A new tie-breaker has emerged within the U.S. Supreme Court. That Court has been split between four progressive justices and a changing list of five conservative justices. For several years, Justices Ginsberg, Kagan, Breyer and Sotomayor have made up the progressive wing. Chief Justice Roberts has been a tie-breaker with the progressives on a few occasions, most notably in upholding Obamacare. Justice Kennedy has sided with the progressives more often, and recently in support of gay marriage. Justices Alito and Thomas are always with the conservatives. Hence, we have a now growing list who are willing to join the progressives for an ever-changing majority.

Yes, the new justice, Neil Gorsuch, has become the newest tie-breaker with his vote and concurring opinion in Sessions v. Dhimaya, decided on April 17. With his concurrence declaring a portion of the Immigration and Nationality Act void for vagueness by rendering an alien deportable because of conviction of an “aggravated felony” or what is termed a “crime of violence.”

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