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In Big Independence Move – Justice Gorsuch Opts Out of Petition ‘Cert Pool’

President Trump made a great decision when he nominated Judge Neil Gorsuch to the Supreme Court.

Not only does he impress everyone with his deep knowledge of the law and judicial expertise, but he just made a move that is showing exactly the type of independent thinker we need on the Court.

Justice Gorsuch has decided to opt-out of the “cert pool.” The pool is a collection of law clerks who read the near 8,000 petitions received by the court a year. The pool then recommends which petitions deserve a hearing and which do not.

The pool is used by nearly all the justices, but Gorsuch opting out is sending his fellow justices a big signal.

More via Daily Caller:

In choosing not to join the pool, Gorsuch is flashing an independent streak. By having his own staff review each petition, he may be signaling misgivings about the judgements of other chambers, or of pool memos prepared by clerks who don’t share his interpretative commitments. Under the cert pool system, the justices must accept that a significant portion of petitions are reviewed by young clerks who may not share their opinions on a wide range of legal issues.

This is what we need! Gorsuch is not going to just take the word of random clerks from the more leftist judges; he is getting his hands dirty with the ink of JUSTICE!

Even before he was on the court, Gorsuch was shown to be a man of superior intelligence and ability.

The pool itself is subject to great scrutiny by people familiar with the history of the Supreme Court. Gorsuch’s decision might reflect a belief that the pool prevents the court from fulfilling its full duties:

Detractors argue it empowers well-credentialed but unseasoned law clerks, privileges certain parties over others, and has resulted in a dramatic decrease in the size of the Court’s docket.

With respect to docket size, critics claim the cert pool incentivizes risk-averse behavior among clerks, who fear the pronounced embarrassment that attends recommending a grant for a case which the justices later dismiss as “improvidently granted.” As a result, they claim, the conservative posture of the clerks causes worthy cases to be dismissed, leaving important controversies unresolved.

Sounds like a smart move. Justice Gorsuch joins Justice Alito as the only other member of the court to not participate in the pool. Perhaps this will lead to a new tradition of justices doing more of their petition reading!

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