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Neil Gorsuch and the Deconstruction of the Administrative State


Neil Gorsuch and the Deconstruction of the Administrative State

Marjorie Cohn

When Donald Trump’s chief of staff Reince Priebus addressed the Conservative Political Action Committee in February, he identified two priorities of the administration: the confirmation of Neil Gorsuch to the Supreme Court, and deregulation.

It turns out that elevating Gorsuch to the Supreme Court and achieving deregulation are inextricably linked.

During Gorsuch’s confirmation hearing, Democratic members of the Senate Judiciary Committee challenged him on his pro-business positions.


Here in Minnesota the right wing low information voters (with the biggest mouths) like to refer to Al Franken as a clown or worse. They cite his stint on Saturday Night Live as proof of his lack of class or abilities.

I listened to much of Senator Franken's grilling of Gorsuch. I am in awe of Senator Franken's knowledge, vocabulary, and his ability to think on his feet. He did not let Gorsuch off the hook.

Al Franken for President, anyone?


On NY's WBAI FM 99.5 this morning, (either Dem. Now! or Guns and Butter) Gorsuch ran a Pro Fascism Club in college for 4 years?

Who will defend the Indefensible?


If it's possible, check out Al taking FOX's Bill O'Reilly apart, to his face, while they were on concurrent Book Tours.
It was originally broadcast on CSPAN.


The "fascism club" is actually a bit of an inflation of one of those yearbook jokes that stupid kids do when they have no thought of one day being considered for the Supreme Court. And it was his prep-school yearbook, not college. Snopes has a good, clear evaluation of the claim (and finds it false):

I think the deregulation (libertarian) argument is much more disturbing. We can block attempts by Congress to dismantle themselves (which they don't really want to do) and resist what's going on in the executive branch, but we need the backup of a real judiciary to do it.

I'm just seeing (MSNBC) that the Democrats on the Judiciary Committee have won an argument to chair Grassley that they need more time to review the material from the hearings, and the vote has been postponed a week.


Guess I touched a nerve, Flagged


The SCOTUS confirmation is of greater consequence than everything else the Senate will address in 2017 COMBINED.
Gorsuch would be one of the youngest SCOTUS justices in history and we and our descendants will likely be stuck with him beyond mid-century.

Is a filibuster enough or shouldn't the Dems demand delaying any SCOTUS appointments until Trump's espionage record is cleared ?


Upon just now listening to the WBAI archive, it turns out that the show, this morning, was 'Law and Disorder', hosted by Attorneys Heidi Boghosian and Michael Steven Smith, that divulged that, while attending an Elite Catholic Prep School, in Washington DC, Freshman Neil Gorsuch FOUNDED a group called "Fascism Forever" and kept it going for FOUR YEARS. Michael then quoted the Poet, John Milton's, observance that "Childhood shows the Man, as Morning shows the Day."


If deconstruction and deregulation is their game, once determined these maniacal moves are an endangerment to humans, a Federal Judge would likely rule against this madness.

Al Franken has more integrity than the lot of those who demean him.

Gorsuch for dog catcher.


You are continuing to spread false interpretation. Look at the Snopes analysis and you'll see all the evidence of the "Fascism Forever" club anyone has produced, along with a quite reasonable explanation. Yes, it was shorthand for his opposition to the liberalism of the faculty, but there is no evidence whatsoever that such an actual club existed other than in the sophomoric humor of prep-school boys. Just because the purveyors are attorneys does not mean they have looked past the surface to compose their song to their choir.


Guess I hit another nerve, Flagged.


Maybe not president, but definitely a presidential advisor.


Please, let's hold down on the flagging stuff for no real reason. Franken is my Senator and I like him a lot. I'd sure like to see this corporate tool blocked as a Justice, but they can likely find lots more where he came from.


The issue of "the administrative state" is such a tricky one--a mixed bag.

This is where a lot of "red tape" issues come in to play. When we complain about too much government over-sight, or too much bureaucracy, this is what we're complaining about. There is a lot of corruption all throughout these bureaucracies, millions if not billions of dollars wasted, but we make a mistake by throwing the baby out with the bath water!

The Repubs have been talking about this for years! Yes--in an ideal world, it would be nice if we had competent, enlightened people who were in key positions in government, i.e., Congress, who could make fair, honest decisions in all cases--but we don't...hence, all the "protective" agencies built in to our government, who make the real decisions.

If the administrative state is eliminated, that means all those "incompetent" politicians would be forced to make all the decisions. Men like Gorsuch would then be the interpreters of the law of the land.

All humans are fallible. Our government is a seething, roiling, pit. We have very little checks and balances--corruption has taken care of that. But then...Angels and Demons! It's a toss-up at present.


This smug pos will be only too glad to assist Preznit Bannon with his publicly stated agenda of deconstruction.


A small grammatical point: People keep applying the word "conservative" to people who are anything but. It's one more example of where the plutocrats have been able to warp our very language in their favor.

A conservative is one who tends or is "disposed to maintain existing views, conditions, or institutions."

Yet here's a line from the article:"Deregulation serves the interests of big business, a key conservative goal." Deregulation, especially as envisioned by the Trump administration, does not maintain existing institutions, it shreds them.

And the article says "Gorsuch is a staunch, longtime conservative judge." Yet he's obviously happy to turn his back on precedent if it doesn't jibe with his philosophy.

To call these folks conservative gives them a gravitas they don't deserve. Let's call them what they are: right-wing extremists or reactionaries.


Perfect insight.


I would vote for Franken in a heartbeat!


I AGREE! "All Democratic senators should filibuster the nomination of Gorsuch for associate justice of the Supreme Court. His right-wing ideology and Bannon’s frightening agenda would dismantle important protections and endanger us all."