Judge Andrew Napolitano admits he’s ecstatic over the selection of Judge Neil Gorsuch as the successor to fill Justice Scalia’s vacancy on the Supreme Court. He tells Tucker Carlson, “He is probably the most worthy jurist in the country to fill the shoes of Antonin Scalia, for a couple of reasons.”
He says, “One is a healthy skepticism about the ability of the government to regulate the economy and to regulate our personal lives.” He also “embraces the idea of originalism, which simply means the meaning of the Constitution was fixed at the time it was ratified and it’s only been changed each time it was amended 27 times. And if it’s going to be changed again, the states have to amend it. The court can’t amend it. So it’s not what Justice Ginsberg thinks it is, a living breathing document that changes when the politicians need the change.”
Carlson notes that originalists generally take a dim view of executive orders, noting the prominence and frequency of use they have found in recent presidential administrations, including the initial stages of the current one. Napolitano says, “There would be implications in that if the executive orders are tantamount to making the law. For example, when Barack Obama issued a series of executive orders, it’s actually 24 of them, affecting immigration, a trial judge in Texas ruled this is not the ‘president’ telling the Department of Homeland Security how to enforce the law, this is the ‘president’ changing the law in a way that the Congress specifically rejected.”
“That was upheld by the United States Court of Appeals for the Fifth Circuit in New Orleans,” says Napolitano, and then the Supreme Court split on a four to four tie, which basically upheld what the fifth circuit said. What President Trump is doing, so far, not only is everything that he promised he would be doing, but within the contours of the law. Telling the people who work for him in the executive branch how he wants them to exercise their discretion.”
Judge Napolitano notes that there are two significant cases coming before the Supreme Court in April. He warns, “If Chuck Schumer can delay this nomination confirmation until May or June, he will deny Judge Gorsuch’s fingerprints on these cases and they are profound. One, can the Department of Education force every school in the land that accepts federal funds, which is literally every school, to reconstruct their bathrooms for transgendered students.”
He continues, “Two, if a state decides to take, you’re not going to believe this, old automobile tires and turn them into a parking lot, can a Catholic Church use the parking lot for students to play a game of Wiffle ball on. In the court below it said no, that violates the First Amendment, it’s a conspicuous aid to religion.” He also points to EPA cases in which Gorsuch could be the deciding vote in overturning overreach. In some of those the EPA has already won in lower courts, which means a 4 – 4 split would spell a Supreme Court victory for the environazis. Gorsuch could be key to thwarting tyrannical EPA mandates.
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