Today I saw the U.S. Supreme Court upheld the 9th Circuit Court's ruling in the case of Sessions, Attorney General v Dimaya that section 16 of the 18 U.S. codes was unconstitutionally vague.
The issue stems from the government’s position that any immigrant, no matter his or her legal status is subject to deportation if convicted of a crime that falls under the definition of “a crime of violence.” There are a number of statutes in question, including the Immigration and Naturalization Act and Armed Career Criminal Act. The defendant challenged the law, and his deportation under the protections of the Fifth Amendment’s Due Process Clause. The Ninth Circuit sided with the defendant, and the AG engaged to challenge the courts finding at the Supreme Court.
What makes this so interesting to me is that Neil Gorsuch joined the majority in siding with the defendant. The court’s opinion was written by Justice Kagan and Justice Gorsuch concurred in part and with the judgment of the court. His opening statement is what rings most important to me.
“Vague laws invite arbitrary power.”
It is good to see the Democratic politician’s hyperbole surrounding his confirmation not bear out. I believe the role of the Supreme Court is to protect the citizen from the overreach of government. Justice Gorsuch remains consistent with what he said during his confirmation. He believes it is his duty to interpret the law as the founders would have us understand it, but if the law is unjust and it affects the citizen his first duty is to protect the citizen.
There will be those who condemn him for this decision, but most of that will be along the political boundaries we have divided ourselves into.
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