Gorsuch sides with liberals on Supreme Court, casts deciding vote in deportation case

Remember when leftists told us that Neil Gorsuch was just another Trump stooge?  On Tuesday, the Washington Examiner reported that the Supreme Court decided in favor of an immigrant facing deportation after being convicted for residential burglary.  Gorsuch sided with liberals on the court and cast the deciding vote in the case.

According to the Examiner:

The court ruled 5-4, with Justice Elena Kagan delivering the opinion. The justices affirmed a decision from the 9th U.S. Circuit Court of Appeals, which found in 2015 that a provision of federal immigration law subjecting immigrants to deportation if they are convicted of a “crime of violence” was too vague.

Justice Neil Gorsuch, nominated by President Trump and considered a member of the court’s conservative wing, cast the deciding vote by joining Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Kagan, who make up the court’s liberal wing.

Melissa Quinn summarized the case:

James Garcia Dimaya, a lawful permanent resident who immigrated to the U.S. from the Philippines at 13, brought the case.

Dimaya was convicted of residential burglary in 2007 and 2009, though neither of the crimes involved violence. The Department of Homeland Security under the Obama administration, though, sought to deport Dimaya in 2010 after determining the crimes could be considered crimes of violence.

The Justice Department’s Board of Immigration Appeals agreed with the Obama administration’s conclusion that Dimaya should be deported, as one of the convictions constituted an “aggravated felony” and therefore made him subject to mandatory deportation.

But the 9th U.S. Circuit Court of Appeals disagreed and decided the definition of “aggravated felony” under the Immigration and Nationality Act, which incorporates the definition of “crime of violence,” was unconstitutionally vague.

His vote didn’t sit too well with many:


But, others argued, Gorsuch did the right thing and upheld the Constitution.




According to the Examiner, the Court heard the case last year, but was deadlocked in a 4-4 vote, meaning that Gorsuch made the deciding vote.  It was heard again on the first day of the new term, which began in October.

What do you think?  Did Gorsuch do the right thing?  Let us know in the comment section below.


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Joe Newby

A 10-year veteran of the U.S. Marine Corps, Joe ran for a city council position in Riverside, Calif., in 1991 and managed successful campaigns for the Idaho state legislature. Co-author of "Banned: How Facebook enables militant Islamic jihad," Joe wrote for Examiner.com from 2010 until it closed in 2016 and his work has been published at Newsbusters, Spokane Faith and Values and other sites. He now runs the Conservative Firing Line.

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