Which of these judicial philosophies describes Gorsuch? (user search)
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April 28, 2024, 11:40:50 AM
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  Which of these judicial philosophies describes Gorsuch? (search mode)
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Poll
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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Total Voters: 23

Author Topic: Which of these judicial philosophies describes Gorsuch?  (Read 1688 times)
Dereich
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« 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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Dereich
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« Reply #1 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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Dereich
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« Reply #2 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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