Opinion: One way liberals might end up agreeing with Neil Gorsuch

By my count, two minutes passed between the moment Donald Trump introduced Neil Gorsuch as his nominee to the Supreme Court and the arrival of the first email deeming him a “far-right jurist” in my inbox.

Congratulations, National Abortion Federation: You get the gold medal. Something called the Constitutional Accountability Center was a minute behind. The slackers at the Alliance for Justice needed four minutes to pronounce Gorsuch “disastrous.”

Here’s guessing we would have heard similar declarations no matter who Trump named.

President Donald Trump applauds as he stands with Judge Neil Gorsuch in East Room of the White House on Tuesday after announcing Gorsuch as his nominee for the Supreme Court. (AP Photo / Carolyn Kaster)

President Donald Trump applauds as he stands with Judge Neil Gorsuch in East Room of the White House on Tuesday after announcing Gorsuch as his nominee for the Supreme Court. (AP Photo / Carolyn Kaster)

But our liberal friends might want to stop and think this one through. Not just because a dozen current Democratic senators — plus then-Sens. Barack Obama, Joe Biden, Hillary Clinton and John Kerry — voted to confirm Gorsuch to the 10th U.S. Circuit Court of Appeals in 2006. Not just because he has a pristine record and a great deal of respect from liberal legal minds. Not just because provoking the GOP to kill the filibuster for Supreme Court nominees when replacing the late Antonin Scalia, when the next opening could tip the court’s ideological balance, would be a mistake by Democrats playing to their base’s frothing hatred of Trump.

No, it’s precisely because liberals loathe, and seem terrified of, all they see or imagine Trump doing that they should appreciate one likely aspect of Gorsuch’s jurisprudence.

That one man’s election can spark such fear among so many people speaks to the mutation of the federal government generally, and the executive branch specifically. The overgrowth of Washington, D.C., shows up in many ways, perhaps none less justifiable than the power of regulatory agencies.

These agencies now comprise a veritable fourth branch of government, unelected and unaccountable to the public. If you worry presidential power will harm you in some way, your concerns probably stem from these agencies and their powers.

This power had to be abdicated by others. It was ceded first by Congress, which as the branch most directly accountable to the people was intended to do the hard, sometimes messy work of lawmaking. Because it can be so hard and messy, and because Washington insists on delving into so many subject areas, lawmakers increasingly find it convenient to write broad, overarching legislation that allows the implementing agencies to fill in many of the details. The effect is the agencies make the law in many cases.

The third branch was supposed to ensure, among other things, this didn’t happen. But the courts have fallen short, too. Starting with a 1984 Supreme Court case known as Chevron, the judiciary has gradually given more rule-making latitude to regulatory agencies. One effect is that, when a new administration takes over, their new appointees in the agencies are more able to change the law quickly, with less public scrutiny or accountability.

As an appellate judge, Gorsuch has suggested it’s time for the Supreme Court to rethink its deference to regulators under Chevron. He’s right, and a great many conservatives agree.

Perhaps liberals, discovering a strange new respect for reining in the executive branch, limiting the federal government and ensuring some regulatory stability after eight years of dismissing such quaint notions, could also see the value now of such a reappraisal.

Reader Comments 0

415 comments
Eye wonder
Eye wonder

President Twit and his administration are pure comedy gold:

https://youtu.be/UWuc18xISwI

In his quest to make America the laughingstock of the world, President Twit is succeeding far beyond even his wildest expectations!

Lil_Barry_Bailout
Lil_Barry_Bailout

Hillary lost to him.

You must be glad the Falcons have taken the "Biggest Choke of all Time" crown away from her.

Eye wonder
Eye wonder

Meh, Lil_Don. The Falcons are just keeping it warm for the worst, most hated, biggest loser prez that your President Twit will end up being.

SGTGrit
SGTGrit

Drink whiskey, drink whiskey.

AndyManUSA#45
AndyManUSA#45

Yeah, I'm so sure the next Augustus Busch is just struggling to make his way here from syria, uh huh.


clowns

SGTGrit
SGTGrit

Long half time and I see Lady Duh, Duh is still on stage. Geez, fat butt, fat legs and thunder thighs. Looks like a younger Hilldabeast. Probably wearing the same sized pants suits in a few more years.

