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02/11/2018

Jordan Rubin on Justices Gorsuch and Scalia
Michael Ramsey

At Bloomberg, Jordan Rubin: Trump Promise Kept: Gorsuch Fits Scalia Mold on Criminal Law.  From the introduction: 

Then-candidate Donald Trump said on the 2016 campaign trail that he’d appoint a U.S. Supreme Court justice in the mold of Antonin Scalia.

He appears to have kept his word on that front as far as criminal cases go, according to legal analysts.

Like Scalia, a Reagan appointee who sometimes sided with the court’s Democrat appointees on criminal matters, Justice Neil M. Gorsuch has voiced support for criminal defendants’ rights but without voting to halt any executions.

The self-styled originalist and textualist has criticized government positions at arguments this term in the blockbuster cellphone surveillance case Carpenter v. United States and in other disputes involving the Fourth, Fifth, and Sixth Amendments, suggesting that he’ll vote for the convicts in these cases. This includes an immigrant the Trump administration wants to deport. ...

I agree that the criminal cases are ones to watch this term.  Justices Gorsuch, Thomas and Alito have so far voted almost entirely in agreement, but this term's criminal cases may see an end to that.  (From earlier, see here on the emerging possible split between Gorsuch and Alito on criminal cases).