Restraining Justice

You will recall that President Biden recently announced a plan to fundamentally transform the Supreme Court. The left is furious that there is one branch of government they don’t control, and they intend to bring the court to heel.

But the Constitution created the Supreme Court as a separate and co-equal branch of government. It is not supposed to be subservient to the other branches of government. Nor is it supposed to be a rubber stamp for the left’s radical agenda.

In an interview with Fox News yesterday, Justice Neil Gorsuch was asked about Biden’s scheme to transform the court. He wisely refused to get drawn into the presidential race by directly criticizing Biden’s proposal. But he did say this:

“I have one thought to add: It is what the independent judiciary means -- what does it mean to you as an American? It means that when you are unpopular, you can get a fair hearing under the law and under the Constitution. If you are in the majority, you don't need judges and juries to hear you and protect your rights. You are popular!

“It’s there for the moments when the spotlight is on you when the government is coming after you. And don’t you want a ferociously independent judge and a jury of your peers? Isn’t that your right as an American? And, so, I just say, be careful.”

Justice Gorsuch also discussed his new book, “Over Ruled: The Human Toll of Too Much Law.” He warned about the explosion of new laws and regulations, saying:

“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. [Since] 1970 to present, we’ve seen maybe a doubling in the number of federal crimes on the books . . . and that’s just the tip of the iceberg because federal agencies have been busy, too.”