Fascinating exchange from Justice Gorsuch in yesterday's Guerrero-Lasprilla v. Barr.
Gorsuch's skepticism here may well be explained by his own time on the 10th Circuit, where he issued a few opinions savaging the BIA.
Gorsuch's skepticism here may well be explained by his own time on the 10th Circuit, where he issued a few opinions savaging the BIA.
It was a very complicated legal issue, but to me, this series of questions between Alito and Gorsuch and the SG's office suggests to me the government is at the very least going to lose on its maximalist argument about what "questions of law" mean.
After the SG's office refuses to concede on Alito's coma hypothetical and Gorsuch pushes him on it, the argument goes off the rails pretty quickly. Sotomayor, then Breyer, then Kavanaugh, then Roberts all go one after another to point out the holes in the government's argument.
