Thursday, February 2, 2017

Gorsuch it is! Will he be another Scalia? Can anyone be another Scalia?

President Donald Trump has nominated Judge Neil Gorsuch to the U.S. Supreme Court, telling Americans in a prime-time address that he has selected an individual whose “qualities … closely define what we’re looking for” to fill the vacancy left by the late Justice Antonin Scalia, reported The Heritage Foundation’s Daily Signal.
Gorsuch is 49 and a judge on the U.S. Court of Appeals for the 10th Circuit, who would bring to the court a strong record on gun rights and religious freedom, and what admirers call a clearly articulated judicial philosophy.
Will Gorsuch be another Scalia, the man he is to replace? Caleb Mason a partner at Brown, White and Osborn in Los Angeles writing for The Crime Report doesn’t think so.
Mason wrote a detailed essay examining Scalia’s unique view of criminal-law jurisprudence.
He wrote that Scalia’s “[The] weird mix of judicial impulses that led to the dramatic shifts in the law listed above is his and his alone.  His criminal-law views didn’t predictably track right or left—though his hostility to court-created enforcement mechanisms was terrible for criminal defendants."
So now the question on everybody’s lips is whether Gorsuch is going to be Scalia-esque.
When it comes to criminal procedure and criminal law, Mason wrote, "I don’t think anyone is.  If Judge Gorsuch  is confirmed, he’ll have 30 years to forge his own judicial identity.  And whoever he becomes on the Court, he won’t be another Scalia."
Mason's detailed examination of Scalia's criminal justice record is worth reading.
To read more CLICK HERE

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