SGTGrit
SGTGrit

I guess lady duh duh will be up during half time. Think I'll pass.

SGTGrit
SGTGrit

The Falcons D is kicking butt and taking names. What was once the Achilles heel of the team has now stood up as a young defense that's a winner. Hats off to Dan Quinn. Go Falcons.

AndyManUSA#45
AndyManUSA#45

Hollyweird doesn't have to fund crooked hillary so they purchased the Super Bowl with all that extra cash.


Worst commercials evah.


How many robot war movies can there possibly be?

AndyManUSA#45
AndyManUSA#45

Well, if the dirty birds lose, they can't blame Bush, hahahahaha

AndyManUSA#45
AndyManUSA#45

@Eye wonder Baldwin was furious when Ireland - who lives with her mother Kim Basinger in Los Angeles - did not answer the phone when she knew he was due to call from New York.

During the call, recorded on the girl's answering machine, Baldwin, 49, ranted: "You are a rude, thoughtless little pig. You don't have the brains or the decency as a human being.

"I don't give a damn that you're 12 years old, or 11 years old, or that you're a child, or that your mother is a thoughtless pain in the a-ss who doesn't care about what you do as far as I'm concerned.


Very lovely, eyeball.



Read more: http://www.dailymail.co.uk/tvshowbiz/article-449775/Alec-Baldwin-apologises-calling-daughter-11-rude-thoughtless-pig.html#ixzz4Xqq8ZhAh 

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Caius
Caius

Starting about 214 years ago we decided to let the judicial branch makes judgment about what was and was not constitutional.  It has worked pretty well so far.

From time to time the Appeals Courts take on something of a personality.  Presently the 9th leans toward he left.  The 5th leans toward the right. It is the 9th that has the ruling on the Trump Executive Order. It was the 5th that had some of the rulings on Obama immigration EOs. Knowing where to file is important.


I would beware of those who want to take the 1st Amendment guarantee a free press and the guarantee of "the right of the people to peacefully assemble, and to petition the government..." and flush those rights down the toilet because others disagree with their opinion.


It's Sunday and like many I went to my church this AM to pray, worship and look forward to the Second Coming.  I would observe that it appears some on this blog have already experienced the "second coming"  in the persons of either the previous or current POTUS as it appears both were/are incapable of doing a wrong or making a bad decision.

If the shoe does not fit please do not wear it.





SGTGrit
SGTGrit

@Caius  I think you're neglecting to truly understand the turning point in this country during the 60's by design or ignorance. Hopefully, the latter.

AndyManUSA#45
AndyManUSA#45

@Caius Instead of pompous blowing and grandstanding, how about you tell us how the travel ban is unconstitutional, since no one else, including the judge who ruled, has?

AndyManUSA#45
AndyManUSA#45

The New York Times reported that “President Barack Obama’s national security aides had reviewed the plans for a risky attack on a small, heavily guarded brick home of a senior Qaeda collaborator in a mountainous village in a remote part of central Yemen.” However, the article says, “Mr. Obama did not act because the Pentagon wanted to launch the attack on a moonless night and the next one would come after his term had ended.”


http://www.vox.com/world/2017/2/2/14485736/trump-fault-yemen-raid-al-qaeda

lvg
lvg

Not mentioned here is the frightening sequence leading up to the special forces raid in Yemen with one American killed and over least 10 civilians including children on the ground. If reports are true this was decided over dinner with Trump and Mattis, Kushner, Flynn and Bannon. How did this become the National Security Council? If Mattis was involved, the worst fears of lack of civilian review of the military by selecting a career general as secretary of defense are being realized.And what qualifications do Bannon and Kushner have to analyze top level security and military strategies? Truly frightening.

SGTGrit
SGTGrit

The far left is committing suicide and it's fun to watch.

SGTGrit
SGTGrit

The Democrats are being exposed for the un-American zealots they are. The Trump administration will be building on that exposure, which true Americans are seeing first hand what some have only suspected. However, now they can all see it for what it truly is. The Democrat party is digging themselves even deeper into the abyss they've created for themselves.

