Justice Neil Gorsuch is draining the legislative swamp. The newly confirmed Justice hasn’t even been a Supreme Court Justice for a full month now and already he is setting fires everywhere.
On Monday, the young justice reignited the fire of liberty and broke with 40 years of business as usual, when he flat-out refused to join the SCOTUS “cert pool.”
But wait, what exactly is this “cert pool” and how big of a deal is this? Well, the cert pool was established in 1973 during the early days of the Burger Court, in order to efficiently review the near 8,000 petitions received each term. In practice, the petitions are apportioned among the Court’s law clerks, who then circulate a memo to the justices recommending a grant or denial.
But that’s just the problem — this process gives the power in these 8,000 cases to the law clerksinstead of the Justices. It also would allow for third parties to unfairly influence a case through the clerks.
The Supreme Court is not supposed to behave like this — that’s why Justice Gorsuch, in a monumental move, put his foot down and said it is “not” okay to pass off judgments to the discretion of legal clerks.
This keeps our Constitution at the forefront and reduces drastically the possibility of fraud or abuse.
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