Which of these judicial philosophies describes Gorsuch?
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  Which of these judicial philosophies describes Gorsuch?
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Question: Which one?
#1
originalist like Scalia
 
#2
dominionist like Rick Santorum and Roy Moore
 
#3
pseudo-originalist like Alito
 
#4
conservative living constitution like Anthony Kennedy
 
#5
establishment conservative like Chief Justice Roberts
 
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Author Topic: Which of these judicial philosophies describes Gorsuch?  (Read 1666 times)
I知 not Stu
ERM64man
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« on: April 08, 2017, 10:12:39 PM »

Which of these 5?
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Dereich
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« Reply #1 on: April 08, 2017, 10:18:35 PM »

These descriptions are terrible and few if any fit. Scalia was not an originalist, dominionism doesn't fit as a judicial philosophy, establishment conservatism has no meaning in a judicial context, and proto-originalist is useless as well.

Gorsuch's past work indicates he'll be a legislative supremacist and probably a textialist. Therefore, Scalia is the closest answer.
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I知 not Stu
ERM64man
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« Reply #2 on: April 08, 2017, 10:24:55 PM »

These descriptions are terrible and few if any fit. Scalia was not an originalist, dominionism doesn't fit as a judicial philosophy, establishment conservatism has no meaning in a judicial context, and proto-originalist is useless as well.

Gorsuch's past work indicates he'll be a legislative supremacist and probably a textialist. Therefore, Scalia is the closest answer.
I don't know how to label Roberts. Dominionism isn't a judicial philosophy but Santorum and Moore use it as one. I don't know how to label Alito. Alito seems to be like a Scalia who is not quite as textualist.
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Dereich
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« Reply #3 on: April 08, 2017, 10:40:11 PM »

These descriptions are terrible and few if any fit. Scalia was not an originalist, dominionism doesn't fit as a judicial philosophy, establishment conservatism has no meaning in a judicial context, and proto-originalist is useless as well.

Gorsuch's past work indicates he'll be a legislative supremacist and probably a textialist. Therefore, Scalia is the closest answer.
I don't know how to label Roberts. Dominionism isn't a judicial philosophy but Santorum and Moore use it as one. I don't know how to label Alito. Alito seems to be like a Scalia who is not quite as textualist.

Scalia is ABSOLUTELY a textualist; he is THE BEST example of a textualist. Here's an (unfriendly) article highlighting that. Thomas is the true originalist and there are few (if any) like him in the federal judiciary.
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I知 not Stu
ERM64man
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« Reply #4 on: April 08, 2017, 11:17:16 PM »
« Edited: April 08, 2017, 11:19:45 PM by ERM64man »

These descriptions are terrible and few if any fit. Scalia was not an originalist, dominionism doesn't fit as a judicial philosophy, establishment conservatism has no meaning in a judicial context, and proto-originalist is useless as well.

Gorsuch's past work indicates he'll be a legislative supremacist and probably a textialist. Therefore, Scalia is the closest answer.
I don't know how to label Roberts. Dominionism isn't a judicial philosophy but Santorum and Moore use it as one. I don't know how to label Alito. Alito seems to be like a Scalia who is not quite as textualist.

Scalia is ABSOLUTELY a textualist; he is THE BEST example of a textualist. Here's an (unfriendly) article highlighting that. Thomas is the true originalist and there are few (if any) like him in the federal judiciary.
You misunderstood me. Scalia is a textualist. I was talking about Alito. I meant Alito is sort of textualist but not as much as Scalia. How can Alito be described? Is Alito a pseudo-textualist?
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OSR stands with Israel
Computer89
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« Reply #5 on: April 09, 2017, 01:26:18 AM »

Why is Scalia considered more conservative then Clarence Thomas even though Clarence Thomas was way more conservative .


By the way Scalia isn't a orignalist otherwise he would have voted in favor of Raich in Gonazales vs Raich .


I consider him a strict constitutionist which is different then orignalist
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Antonio the Sixth
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« Reply #6 on: April 09, 2017, 01:37:25 AM »

These descriptions are terrible and few if any fit. Scalia was not an originalist, dominionism doesn't fit as a judicial philosophy, establishment conservatism has no meaning in a judicial context, and proto-originalist is useless as well.

Gorsuch's past work indicates he'll be a legislative supremacist and probably a textialist. Therefore, Scalia is the closest answer.
I don't know how to label Roberts. Dominionism isn't a judicial philosophy but Santorum and Moore use it as one. I don't know how to label Alito. Alito seems to be like a Scalia who is not quite as textualist.

Scalia is ABSOLUTELY a textualist; he is THE BEST example of a textualist. Here's an (unfriendly) article highlighting that. Thomas is the true originalist and there are few (if any) like him in the federal judiciary.

Citizens United is not a textualist decision.
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Nathan
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« Reply #7 on: April 09, 2017, 07:46:36 PM »

Gorsuch's past work indicates he'll be a legislative supremacist and probably a textialist. Therefore, Scalia is the closest answer.
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Dereich
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« Reply #8 on: April 09, 2017, 08:53:38 PM »
« Edited: April 09, 2017, 08:55:42 PM by Dereich »

These descriptions are terrible and few if any fit. Scalia was not an originalist, dominionism doesn't fit as a judicial philosophy, establishment conservatism has no meaning in a judicial context, and proto-originalist is useless as well.

Gorsuch's past work indicates he'll be a legislative supremacist and probably a textialist. Therefore, Scalia is the closest answer.
I don't know how to label Roberts. Dominionism isn't a judicial philosophy but Santorum and Moore use it as one. I don't know how to label Alito. Alito seems to be like a Scalia who is not quite as textualist.

Scalia is ABSOLUTELY a textualist; he is THE BEST example of a textualist. Here's an (unfriendly) article highlighting that. Thomas is the true originalist and there are few (if any) like him in the federal judiciary.

Citizens United is not a textualist decision.

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Scalia's concurrence has his trademark close scrutiny of text. Actually, in general Citizens United is a bad example of Scalia's constitutional analysis as it was primarily written to counter Justice Steven's originalist dissent and so in general reads more like an originalist attack rather than a textual one. Scalia's dissents are almost always better than his concurrences.
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politicallefty
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« Reply #9 on: April 09, 2017, 09:39:38 PM »

I think he's closest to Alito, which is a nightmare for anyone on the left. I may not have been a fan of Scalia, but I did appreciate many of his rulings and those with which he joined. His form of originalism was at least consistent and wasn't one-sided. I cannot say the same of Alito, and I'm extremely unlikely to the same of Gorsuch.

If Kennedy or one of the liberals is replaced by someone like him, I think Democrats need to seriously consider expanding the Court when they get power again.
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Kingpoleon
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« Reply #10 on: April 10, 2017, 03:55:13 PM »

These descriptions are terrible and few if any fit. Scalia was not an originalist, dominionism doesn't fit as a judicial philosophy, establishment conservatism has no meaning in a judicial context, and proto-originalist is useless as well.

Gorsuch's past work indicates he'll be a legislative supremacist and probably a textialist. Therefore, Scalia is the closest answer.
Legislative supremacism is not textualism, and Gorsuch is neither.

Somewhere between Roberts, Kennedy, and Alito. Gorsuch is clearly an independent thinker and may very well be a supporter of the judicial ideologies of federalism. I believe he considers each case on a case-by-case basis as well. Overall, rather similar to Sandra Day O'Connor with less ideological factors.
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