Tale of Two Gorsuches at ‘Crimmigration’ Arguments

Justice Neil M. Gorsuch revealed two sides of himself during oral arguments in contentious “crimmigration” cases—at the intersection of immigration and criminal law—during the first two days of the U.S. Supreme Court’s 2017 term (Sessions v. Dimaya, U.S., No. 15-1498, argued 10/2/17, Jennings v. Rodriguez, U.S., No. 15-1204, argued 10/3/17).

Gorsuch took a circumspect view of the government’s case on the first day in Dimaya, but the few questions he asked the next day, in Jennings, gave little hint at his leanings in the case. Both cases address significant questions of executive authority and the ...