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crime and punishment ideological culture judiciary national politics & policies Second Amendment rights Tenth Amendment federalism term limits U.S. Constitution

Perry Mason for the Court

Legend has it that a juror once ran up to attorney Neil Gorsuch, after Gorsuch won a case proving a gravel pit owner had been cheated, declaring, “You’re Perry Mason.”

These days, Gorsuch sits on the Tenth Circuit Court of Appeals, and is President Donald Trump’s nominee for the late Justice Scalia’s seat on the nation’s highest court.

And now Gorsuch is receiving testimonials worthy of the indefatigable TV lawyer.

Brad Smith, the chairman of the Center for Competitive Politics, expressed his pleasure “that President Trump has nominated someone who will defend a robust First Amendment.”

Ballot access expert Richard Winger noted that Gorsuch has a “good record in cases involving independent candidates and minor parties.”

“I am hard-​pressed to think of one thing President Trump has done right in the last 11 days since his inauguration,” wrote Neal Katyal in the New York Times. “Until Tuesday,” continued the Georgetown law professor, “when he nominated an extraordinary judge and man, Neil Gorsuch, to be a justice on the Supreme Court.”

Katyal, who had served as an acting solicitor general in the Obama administration, added that Gorsuch’s record of holding government officials accountable “should give the American people confidence that he will not compromise principle to favor the president who appointed him.”*

Even I have pertinent testimony: back in 1992, Gorsuch argued (in a co-​authored Cato Institute paper) that term limits were “constitutionally permissible” as “institutional constraints on the power of government” that “the Framers,” if alive today, would likely see as “necessary preconditions for liberty.”

No, Gorsuch is not actually Perry Mason — I never knew where Perry stood on term limits.

This is Common Sense. I’m Paul Jacob.

 

* On Reason’s Hit & Run blog, Damon Root strongly agreed.


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Categories
crime and punishment folly judiciary

Contemptible Court

Judge Tim Grendell missed his calling. Given his dictatorial impulses, he should have been a Soviet commissar or ancient Egyptian vizier. O, but for time, and place, and the mismatches of metempsychosis!

Grendell has lashed out punitively at Nancy McArthur, chairman of the Geauga County (Ohio) Republican Party, for seeking to undermine his authority with vilecriticism. What happened? Did she interrupt courtroom proceedings with her aspersion-​casting? Shout obloquy as he sought to instruct a jury?

Nothing like that. McArthur was never in Grendells court.

She did badmouth the judge, however … in private conversation.

The person McArthur was talking to is involved in a case presided over by Grendell, and, in a private email, reported on McArthurs comments. Grendell, somehow, got hold of that email. 

His response? Slap a subpoena on McArthur, demanding that she show cause why she should not be held in Contempt of Court for making vile, contemptuous, slanderous, and insulting language directed at the Judge which reflects negatively on the integrity of the Court and impedes the Court in the administration of justice.…

Yikes. McArthur was actually threatened with incarceration for speaking of this judge as if he were the type to do the sort of thing he did. Fortunately, his attempt to hold her in contempt has been blocked by an appellate court.

This isnt the first time Grendells judicial reach has exceeded his ethical and constitutional grasp. Guilty of outrageous malpractice, he deserves a boot to his rear, ejecting him from the bench.

This is Common Sense. Im Paul Jacob.


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