Gorsuch, Sotomayor Team Up to Champion a Scalia Cause
"I still have two relatively new colleagues, one very new colleague, Brett Kavanaugh and Neil Gorsuch. And we've agreed in quite a few cases, we've disagreed in a bunch," Sotomayor said in a recent interview.
November 19, 2018 at 02:47 PM
5 minute read
The late Justice Antonin Scalia led a revolution in how to interpret the constitutional right to confront your accuser. Justice Neil Gorsuch on Monday seemed ready to carry the flag.
As a judge on the U.S. Court of Appeals for the Tenth Circuit, Gorsuch, who took Scalia's seat after his death in 2016, had not written on the scope of the Sixth Amendment's confrontation clause. But in a dissent Monday in an Alabama drunk-driving case, Gorsuch offered a hint of where he may be headed. Gorsuch, joined by Justice Sonia Sotomayor, had urged the court to take up the case.
“Because cross-examination may be 'the greatest legal engine ever invented for the discovery of truth,' the Constitution promises every person accused of a crime the right to confront his accusers. That promise was broken here,” wrote Gorsuch, citing a 1970 Supreme Court decision.
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