Gorsuch Warns of Regulatory Overreach in U.S. Legal System
Supreme Court Justice Neil Gorsuch highlights the growing complexity of U.S. laws and its impact on citizens. He argues for simplification and improved civic education to address regulatory challenges.
Neil M. Gorsuch, Associate Justice of the U.S. Supreme Court, has expressed concern over the increasing complexity of American regulations and their impact on citizens. Speaking at the Ronald Reagan Presidential Library, Gorsuch highlighted the dramatic expansion of U.S. laws and regulations over the past century.
The justice, who has served on the Supreme Court since 2017, pointed out that less than 100 years ago, all U.S. laws could be contained in a single volume. Today, however, the Federal Register, which lists government regulations, spans approximately 60,000 pages. This expansion has led to an estimated 5,000 federal crimes, creating what Gorsuch describes as a "Kafkaesque maze" for ordinary Americans.
To illustrate his point, Gorsuch shared several anecdotes from his co-authored book, "Over Ruled: The Human Toll of Too Much Law." One notable example involved a Florida fisherman charged under a law originally intended to address corporate fraud. The case reached the Supreme Court, which overturned the conviction in 2015, demonstrating the unintended consequences of complex legislation.
Gorsuch attributes this regulatory expansion to various factors, including the erosion of community bonds and trust. He emphasized the importance of civic education, expressing concern over the decline in civics classes and Americans' understanding of government structure.
"It's there for the moments when the spotlight's on you, when the government's coming after you. Don't you want a ferociously independent judge and a jury of your peers to make those decisions? Isn't that your right as an American?"
The justice's comments come amid ongoing discussions about potential reforms to the Supreme Court. While Gorsuch refrained from directly commenting on specific proposals, he cautioned against changes that could compromise judicial independence.
In recent years, the Supreme Court has issued several rulings limiting federal agency powers. These decisions include striking down the 40-year-old Chevron doctrine, which previously required courts to defer to federal agencies' interpretations of ambiguous statutes. The court has also restricted the Environmental Protection Agency's authority in various areas and limited the Securities and Exchange Commission's use of in-house tribunals.
These developments reflect a broader trend of the Supreme Court reassessing the balance of power between federal agencies and the judiciary. As the legal landscape continues to evolve, Gorsuch's call for simplification and improved civic education underscores the ongoing challenges in navigating the complex U.S. legal system.
