Wednesday, April 18, 2018


NEIL GORSUCH TURNS HEADS BY RULING FOR UNDOCUMENTED WORKERS AS 5TH VOTE FINDING DRACONIAN LAW AS VOID FOR VAGUENESS

First this is the second of three posts today. I slept well.  I think the 10 laps in  the pool before I fell asleep really helped my legs.  With my regular CPAP broken I had to use the Mini by Resmed.  It works better than the regular one.  I only use it when I travel, but until I get the new larger one I just ordered, it will be the Mini by Resmed.  If you have sleep apnea this is a must own CPAP, especially for travel, and emergencies.  And for the record, I pay for all of my sleep apnea treatment.  The VA cannot find a competent doctor, so I have taken on the expense as my own, so I can choose the best doctors available and the best CPAP on the market.

In the case of Sessions v. Dimaya, the court found the law to be too vague to be enforceable.  If you do immigration work or criminal work this is a must read case.  Plea bargains have become nearly impossible in cases involving undocumented workers because of this law.  Just this week the judge passed on a criminal case after the DA refused to drop the case knowing a plea bargain meant deportation.  The fact the church members and preacher were testifying for the man who allegedly assaulted his ex wife also made the judge mad at the DA.  This DA is so stupid knowing full well there are over 800 pages of medical records showing the man is legally blind and cannot be driving over to the ex wife's home to stalk her told the judge she intended to pursue the claim anyway.

But in the end these type cases have to be tried because a plea bargain means deportation, but maybe not any more.

THE PRESS

There is no liberal press in this country.  The fake left are ideologues claiming liberalism as justification for their position. In his concurring opinion which made for the 5th vote, Justice Neal Gorsuch took a very progressive position against the unconstitutional 4th branch of government.  The fake liberals are attacking his opinion on this issue as ultra conservative.  No - it is not.  Justice Gorsuch's opinion is anti-totalitarianism.  It says Congress cannot pass on its duties to bureaucrats who have no accountability to the people.

There was a time the law was clear,  Congress could not delegate its duties to the bureaucracy.  But over time the fake liberals on the court changed this constitutional principle and allowed for a totalitarian 4th branch of government unaccountable to anyone.

Justice Gorsuch went after them and made it clear it is for Congress to make clear laws and the government to enforcement them and not for these bureaucracies to make up their own rules and laws.

This decision actually hurts all presidents now and in the future.  They can no longer order agencies to make up rules and laws not approved by Congress. This will impact government all the way down to zoning committees at the local level.

Once true scholars of the constitution look at Justice Gorsuch's reasoning it will become one of the great moves in constitutional law which in effect strengthens our liberties.  It is a milestone in constitutional law.  I could not be happier.



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