Gorsuch, swing vote?
Neil Gorsuch hates the government. Maybe he'll turn that anger towards prosecutors.
IAN MILLHISER
DEC 3, 2018, 8:00 AM
Neil Gorsuchs civil opinions read like robber baron fan fic. Unmoved by discrimination. Contemptuous of workers rights. Gorsuch views longstanding precedents as a cavalcade of errors handed down by judges who lack his wisdom. He spent his first full term hunting for cases to overrule.
Yet, in criminal cases (and in the criminal laws close cousin, immigrant detention cases) Gorsuch sometimes stands at the center of the Supreme Court. At times, the illegitimate justices anti-government views lead him to view prosecutors with the same skepticism he directs at environmental regulation.
The result is what Slates Mark Joseph Stern labels the Gorsuch Brief, a brief that leans into Gorsuchs penchant for textual and historical arguments, and that treats him as the man criminal justice advocates need to win over to prevail.
This tactic is on full display in Gamble v. United States, a case asking the Supreme Court to overrule a bizarre doctrine that allows multiple states or several states and the federal government to all prosecute the same individual for the same crime.
https://thinkprogress.org/neil-gorsuch-swing-vote-ebb825d5dfe0/
For some reason I keep thinking of the current traitors like Manafort, to begin using this ................double jeopardy clause