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Supreme vetting...Gorsuch sides with liberal Justices for the fourth time - 06-27-2019, 05:36 AM



Who let the Gorsuch out? Trump did. You can't judge a book by it's cover, especially when said book gets a lifetime appointment to SCOTUS.

Gorsuch has quickly become the most important Justice on the Supreme Court. He is the swing vote.


The Supreme Court ruled Wednesday that even sex offenders deserve to have the reasons for their sentences determined by a jury, not a judge.

The justices ruled 5-4 that a federal law requiring sex offenders to return to prison based on a judge's new findings is unconstitutional. Supreme Court precedent gives juries, not judges, the power to determine criminal conduct.

Associate Justice Neil Gorsuch, one of President Donald Trump's two nominees on the court, wrote the opinion and was joined by the court's four liberal justices – for the fourth time this term.

"A jury must find every fact that is essential to an individual's punishment," Gorsuch said. In the case before the court, the accused received "a new prison term based instead only on facts found by a judge by a mere preponderance of the evidence."

It was a victory for Andre Hammond, an Oklahoma man sentenced in 2010 to more than three years in prison on child pornography charges. In 2015, a judge found him guilty of violating his supervised release and tacked on five more years in prison.

The question before the justices: Can a judge, rather than a jury, decide what facts merit a new sentence?

Four conservative justices said yes. In their dissent, Justice Samuel Alito accused the decision by Gorsuch and his liberal allies of "laying the groundwork for later decisions of much broader scope" and "revolutionary implications."

"It represents one particular view about crime and punishment that is ascendant in some quarters today but is not required by the Constitution," Alito wrote. "If the court eventually takes the trip that this opinion proposes, the consequences will be far-reaching and unfortunate."

The Supreme Court ruled Wednesday that even sex offenders deserve to have the reasons for their sentences determined by a jury, not a judge.

The justices ruled 5-4 that a federal law requiring sex offenders to return to prison based on a judge's new findings is unconstitutional. Supreme Court precedent gives juries, not judges, the power to determine criminal conduct.

Associate Justice Neil Gorsuch, one of President Donald Trump's two nominees on the court, wrote the opinion and was joined by the court's four liberal justices – for the fourth time this term.

"A jury must find every fact that is essential to an individual's punishment," Gorsuch said. In the case before the court, the accused received "a new prison term based instead only on facts found by a judge by a mere preponderance of the evidence."

It was a victory for Andre Hammond, an Oklahoma man sentenced in 2010 to more than three years in prison on child pornography charges. In 2015, a judge found him guilty of violating his supervised release and tacked on five more years in prison.

The question before the justices: Can a judge, rather than a jury, decide what facts merit a new sentence?

Four conservative justices said yes. In their dissent, Justice Samuel Alito accused the decision by Gorsuch and his liberal allies of "laying the groundwork for later decisions of much broader scope" and "revolutionary implications."

"It represents one particular view about crime and punishment that is ascendant in some quarters today but is not required by the Constitution," Alito wrote. "If the court eventually takes the trip that this opinion proposes, the consequences will be far-reaching and unfortunate."



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06-27-2019, 05:41 AM



Keep your head down and admire the shot.


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06-27-2019, 07:42 AM

......meh......yawn....


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06-27-2019, 08:46 AM

It's turning out that Gorsuch and Kavanaugh are sometimes voting the opposite way, and that split is making for a majority with the four more liberal justices.

Recently Gorsuch joined Ruth Bader Ginsburg to say the allowance of states charging a crime along with the feds bringing charges was a violation of the bar on double jeopardy in a lopsided 7-2 loss. They wrote different dissents, and Gorsuch's was more based on libertarian principles.

When it isn't Gorsuch, it has frequently been CJ Roberts. This is somewhat surprising, and not what conservatives thought they were getting, which was a majority that would always deliver the conservative side's preferred ruling.

Quote:
John Roberts Isn’t the Conservative You Thought He Was

The chief justice joins with liberal justices out of respect for precedent. Does this tell us how he might vote on abortion?
This link discusses the deference the courts must pay to regulatory body's interpretation of their rules. Today, the census question on citizenship was barred from inclusion for now, also. CJ Roberts was the swing vote.


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06-27-2019, 08:52 AM

Quote:
Originally Posted by Sofla View Post
not what conservatives thought they were getting, which was a majority that would always deliver the conservative side's preferred ruling.
That political stereotype is false IMHO.

There are very vocal people that make a lot of noise about such things, but I do not think the stereotype is true.

