Tuesday has been a mighty strange day on the Supreme Court and it’s still early.
First, the news broke that liberal Justice Sonia Sotomayor broke her shoulder in a fall at her home on Monday and then President Trump’s prized pick for the nation’s highest court unexpectedly sided with the liberals to deal a big blow to the administration’s policy on deporting illegal aliens with criminal records.
Liberals are now hailing Neil Gorsuch after calling him every dirty name in the book including Nazi while Senate Dems spent weeks trying to sabotage his confirmation hearings. Today he effectively stabbed Trump in the back by crossing over enemy lines to rule that the federal law regarding the deportation of “violent’ criminal illegals was too “vague” to be enforced. In terms of a betrayal, it’s right up there with Chief Justice John Roberts and his ruling that saved Obamacare in 2015.
— Washington Examiner (@dcexaminer) April 17, 2018
Via The Washington Examiner “Supreme Court sides with immigrant facing deportation, Gorsuch casts deciding vote”:
The Supreme Court has sided with an immigrant convicted of residential burglary and facing deportation and found the term “crime of violence” was unconstitutionally vague.
The court ruled 5-4, with Justice Elena Kagan delivering the opinion. The justices affirmed a decision from the 9th U.S. Circuit Court of Appeals, which found in 2015 that a provision of federal immigration law subjecting immigrants to deportation if they are convicted of a “crime of violence” was too vague.
Justice Neil Gorsuch, nominated by President Trump and considered a member of the court’s conservative wing, cast the deciding vote by joining Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Kagan, who make up the court’s liberal wing.
Who would have thought that the “conservative” Gorsuch would have the back of the Ninth Circus Court? Certainly not Trump or absentee Attorney General Jeff Sessions.
The Associated Press has additional details:
Tuesday’s decision involves James Dimaya, a native of the Philippines who came to the United States legally as a 13-year-old in 1992. After he pleaded no contest to two charges of burglary in California, the government began deportation proceedings against him. The government argued among other things that he could be removed from the country because his convictions qualified as crimes of violence that allowed his removal under immigration law.
Immigration officials relied on a section of immigration law that lists crimes that make people eligible for deportation. The category in which Dimaya’s convictions fell is a crime “that, by its very nature, involves a substantial risk that physical force…may be used in the course of committing the offense.”
Immigration judges would have allowed Dimaya to be deported, but the federal appeals court in San Francisco struck down the provision as unconstitutionally vague. The Supreme Court affirmed that ruling Tuesday.
The decision does not interfere with the government’s ability to deport people who are convicted of clearly violent crimes, including murder and rape, as well as drug trafficking and other serious offenses. The ruling is limited to a category of crimes that carry a prison term of more than a year, but do not otherwise comfortably fit in a long list of “aggravated felonies” that can lead to deportation.
The case was initially argued in January 2017 by a court that was short a member because of Scalia’s death and the refusal of Senate Republicans to act on Obama’s nomination of Judge Merrick Garland. Deadlocked 4-4, the justices scheduled a new round of arguments once Gorsuch joined the court.
The decision won’t halt the deportations of criminal illegals but will impose new limitations on federal law enforcement authorities and embolden pro-amnesty activist groups, politicians who rule over sanctuary cities and most of all the California-based resistance to mount further legal challenges to tie the administration’s hands.
Trump has not yet provided his statement but he has to be smoking hot right now.