Who Is Neil Gorsuch?

My VIP for this week is Supreme Court Justice Neil Gorsuch. Ahead of the publications of his new book, “Over Ruled: The Human Toll of Too Much Law,” Gorsuch warns Americans that there are dangers of “too much law.” According to S.A. McCarthy, Gorsuch said in a recent interview that an “explosion” of new laws could greatly limit the freedoms that Americans enjoy. 

“Some professors say that there are now so many federal laws on the books – crimes – that every American over the age of 18 commits one felony a day,” Gorsuch observed.

The justice explained that the number of federal crimes enumerated by law has roughly doubled since the 1970s. He noted, “That just counts what’s in the code, the U.S. code passed by Congress. That’s just the tip of the iceberg because federal agencies have been busy, too,” possibly alluding to the now-dismantled Chevron doctrine, which previously allowed federal agencies to interpret federal laws contrary to U.S. courts.

While the Chevron doctrine has been credited with allowing federal agencies to “overregulate” the actions of American citizens, Gorsuch also discussed the idea of conduct being “over-criminalized.”

He said, “On the one hand we need laws to keep us free and safe On the other hand, if you have too many laws, you impair those same freedoms and our aspirations for equality, too, because who can deal with a world with so much law?”

He continued, “As a judge now for 18 years, I just came to see case after case in which ordinary Americans – just trying to live their lives, not hurt anybody, raise their families – who are just getting whacked by laws unexpectedly.”

Gorsuch recounted that the IRS has been giving out incorrect answers on its hotline for those who wish to avoid accidentally committing tax-related crimes.

When questioned on why employees were providing wrong answers “about a third of the time,” Gorsuch summarized the IRS’s response, “Well, the IRS code has just gotten so complex and there are so many new laws.” He added, “There’s been an explosion in our laws, and it’s new and it’s in our lifetime.”

Addressing the cause of this “explosion in our laws,” Gorsuch laid emphasis upon the importance of trust between Americans.

“I have to trust you, you have to trust me. We may disagree – that’s the whole point of democracy is we vote. That’s the engine of democracy is disagreement,” he explained, continuing, “But when we lose our trust in one another, when we lose our trust in ourselves and our own judgement, where do we turn? We turn to the state, we turn to laws, we turn sometimes to people very distant from our own homes. Federalism gives way to nationalism.”

He adds, “And instead of nationalism being our laws made in Congress, it’s often moved over to agencies with less responsiveness to the American people.” …

For more from the interview, link here. Gorsuch Warns Against Too Many Laws (dailysignal.com)