The stereotype serves a very important purpose to politicians in supporting divisiveness and partisan-ism which is job security for them. It also makes for very good media time to sell advertising.

.


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06-27-2019, 09:01 AM

It would be appropriate to label Justice Gorsuch a constitutionalist, which frequently corresponds to the beliefs of libertarians. To label him a libertarian is wrong. He is very consistent.



Quote:
Originally Posted by Sofla View Post
It's turning out that Gorsuch and Kavanaugh are sometimes voting the opposite way, and that split is making for a majority with the four more liberal justices.

Recently Gorsuch joined Ruth Bader Ginsburg to say the allowance of states charging a crime along with the feds bringing charges was a violation of the bar on double jeopardy in a lopsided 7-2 loss. They wrote different dissents, and Gorsuch's was more based on libertarian principles.

When it isn't Gorsuch, it has frequently been CJ Roberts. This is somewhat surprising, and not what conservatives thought they were getting, which was a majority that would always deliver the conservative side's preferred ruling.



This link discusses the deference the courts must pay to regulatory body's interpretation of their rules. Today, the census question on citizenship was barred from inclusion for now, also. CJ Roberts was the swing vote.
  
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06-27-2019, 09:44 AM

Quote:
Originally Posted by Sofla View Post
It's turning out that Gorsuch and Kavanaugh are sometimes voting the opposite way, and that split is making for a majority with the four more liberal justices.

Recently Gorsuch joined Ruth Bader Ginsburg to say the allowance of states charging a crime along with the feds bringing charges was a violation of the bar on double jeopardy in a lopsided 7-2 loss. They wrote different dissents, and Gorsuch's was more based on libertarian principles.

When it isn't Gorsuch, it has frequently been CJ Roberts. This is somewhat surprising, and not what conservatives thought they were getting, which was a majority that would always deliver the conservative side's preferred ruling.



This link discusses the deference the courts must pay to regulatory body's interpretation of their rules. Today, the census question on citizenship was barred from inclusion for now, also. CJ Roberts was the swing vote.
Trump appoints judges to uphold the law as they see it. It’s the Dems who have really tried to force judges to legislate from the bench. The fact that he sometimes votes against party lines is a testament to his integrity and a testament to Trump’s integrity IMO.


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06-27-2019, 09:46 AM

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Originally Posted by sixpack View Post
Trump appoints judges to uphold the law as they see it. It’s the Dems who have really tried to force judges to legislate from the bench. The fact that he sometimes votes against party lines is a testament to his integrity and a testament to Trump’s integrity IMO.
That's a hard pill for the psycho-politically indoctrinated people to swallow.


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06-27-2019, 09:47 AM

Quote:
Originally Posted by Sofla View Post
It's turning out that Gorsuch and Kavanaugh are sometimes voting the opposite way, and that split is making for a majority with the four more liberal justices.

Recently Gorsuch joined Ruth Bader Ginsburg to say the allowance of states charging a crime along with the feds bringing charges was a violation of the bar on double jeopardy in a lopsided 7-2 loss. They wrote different dissents, and Gorsuch's was more based on libertarian principles.

When it isn't Gorsuch, it has frequently been CJ Roberts. This is somewhat surprising, and not what conservatives thought they were getting, which was a majority that would always deliver the conservative side's preferred ruling.



This link discusses the deference the courts must pay to regulatory body's interpretation of their rules. Today, the census question on citizenship was barred from inclusion for now, also. CJ Roberts was the swing vote.
Nope, we got what was advertised. Honest guys following the law. Imagine that. So, the dust up from the left was nothing but smokescreen, yet again.


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06-27-2019, 10:16 AM

I guess the vehement opposition to his nomination from the Democrats was not warranted after all. Amazing.
  
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06-27-2019, 10:21 AM

Mark it down. This retard will be going ballistic about a Gorsuch vote before the year ends. Deranged.
  
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06-27-2019, 10:28 AM

Quote:
Originally Posted by ChicagoRJ View Post
Nope, we got what was advertised. Honest guys following the law. Imagine that. So, the dust up from the left was nothing but smokescreen, yet again.
Yea, pretty much. SCOTUS justices aren't politicians, nor are they supposed to be.


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06-27-2019, 02:01 PM

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Originally Posted by FairladyZ View Post
Yea, pretty much. SCOTUS justices aren't politicians, nor are they supposed to be.
Except for RBG. She threw that distinction away when she displayed classic symptoms of TDS.
  
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06-27-2019, 02:10 PM

She needs a rest...a long rest.


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06-27-2019, 02:14 PM

Oh look, the troll dropped a thread, never to be seen again. How...usual.


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