Tag Archives: Gorsuch

[Jonathan H. Adler] Kavanaugh v. Gorsuch

This morning's New York Times features a front-page story by Adam Liptak noting that President Trump's two Supreme Court nominees—Justices Neil Gorsuch and Brett Kavanaugh—disagree more than one might expect. He writes: Both justices lean right, but they are revealing themselves … Continue reading

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First word from Justice Gorsuch on the Confrontation Clause

The Supreme Court today denied certiorari in Stuart v. Alabama, No. 17-1676.  I believe there is good news and bad news here. Stuart was charged with vehicular homicide, by drunk driving.  The State introduced a blood test through the testimony of … Continue reading

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Oil States Energy Services, LLC v. Greene's Energy Group, LLC, Docket No. 16-712, J. Gorsuch, dissenting

Judicial independence: Declaration of Independence: Art. III Court: Common law:We sometimes take it for granted today that independent judges will hear our cases and controversies. But it wasn’t always so. Before the Revolution, colonial judges depended on the crown for … Continue reading

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Tharpe v. Sellers, J. Thomas, with whom J. Alito and J. Gorsuch join, dissenting (Per Curiam opinion), Docket 17-6075

Retroactivity (here in a criminal context): (…) First, no reasonable jurist could argue that Pena-Rodriguez applies retroactively on collateral review. Pena-Rodriguez established a new rule: The opinion states that it is answering a question “left open” by this Court’s earlier … Continue reading

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