Additional Coverage:
- Americans are ‘getting whacked’ by too many laws and regulations, Justice Gorsuch says in a new book (newsbreak.com)
WASHINGTON — Supreme Court Justice Neil Gorsuch criticizes the abundance of laws and regulations burdening Americans in his forthcoming book, emphasizing his long-held doubts about the extensive powers held by federal agencies.
In a conversation with The Associated Press at his Supreme Court office, Gorsuch expressed concerns that excessive legislation could undermine safety and freedom. “Too little law and we’re not safe, and our liberties aren’t protected,” he said. “But too much law and you actually impair those same things.”
His book, “Over Ruled: The Human Toll of Too Much Law,” set to release Tuesday by Harper, an imprint of HarperCollins Publishers, explores these themes. Gorsuch’s financial disclosures reveal a $500,000 advance for the publication.
During the interview, Gorsuch avoided commenting on proposals by President Joe Biden regarding term limits or a binding ethical code for justices, timely issues amid growing public scrutiny of the court’s integrity. Fellow Justice Elena Kagan has argued for enforceable standards, referring to the court’s own ethics code established last November.
However, Gorsuch did emphasize the significance of judicial independence, describing the U.S. judiciary as a globally admired institution.
Appointed by former President Donald Trump, Gorsuch was the first of three nominations that secured a conservative dominance on the Court. This majority has notably overturned Roe v. Wade, ended affirmative action in academia, broadened gun rights, and scaled back environmental regulations.
Recently, the Court concluded a term where Gorsuch and other conservative justices challenged federal administrative practices in several key cases. On these occasions, the Court’s three liberal justices consistently dissented.
Gorsuch was also part of a majority in a ruling granting broad immunity to former presidents from criminal prosecution, a decision that has postponed legal proceedings against Trump related to election interference.
In his book, co-written with former law clerk Janie Nitze, Gorsuch turns attention away from high-profile controversies to highlight everyday Americans—such as fishermen, magicians, and farmers—whose lives have been severely impacted by stringent regulations.
Recounting his 18-year judicial career, Gorsuch reflected on the frequent encounters with “ordinary Americans” unexpectedly penalized by obscure rules. He criticized both federal and state governments for their prolific output of complex legislation, which has become overwhelming for the average citizen.
The narrative includes a case involving John Yates, a Florida fisherman embroiled in a legal battle over discarding undersized grouper, highlighting the often disproportionate and far-reaching impact of such laws.
Gorsuch’s book also revisits his critiques of administrative law, from his days in a federal appeals court in Denver to his recent comments on governmental overreach during the COVID pandemic, which he labeled one of the most significant infringements on civil liberties outside of wartime.
While his conservative leanings are evident, Gorsuch has occasionally aligned with the Court’s liberal justices, particularly in cases involving workplace rights for LGBTQ individuals and issues concerning Native Americans.
The justice recently returned from teaching in Porto, Portugal, and is scheduled for an event at the Ronald Reagan Presidential Library in California to discuss his new book. On the day he met with the AP, he lightened the mood with personal touches, including offering snacks and engaging in casual banter.
Justice Gorsuch’s release coincides with another judicial memoir on the horizon, as Justice Ketanji Brown Jackson prepares to launch her book “Lovely One” next month.