Thursday, February 21, 2019

Gorsuch joins Thomas in a constitutionalist revival

Via Billy

Neil M. Gorsuch 2018

the original meaning of the document (Consitution) should be sacrosanct.

The hearts of constitutional purists are beating harder today after Justice Neil Gorsuch joined Justice Clarence Thomas in a bid to restore sense and meaning to a key, but long ignored, clause of our nation’s founding document.

My colleague Erin Dunne has ably captured the top-line importance of the Supreme Court’s decision reining in an abuse of asset forfeiture laws, via which law-enforcement agencies seize property of those they arrest. I entirely concur with her analysis supporting the result. Beyond that, though, it is the concurring opinions by Gorsuch and Thomas that raise hopes, however faintly, for a return to jurisprudence more rooted in the Constitution’s text than in the expansive imagination of the court’s nine jurists.

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