Gorsuch’s First Anti-Gay Dissent Has a Huge Factual Error—and Terrible, Dishonest Logic - Slate
The subject matter of the Slate article is irrelevant to our point. The terrible, dishonest logic being used could go well beyond gay rights. Our point being, the Supreme Court has great power to change our lives by impacting our legal rights. The Gorsuch dissent in this case shows us just how powerful the Court can be in reviewing the legal rights of Americans
If the analysis by Slate is true there are two things to consider:
First, Justice Gorsuch changed the facts of the case to suit his analysis. If left unchanged, then the incorrect facts remain on the books. Although his decision is a dissent, this type of behavior could potentially govern a majority decision…the power to change the factual circumstances is limitless if a Justice so chooses. In this case Slate certainly suggests the facts are changed to suit the result Justice Gorsuch wants. That practice is dangerous.
Second, Justice Gorsuch also changes the basis of the appeal analyzing the law under a statute not applicable to the legal analysis of the appeal. This change of analysis is an example of a Justice changing the legal basis of the appeal, and using a law that suits their view, to suit that Justice's desire result.
In this case Justice Gorsuch is changing things up to suit his particular view on gay rights. Gorsuch's dissent demonstrates he has an anti gay view and he will use the power of his office to advance that view. If Trump appoints more Justices with this approach you can expect significant changes in the rights that you enjoy. What is happening is Trump is appointing conservative activist judges to the Court, doing the same thing the GOP has criticized Democrats of doing when they complain of liberal activist judges.
The Supreme Court is a powerful entity…this is why it is important to appoint objective, non political, fair justices to the Court. The appointment of conservative activist justices is not what America voted for in this election. Trump lost the popular vote…something that Trump, and the GOP leadership, conveniently forget.
However, because of the political divisions, we are now going to the extreme. The question to be answered with future decisions from Justice Gorsuch is simple:
Is he going to be a right wing activist Justice? If the Slate analysis proves true the answer is…
Yes. Click here to read the Slate analysis.