Addicted To Health Essay By Robert Bork

ANALYSIS/OPINION: It almost didn’t matter who he nominated. The left went berserk, and so successfully vilified the man that his last name became a verb. There was a time, back when politics was serious but not a blood sport — i.e., when most people actually knew something about how our government was designed — when U. Supreme Court nominees were almost unanimously approved by Congress. It all changed 30 years ago when President Reagan nominated Judge Robert Bork to the High Court.In a case involving a firearms conviction (), Gorsuch protested that “people sit in prison because our circuit’s case law allows the government to put them there without proving a statutorily specified element of the charged crime.” In support of his interpretation of the statute, Gorsuch invoked, quoting Justice Thomas, the “long tradition of widespread lawful gun ownership by private individuals in this country” and the Supreme Court’s recognition that the Second Amendment “protects an individual’s right to own firearms and may not be infringed lightly.” On criminal law and procedure, Gorsuch has a strong and balanced record.

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If he knows the rules inside out, and he’s got a proven record of calling balls and strikes fairly, he’s qualified to call a major-league game. If they know the “rules” — the Constitution — cold, and their record shows they are impartial, knowledgeable and fair, then, generally speaking, they deserve a chance to call some major-league cases. He’ll have to run the same old gauntlet, but once he has, I’m convinced he’ll be confirmed and go on to be an excellent justice.

EPPC President Ed Whelan is offering running commentary on the nomination of Neil M. To remind us that legislators may appeal to their own moral convictions and to claims about social utility to reshape the law as they think it should be in the future.

In 2013, he determined that Hobby Lobby was entitled under the federal Religious Freedom Restoration Act to relief from the HHS Obamacare mandate that would have required it to provide its employees insurance coverage for abortifacient drugs and devices.

(By a 5–4 vote, the Supreme Court ruled in favor of Hobby Lobby in 2014.) In 2015, he objected vigorously to a Tenth Circuit ruling that held that the massive fines that the Obama administration threatened to impose on the Little Sisters of the Poor for refusing to facilitate insurance coverage for contraceptives and abortifacients did not seriously implicate their religious liberty.

That judges should instead strive (if humanly and so imperfectly) to apply the law as it is, focusing backward, not forward, and looking to text, structure, and history to decide what a reasonable reader at the time of the events in question would have understood the law to be—not to decide cases based on their own moral convictions or the policy consequences they believe might serve society best.

In that speech, Gorsuch acknowledges that Justice Scalia’s project had its critics, from the secular moralist Ronald Dworkin to the pragmatist Richard Posner.

Gorsuch is a brilliant jurist and dedicated originalist and textualist. Gorsuch’s judicial outlook is reflected in his beautiful speech (text and video) celebrating — and embracing — Justice Scalia’s traditional understanding of the judicial role and his originalist methodology: Perhaps the great project of Justice Scalia’s career was to remind us of the differences between judges and legislators.

Gorsuch “immediately lost [his] breath” and “couldn’t see . And while he has rightly recognized that no one could ever replace Justice Scalia, there are strong reasons to expect Justice Gorsuch to be an eminently worthy successor to the great justice. And his many talents promise to give him an outsized influence on future generations of lawyers.

He has deep roots in his hometown of Denver and absorbed his work ethic from his family.

One of his grandfathers worked his way through law school with a job as a streetcar conductor in Denver.


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