Gorsuch, joined by Sotomayor(!), writes that SCOTUS should've taken a Confrontation Clause case

[mahatmakanejeeves]

Last edited Mon Nov 19, 2018, 11:24 AM - Edit history (1)

WhatCouldGoWrongHat Retweeted

Gorsuch, joined by Sotomayor(!), writes that SCOTUS should’ve taken a Confrontation Clause case and affirmed defendants’ right to cross-examine forensic analysts at trial. (I think he’s absolutely correct.) https://www.supremecourt.gov/orders/courtorders/111918zor_q86b.pdf …

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Scalia was the court’s Confrontation Clause champion, and it appears Gorsuch is eager to continue his legacy. Good for him.

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SCOTUSblog Retweeted

#SCOTUS denies review in Stuart v Alabama, involving introduction of blood-alcohol testing w/out testimony from analyst who performed test. Gorsuch dissented from denial, joined by Sotomayor.

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The running tally is:

DUers, opposed to cross-examination (Betsy DeVos wants to let accused sex abusers cross examine their victims);

Gorsuch, in favor of cross-examination.

[hlthe2b]

1. Like a lot of CO conservatives, Gorsuch has strong Libertarian underpinnings...

Unfortunately, his Corporatist ties are equally strong, so we can expect a lot of seeming paradoxical votes from him, I think.

[qazplm135]

2. The only thing Scalia was good on was 4th amendment stuff

Gorsuch is a mini-Scalia so makes sense.

[mahatmakanejeeves]

3. Scalia was a junkyard dog on 1A.

Texas v. Johnson

Texas v. Johnson, 491 U.S. 397 (1989), was a decision by the Supreme Court of the United States that invalidated prohibitions on desecrating the American flag enforced in 48 of the 50 states. Justice William Brennan wrote for a five-justice majority in holding that the defendant Gregory Lee Johnson's act of flag burning was protected speech under the First Amendment to the United States Constitution. Johnson was represented by attorneys David D. Cole and William Kunstler.
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The Supreme Court's decision

The opinion of the Court came down as a controversial 5–4 decision, with the majority opinion delivered by William J. Brennan, Jr. and Justices Thurgood Marshall, Harry Blackmun, Antonin Scalia, and Anthony Kennedy joining Brennan, with Kennedy also writing a concurrence.
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