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Old 04-17-2018, 02:08 PM   #16
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Kagan with a zing at the Chief Justice in a foot note.

Quote:
4 THE CHIEF JUSTICE’s dissent makes light of the difficulty of identifying
a crime’s ordinary case. In a single footnote, THE CHIEF JUSTICE
portrays that task as no big deal: Just eliminate the “atypical” cases,
and (presto!) the crime’s nature and risk are revealed. See post, at 5,
n. 1. That rosy view—at complete odds with Johnson—underlies his
whole dissent (and especially, his analysis of how §16(b) applies to
particular offenses, see post, at 7–10). In effect, THE CHIEF JUSTICE is
able to conclude that §16(b) can survive Johnson only by refusing to
acknowledge one of the two core insights of that decision
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Old 04-17-2018, 02:08 PM   #17
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I for one will enjoy the taste of neo-con tears, even though I'd have to clean all that egg before I do.
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Old 04-17-2018, 02:14 PM   #18
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Quote:
Originally Posted by superchuck500 View Post
Yeah, perhaps. I think those labels come with a wide variety of interests or principles, that sometimes are internally inconsistent and require the justice to choose one over the other. Also, a liberal-minded justice and a conservative-minded justice may support the same result for different reasons.

I haven't contrasted them, but Gorsuch wrote his support (at least of some of the ruling) in a concurring opinion. It's likely that it is materially different in rationale than the majority opinion written by Kagan. But I haven't really had the time to delve into it.
I'm only glancing over it, but this part stands out for Gorsuch...

Quote:
Today, a plurality of the Court agrees that we should
reject the government’s plea for a feeble standard of review,
but for a different reason. Ante, at 5–6. My colleagues
suggest the law before us should be assessed
under the fair notice standard because of the special gravity
of its civil deportation penalty. But, grave as that
penalty may be, I cannot see why we would single it out
for special treatment when (again) so many civil laws
today impose so many similarly severe sanctions. Why,
for example, would due process require Congress to speak
more clearly when it seeks to deport a lawfully resident
alien than when it wishes to subject a citizen to indefinite
civil commitment, strip him of a business license essential
to his family’s living, or confiscate his home? I can think
of no good answer.
Basically he just thinks the clause is too vague.. he doesn't agree with all of the other reasons Kagan and company stated. Basically, sure Deportation is a very severe sanction, but so are many other civil penalties, to NG.
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