Gorsuch didn't come totally out of nowhere. Nice libertarian streak in him
Obviously the decision was based on a federal law, not the Constitution, but it is not out of character for Gorsuch to want to lean towards protecting individual rights. Gorsuch is not your typical Alito/Thomas style culture warrior and he usually throws in a curveball to give some appearance that he is not totally beholden to the current iteration of the Federalist Society worldviews. I am still surprised he joined the majority *and* wrote the opinion, but he's also a smug prick who loves to point out the lawyering deficiencies in others, and with a broad statute in front of him he decided to show the world why he's go goddamned smart and they aren't when it comes to drafting laws.
He's written very pro defendant opinions on 4th amendment matters for instance.....
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In response to this post by Lazarus)
Posted: 06/15/2020 at 11:17AM