If Justice Neil M. Gorsuch follows the path of Justice Anthony M. Kennedy, the Supreme Court justice for whom he clerked, 1993-94, Republicans may come to regret that they ended to Supreme Court filibuster to put Justice Gorsuch on the court.  Indeed, let's take this a step farther: if Justice Gorsuch proves to be a clone of Justice Kennedy, Republicans might consider legislation barring nominees to the Supreme Court who clerked for a justice while that justice is still sitting on the court. It's curious that this issue did not come up while the nomination of Justice Gorsuch was pending.  But then, Democrats would have no cause to complain if Justice Gorsuch ruled under the influence of his mentor.  Adam Liptak pointed out in The New York Times, April 10, that "in important decisions on gay rights, abortion and affirmative action," Justice Kennedy joined the Court's "liberal bloc." Looking ahead, let's imagine that...(Read Full Post)