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Neil Gorsuch’s first SCOTUS dissent has conservatives cheering: ‘It’s beautiful … Scalia without the edge’

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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.

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:

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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Scott Morefield


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