McKenna on KIRO: Gorsuch joins liberal justices on immigration case

KIRO 97.3 host Dave Ross asked Rob about a recent immigration case at the U.S. Supreme Court where the newest justice, Neil Gorsuch, joined with the four liberal justices to invalidate a requirement to deport. The majority ruled in Sessions v. Dimaya that the law was unconstitutionally vague.

Dave Ross: “Clarence Thomas is also an originalist, so you’ve got two originalists who are on opposite sides. I mean, Clarence Thomas said that he wasn’t convinced legal immigrants in the U.S. have any due process rights. If you burglarize – we let you in, you commit two burglaries – out you go.”

Rob McKenna: “So here’s the other conservative view on statutory interpretation, which I think we’re seeing in Justice Thomas’ dissent here and in other cases. He’s saying, ‘Look, if it’s too vague than the answer is to correct it in Congress. Let the legislative body correct it.’

“Your remedy is to go to the Congress and say, this law is imperfect, it’s too vague, it’s too broad. It doesn’t make sense that someone convicted of two non-violent felonies would be deported after 25 years, under a statute which refers to a crime of violence – this was not a crime of violence – so let’s go to Congress and say, ‘Hey, you need to look at the individual facts of the case, not just the category of the crime, like burglary.’

“So that’s another conservative approach, [which] is, don’t let the judges make the decisions, let’s have the Congress do it.”

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