Tag: Neil Gorsuch

Gotta Love SCOTUS

As a follow-up to yesterday’s post, What a Difference One Vote Makes, today’s announcements by SCOTUS hammer home the point.  I’ll discuss today’s opinion on union dues a bit later, but want to first focus on this: the retirement of Justice Anthony Kennedy.  Appointed by President Ronald Reagan, Justice Kennedy has served 30 years on the Court and is now 81 years old.

When Donald Trump ran for President, he was assailed by both sides of the aisle about what kind of judges and justices he would appoint.  There was already an opening on the Court with the death of Antonin Scalia and rumors were rampant that Justice Kennedy would retire.  Retirement discussions also included Ruth Bader Ginsburg, who is now 85 years young.  Was Donald Trump truly a conservative? Was he a liberal in Republican clothing?

To alleviate these concerns about his judicial appointments, candidate Donald Trump issued a list of 21 potential US Supreme Court appointees.  As President-elect, on November 17, 2017, he reissued the list, which now can be found on Whitehouse.gov.  With so much time to do “opposition research” on each of these individuals, Democrats are likely prepared to go to war over each and every one of them.  It will be interesting to watch.

As for today’s announced decision about mandatory payment of union dues by government employees who are not members of, but are represented by, employee associations or unions, it’s about time!  According to SCOTUSBlog,

In an opinion by Justice Samuel Alito, the court concluded today that the fees violate the First Amendment. No one would doubt, Alito wrote, that the First Amendment bars a state from requiring its residents to “sign a document expressing support for a particular set of positions on controversial public issues.” Requiring someone to pay for speech by someone else also raises First Amendment concerns, Alito noted.

In 2016, SCOTUSblog reveals, “the justices heard oral argument in a challenge by a group of California public-school teachers, but Justice Antonin Scalia died before the court could release its opinion, leaving the eight-member court deadlocked.”

Once again, Justice Neil Gorsuch made the difference, voting with the majority.  Now, these employees will have additional monies in their pockets each month.  They’ll no longer fund a union that doesn’t represent their views.  And, they’ll no longer fund political speech that is diametrically opposed to their own stance on issues, basically funding opposition to themselves.

What a Difference One Vote Makes

This fall, Bastrop County voters have the privilege of voting for four Third Court of Appeals justices.  A total of six justices make up the Third Court. Votes for the four Third Court of Appeals justices are likely the most important votes you will cast in November 2018.

We’re lucky in Texas to be able to vote for our judges and justices.  Votes matter!  Some justices are appointed, for example, US Supreme Court justices.  Appointees matter! Appointing authorities matter!

US Supreme Court building

I recall answering one “what are your three most important issues” poll prior to the November 2016 presidential election with “Supreme Court. Supreme Court. Supreme Court.” I know many who felt that way. Prophetic.

Today, President Trump’s “Travel Ban” was upheld, by a 5-4 vote. It held “The President has lawfully exercised the broad discretion granted to him under 8 U. S. C. §1182(f) to suspend the entry of aliens into the United States; respondents have not demonstrated a likelihood of success on the merits of their claim that Presidential Proclamation No. 9645 violates the Establishment Clause.”

Yesterday, by a 5-4 vote, our Congressional District 27 map was upheld by the Supreme Court. It determined “The District Court disregarded the presumption of legislative good faith and improperly reversed the burden of proof when it required the State to show a lack of discriminatory intent in adopting new districting plans;[…].”

And, last Friday in another 5-4 decision, the Supreme Court determined that government needs a warrant to seize historical location data from cell phones. It ruled “The Government’s acquisition of Carpenter’s cell-site records from his wireless carriers was a Fourth Amendment search; and the Government did not obtain a warrant supported by probable cause before acquiring those records.”

In each case, Neil Gorsuch was among the five jurists in the majority. Would the majority have ruled the same way if a Barack Obama appointed liberal jurist were sitting in the seat occupied by Neil Gorsuch? I doubt it.

Your votes for the Third Court of Appeals will have similar impact.  Don’t let this incredible opportunity to have an impact on your own day-to-day lives pass you by.