Randy Barnett: What Libertarians Need to Know About Trump SCOTUS Pick Neil Gorsuch

in #scotus8 years ago

Randy Barnett's estimate of Neil Gorsuch, in summary:
Neil Gorsuch believes that natural rights exist, due to a professor he studied under, who wrote a book "Natural Law and Natural Rights" (although the book had a relatively un-libertarian view of natural rights, according to Barnett, Barnett is at least glad that Gorsuch likely believes natural rights exist and should be considered).

  1. Constitutional originalist? Yes (Interprets constitution's original meaning/intent.)

  2. Willing to reverse (bad) precedent? Likely (no "Chevron deference" --term is based on a case involving Chevron Oil Company. Means: no undeserved deference to federal agencies as "experts.")

  3. Respectful of Due Process? Maybe (no reason to believe either way)

Gorsuch gave a speech once where he said that "Mens rea" (criminal intent) should be shown before someone can be imprisoned by the Federal government. (This would begin to reinstate 1/2 of the criminal common law requirement of a "valid corpus" that's been destroyed in the USA by totalitarian precedent.)

Abortion rights may be devolved to the states (and violated there) under Gorsuch, but a Federal abortion ban wouldn't likely be considered by him.

Coin Marketplace

STEEM 0.20
TRX 0.15
JST 0.029
BTC 63835.35
ETH 2630.22
USDT 1.00
SBD 2.82