The Gorsuch effect on the Supreme Court.


When I voted for President Trump I had many hopes, but there were only two things I definitely wanted. Item one was an overhaul of the tax code. It appears we are within 14 days of that happening. Item two was a great conservative Supreme Court appointment. We got Neil Gorsuch and I am very happy.

You are likely also pleased (if you are a conservative) with the appointment of Associate Justice Gorsuch. He is an originalist in the mold of Justice Scalia. But here is something I didn’t focus upon but now that I have learned about this I am even happier with the Gorsuch appointment (and thanks to DW for sending this to me).

[Source: Power Move: Gorsuch Opts Out Of High Court Labor Pool, by Kevin Daley]

Justice Gorsuch recently broke 40 years of precedent. Wait! What? “Breaking a tradition” doesn’t sound like a “conservative” thing to do. What did he do, ask you? He decided to opt out of the so-called SCOTUS “cert pool,” answer I. And what exactly is the “SCOTUS cert pool,” ask you?

[From the Daley article] The cert pool was established in 1973 during the early days of the Burger Court (not quite as liberal as the Warren Court, but still very liberal), in order to efficiently review the near 8,000 petitions received each term. In practice, the petitions are apportioned among the Court’s law clerks, who then circulate a memo to the justices recommending a grant or denial. Therefore, a law clerk’s recommendation significantly affects the outcome of a petition.

Now, I am as in favor of efficiency as the next person, but this tactic subverts the notion that our Supreme Court Justices are making the decisions about the “worthiness” of cases adjudicated by lower courts.

In choosing not to join the pool, Gorsuch has signaled his misgivings about judgments made by a pool of clerks who do not share his commitment to fidelity to the text of the Constitution. Many legal scholars have criticized the pool. They argue that it empowers (admittedly, highly intelligent) but unseasoned law clerks a power not delegated to them by the people of the United States or their duly elected representatives. Court watchers confirm that this practice has resulted in a dramatic decrease in the size of the Court’s docket.

I, for one, applaud Justice Gorsuch for this effort. This is the kind of story everyone should be hearing or reading in the media, but I suspect that this post is the first you have heard about this issue.

Again, thanks to DW for sending this to me.

Roy Filly

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About Roy Filly

Please read my first blog in which I describe myself and my goals.
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One Response to The Gorsuch effect on the Supreme Court.

  1. Barry Mahony says:

    Hi Roy,
    Barry Mahony here.
    I read each of your posts for The Rugged Individualist. You do a MAGNIFiCENT job! Thank you!!!
    Today’s post about Justice Gorsuch was
    esecially close to home because my family home in Denver (and where I lived until going away for college) was right next door to the Gorsuch family home in Denver. I don’t have any specific memories of Justice Gorsuch, but it’s fun thinking about.
    Again, thank you for all your wonderful work!
    Barry
    Sent from my iPhone

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