch’s first dissent, penned almost two weeks after drafting his first majority opinion, offers fascinating insight into the new justice’s thought processes (hint: It’s a lot more Scalia than Souter).
The case, Perry v. Merit Systems Protection Board, dealt with the process behind the appeal of a federal census worker’s employment dispute.
Gorsuch's 1st dissent:
"the difficulty of making new laws isn't some bug … it's the point of the design, the better to preserve liberty" pic.twitter.com/mZu5gRwsWO
— Judge Don Willett (@JusticeWillett) June 23, 2017
The majority opinion overturned the D.C. Circuit Court’s ruling, which was against the petitioner.
But Gorsuch and Thomas actually believe it’s not the court’s job to make laws. What a concept!
“Anthony Perry asks us to tweak a congressional statute—just a little—so that it might (he says) work a bit more efficiently,” Gorsuch writes. “No doubt his invitation is well meaning. But it’s one we should decline all the same. Not only is the business of enacting statutory fixes one that belongs to Congress and not this Court, but taking up Mr. Perry’s invitation also seems sure to spell trouble. Respectfully, I would decline Mr. Perry’s invitation and would instead just follow the words of the statute as written.”
Naturally, plenty of conservatives were more than happy with this important bellweather to Gorsuch’s future years on the bench:
Too much sense in one legal paragraph. What does he think he’s doing, inviting the people to govern themselves again?
— Mark Brown (@brownmp) June 23, 2017
Read the whole dissent. It’s Scalia but without the edge. More gentle dismantling of an argument.
— Pillage Idiot (@pillageidiot) June 23, 2017
It’s beautiful. Truly mean that. I’m thankful we found another that could write this way about the simplicity & beauty of the process.
— RolloTomasi (@mikepage7176) June 23, 2017
…excellent! …no legislating from the bench…
— DB Cozart (@dbcpac) June 23, 2017
It’s almost as if the judiciary isn’t supposed to write the laws
— Connor Adamson (@ConnorWVU) June 23, 2017
What a brilliantly stated dissent! A man who knows the Constitution and the law. What a knowledgeable pick President Trump
— Jean (@watspn1013) June 23, 2017
— PhillyFanForum (@PhillyFanForum) June 23, 2017
Op-ed views and opinions expressed are solely those of the author and do not necessarily represent the views of BizPac Review.
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