Divisão entre os juizes de Trump?

Kavanaugh Accuses Gorsuch of Judicial Activism in Criminal Justice Case, por Damon Root (Reason).

Today the U.S. Supreme Court struck down a federal criminal statute on the grounds that its language is so imprecise that it violates the Constitution. "When Congress passes a vague law," declared the majority opinion of Justice Neil Gorsuch, "the role of courts under our Constitution is not to fashion a new, clearer law to take its place, but to treat the law as a nullity and invite Congress to try again."

Writing in dissent, Justice Brett Kavanaugh championed a very different sort of role for the courts. "A decision to strike down a 33-year-old, often-prosecuted federal criminal law because it is all of a sudden unconstitutionally vague is an extraordinary event," Kavanaugh complained. "The Court usually reads statutes with a presumption of rationality and a presumption of constitutionality."

The case is United States v. Davis. At issue is a federal statute which, in the Court's words, "threatens long prison sentences for anyone who uses a firearm in connection with certain other federal crimes. But which other federal crimes?" That is where the debate over vagueness comes in. The law itself calls for enhanced sentencing in cases involving felonies "that by [their] nature, involv[e] a substantial risk that physical force against the person or property of another may be used in the course of committing the offense."

Nisto parece-me haver uma diferença ideológica de fundo entre os dois juízes nomeados por Trump - Gorsuch parece andar perto de ser o que em todos os outros países do mundo se chamaria um "liberal" e Kavanaugh um típico neoconservador.