Law360 (June 27, 2019, 5:58 PM EDT) -- When you look beyond the surface, United States v. Davis may be one of the more interesting and significant cases of the term. Justice Neil Gorsuch joined with the four liberal members of the court to strike down a popular federal criminal statute. Justice Brett Kavanaugh issued a peppery dissent accusing the majority of a lack of judicial restraint and faulty statutory interpretation. The case contains a fascinating constitutional debate between Justice Gorsuch and Justice Kavanaugh as to what constitutes the right result under principles of judicial restraint.
The case begins with a series of armed robberies of gas stations in...
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