10/4/2017

NEIL GORSUCH/SUPREME COURT: “Justice Neil Gorsuch, President Donald Trump’s appointee to the Supreme Court, joined liberal colleagues Wednesday [10-4-17] in sharply questioning government arguments that criminal defendants forfeit all rights to appeal after entering a plea bargain.
Since his April appointment, Justice Gorsuch’s remarks and votes nearly always have placed him on the court’s right. This week’s arguments suggested, however, that like his late predecessor, Justice Antonin Scalia, Justice Gorsuch’s legal philosophy sometimes may lead him to split with fellow conservatives and back procedural protections for criminal defendants…
Federal and state prosecutors win more than 90% of criminal cases without persuading a jury; defendants nearly always agree to plead guilty under threat of harsher punishment should they be convicted after opting for a trial.
Picking up on a question by Justice Stephen Breyer, Justice Gorsuch suggested that a defendant who pleads guilty admits the factual allegations in an indictment—but not that those actions necessarily are illegal.”

-Jess Bravin, “Gorsuch Joins Court’s Liberals Over Protections for Criminal Defendants,” The Wall Street Journal online, Oct. 4, 2017 06:23pm