Last Tuesday, the Supreme Court voted on ‘Session v. Dimaya’, a case that challenged 18 U.S.C. § 16(b), a statute defining certain “aggravated felonies” for immigration purposes, as ‘unconstitutionally vague’.
James Dimaya, a native from the Philippines who had legally immigrated to the U.S in 1992, was convicted on two separate counts of residential burglary one in 2007 and and another in 2009. Due to these crimes, the United States government had set a date to deport Dimaya in 2010, declaring these convictions were “aggravated felonies”, specifically quoting the Immigration and Nationality Act that should’ve led to his deportation.
Categorically, the government went back and forth to say that Dimaya’s convictions fell within the “residual clause” of “the definition of a ‘violent crime’, which included ‘any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense'”.
Newly confirmed nominee conservative judge Neil Gorsuch had been hand picked by President Donald Trump, shortly after his inauguration to have the Supreme Court leaning right. However, on Tuesday, Gorsuch fell short of what he’s supposed to bring to the table.
Instead of voting according to his party affiliation, he sided with liberal judges Elena Kagan, Stephen Breyer, Sonia Sotomayor, and ’empowering’ Ruth Bader Ginsburg, making the vote 5-4 in favor of James Dimaya.
Surprisingly, President Trump didn’t catch the fact that Gorsuch is actually quite moderate when it comes to immigration reform, something absolutely necessary at the moment. While Gorsuch has participated in over 2700 cases, the results are quite shocking. In immigration cases, Gorsuch supported immigrants 10% of the time, a bit higher than the Tenth Circuit average of 9%.
According to a FiveThirtyEight report, Gorsuch actually leans more left than right since 2006, an extremely disappointing figure for Trump and conservatives across the United States.
Jorge Velasco is the founder and CEO of theDailyLead.