Tuesday 31 January 2017

President Trump nominates Neil Gorsuch for Supreme Court

President Donald Trump will nominate Judge Neil Gorsuch to the Supreme Court, Trump announced Tuesday night at the White House.
The nomination of Gorsuch, a 49-year-old federal appellate judge from Colorado, gives Trump and Republicans the opportunity to confirm someone who could cement the conservative direction of the court for decades.

His selection also sets up an intense fight with Senate Democrats, still angry over the Republicans' decision to essentially ignore former President Barack Obama's nomination of Judge Merrick Garland for the empty Supreme Court seat last year.
Introducing Gorsuch, Trump said he had committed as a candidate to "find the very best judge in the country for the Supreme Court."
"Millions of voters said this was the single most important issue for them when they voted for me for president," Trump said. "I am a man of my word."
"Today I am keeping another promise to the American people by nominating Neil Gorsuch to the Supreme Court."
Trump made the announcement after an unusual day in which both top candidates for the nomination -- Gorsuch and Judge Thomas Hardiman -- were brought to Washington as the suspense built.
The court has been operating with eight justices since the sudden death last February of Justice Antonin Scalia. If confirmed, Gorsuch would continue the ideological balance that existed before Scalia's death, with four conservatives, four liberals and Justice Anthony Kennedy as a swing vote between the blocs.
Trump selected Gorsuch -- who sits on the 10th Circuit Court of Appeals -- from a list of 20 potential justices compiled during the presidential campaign in a direct appeal to conservative and evangelical voters skeptical about his commitment to their values.
Gorsuch's opinions on religious liberty, where he sided with the challengers to the so-called Obamacare contraceptive mandate, and on the separation of powers, where he said too much deference was given by the courts to administrative agencies, are key to his appeal to Republicans. As is his age. At 49, he could carry on Trump's legacy long after the President leaves office.

Unlike others on Trump's list, Gorsuch has an Ivy League pedigree, having attended Columbia and Harvard, and also studied at Oxford, where he earned a doctorate in legal philosophy.
Gorsuch is a fourth-generation Coloradan and a former clerk to both Justices Byron White and Anthony Kennedy.
"It is an extraordinary resume. As good as it gets," Trump said.
"The qualifications of Judge Gorsuch are beyond dispute," Trump said. "I only hope that Democrats and Republicans can come together for one, for the good of the country."
On the bench he joined an opinion siding with closely held corporations who believed that the so-called contraceptive mandate of Obamacare violated their religious beliefs. The ruling was later upheld by the Supreme Court. Gorsuch wrote separately holding that the mandate infringed upon the owners' religious beliefs "requiring them to lend what their religion teaches to be an impermissible degree of assistance to the commission of what their religion teaches to be a moral wrong."
He also wrote a majority opinion in a separation of powers case holding that too much deference was given to administrative agencies. This issue is a favorite of conservatives and Gorsuch's beliefs align with those of Scalia and Justice Clarence Thomas.
Gorsuch, in a speech last year at Case Western Reserve University School of law, aligned himself with Scalia's judicial philosophy.
"The great project of Justice Scalia's career was to remind us of the differences between judges and legislators. To remind us that legislators may appeal to their own moral convictions and to claims about social utility to reshape the law as they think it should be in the future, " he said. "But that judges should do none of these things in a democratic society."
At the White House Gorsuch he would faithfully commit to upholding the laws of the nation, saying he would act as a "servant of the Constitution and laws of this country."
Like Trump, he cited Scalia as a model.
"Justice Scalia was a lion of the law," he said.

Trump sacks defiant acting attorney general Sally Yates

Donald Trump has fired the acting US attorney general after she questioned the legality of his immigration ban.

Sally Yates, who was appointed by Barack Obama, ordered justice department lawyers not to enforce the president's executive order.

A White House statement accused Ms Yates of "betraying" the justice department and being "weak on borders".

Mr Trump replaced her with Dana Boente, US attorney for the Eastern District of Virginia.

Mr Boente said he was "honoured to serve President Trump" and immediately directed his department to enforce the controversial order.

Mr Trump also replaced the acting director of the US Immigration and Customs Enforcement, Daniel Ragsdale, who has been in the post since 20 January. He is the former deputy director.

No reason was given for Mr Ragsdale's sacking. He has been replaced by Thomas Homan, the executive associate director of enforcement and removal.

Mr Trump's order temporarily banned nationals from seven Muslim-majority countries from entering the US, and sparked street protests in the US and abroad.