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Josh Blackman @JoshMBlackman
, 7 tweets, 4 min read Read on Twitter
There is much to be excited about J. Gorsuch's opinion in Dimaya: in particular, his discussion of how vague statutes implicates the separation of power. Expect these passages to be cited for decades to come in opinions concerning the non-delegation doctrine. #SCOTUS
2/ This passage from J. Gorsuch's Dimaya opinion may also shed light on his views concerning economic liberty. He lists "remedies that strip persons of their professional licenses and livelihoods" (unenumerated right) alongside the enumerated takings clause. #SCOTUS
3/ Note this footnote from J. Gorsuch--the discussion about due process rights of aliens will no doubt play a role in the upcoming travel ban ruling.
4/ Speaking of #GorsuchStyle, this subcite of Hamilton in Federalist 78 (without a citation) is delightful.
5/ After studying the opinions of J. Gorsuch and Thomas, I am conflicted about whether the vagueness doctrine is better viewed as an application of procedural due process (Gorsuch) or as an application of the vesting clauses (Thomas). Both make compelling originalist cases.
6/ On a related note, J. Thomas makes a point I have repeated throughout the context of the travel ban debate: there is no delegation problem when the President exercises his own inherent power. lawfareblog.com/travel-ban-art…
7/ The originalist debate between Gorsuch and Thomas reminds me of the battle in Zivotofsky between Scalia and Thomas. It is so refreshing to see jurists willing to engage on tough questions on a matter of first principles, and reach very different results. #SCOTUS
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