Eye wonder
Eye wonder

Meanwhile, back on earth, President Twit is finding himself getting checked and balanced at every turn, you still rely on the PPACA, and Brady is about to become the GOAT.

AndyManUSA#45
AndyManUSA#45

And Pence getting questioned about what is in store for iran if they continue travelling down the road they're on brought a joyful thought to my mind; a joint Israeli and US Air Force pummeling of irans nuclear weapons capabilities. OMG. The gloves are off, if you know what I mean. 

Eye wonder
Eye wonder

"OMG"?

Are you an eleven year old girl, IReport?

AndyManUSA#45
AndyManUSA#45

@Eye wonder Yes, eyeball, I do get rather excited thinking of F22 Raptors buzzing tehran. Let's see how many more women your little lovie dovies can bury in the ground up to their necks and stone to death while they are getting shelled and strafed.

AndyManUSA#45
AndyManUSA#45

Pence put a great big smoking shell hole in the side of the democrats ship of fools, and it is listing, but the silly a**es aboard it still dance around over their so called judges illegal ruling because, well, that is what fools do.


<iframe width="1280" height="720" src="https://www.youtube.com/embed/MQZZzGuqwxY?ecver=1" frameborder="0" allowfullscreen></iframe>

MarkVV
MarkVV

What the current debate about the Trump’s travel ban has demonstrated clearly is who are the real enemies of the American ideals. Not radical Islamists of any color – they can cause us damage, kill Americans, but cannot by themselves change those ideals.

So let’s not mince words: The real enemies of those ideals are Donald Trump, Stephen Bannon, Sean Spicer, Sean Hannity, and so on down the line to those who indiscriminately support Trump. And that includes the most vocal Trump supporters on this blog.

As I wrote before, I cannot judge whether Trumps executive order regarding travel and refugees is legal and constitutional.  That is up to the appropriate branch of the government – the judiciary.  But Trump’s attack on a federal judge (just like his attack on another judge during the campaign) was not only boorish, but evidence of his ignorance and contempt for the Constitution. And the same is true about people supporting Trump on his blog.

These people defend anything that is taken under the mantle of “security.” This mindset has been demonstrated for some time, when any action by police was defended, no matter how unlawful. A policeman could shoot an unarmed man in the back and they would defend him, and some prosecutor or grand jury would refuse to indict, because he was “protecting the public.” And so anything that Trump does under the guise of “national security” they also defend.

This viewpoint shown by Trump, Bannon and others is authoritarian and undemocratic, and it is not much of a stretch to call it fascist.

AndyManUSA#45
AndyManUSA#45

@MarkVV The only thing that has been "demonstrated clearly" is which side of this issue, the issue of protecting the American people, the democrat party is on. That is it. Should one of these whackjobs we are letting into our country decide to blow something up, and I pray that they do not, it will be the immediate end of your political party. 


You chose a side for no good reason than to hurt your own country. Better hope it doesn't bear fruit.

MarkVV
MarkVV

@AndyManUSA#45 @MarkVV It is people like you who hurt this country.

"If one of the whackjobs we are letting in to our country decide the blow something up...)


Will you suggest to throw all Americans out of this country, because some of them kill others? How many of the refugees have killed someone, compared to how many Americans kill others? Or do you consider it one of the unalienable right of  the Americans to kill others?

AndyManUSA#45
AndyManUSA#45

@MarkVV @AndyManUSA#45 It's too late to get philosophical. This is an easily understood issue, and for no better reason than to harm the new administration, you have chosen to allow people that drop barrel bombs on each other into our own country. 


Better hope they learn how to be polite.

Finn-McCool
Finn-McCool

When will Trump stop apologizing for America?

Kamchak
Kamchak

AmSpec?


Ahahahahahahahahaha, come on, man.

 Uh huh. About says it all, don't it?

Kamchak
Kamchak

@AndyManUSA#45 

"If you can't take what you dish out, you might be a precious and delicate little snowflake."

-- Thomas "Jeff Foxworthy" Jefferson