On August 8th and 9th, United States Supreme Court Justice Neil Gorsuch made appearances at the Reagan Library and Nixon Library, answering questions about his new book and signing copies for book buyers. Gorsuch expressed his concern over the increasing complexity of U.S. regulations, burdening Americans and often infringing upon their rights and livelihoods.
Currently, there are nine justices on the Supreme Court, each appointed by different presidents. Gorsuch was appointed by then-President Trump in 2017. His book “Over Ruled: The Human Toll of Too Much Law,” co-authored with former legal assistant Janie Nitze, took four years to write.
“I’ve been a judge for almost 20 years,” he told the audience, “I have seen many cases in court where ordinary Americans – honest, hardworking people – try their best, only to be slapped in the face by the law unexpectedly.”
Less than 100 years ago, U.S. laws could fit into a thin book, but now they occupy Gorsuch’s entire office bookshelf. He mentioned that the Federal Register listing government regulations is around 60,000 pages, with approximately 5,000 federal crimes. He pointed out that the expanding system has created a maze where Americans sometimes unknowingly violate regulations, and even regulatory agencies may not be aware of the laws they enforce.
Gorsuch explained that Congress has delegated many legislative responsibilities to agencies, which then create regulations. These regulations are enforced by administrative officials through charges, hearings, and trials on people. Gorsuch stated, “Today, an average American is 10 times more likely to face an administrative official than a judge.”
With the proliferation of laws covering all aspects of life, Gorsuch noted that everyone could potentially commit a federal felony. He cited several real-life stories from his book to illustrate his perspective.
One example is George Morris, who enjoyed growing orchids as a hobby, which turned into a post-retirement career. In 2003, federal agents raided his home, seizing 37 boxes of items including business records, computers, and storage disks. Morris was charged with illegal importation of orchid varieties, violating the Endangered Species Act and the Convention on International Trade in Endangered Species of Wild Fauna and Flora. He was sentenced to 17 months in prison, where he shared a cell with a murder suspect and a drug dealer. After his release, he stopped growing orchids.
Aaron Swartz, a tech prodigy and political activist advocating for an open internet, was arrested in 2011 for unauthorized access to MIT’s network to mass-download academic journal articles. He faced multiple charges under the Computer Fraud and Abuse Act, with a possible sentence of up to 35 years in prison and a $1 million fine. Swartz, who was only 26, refused a plea deal and tragically took his own life before the trial.
Gorsuch highlighted that around 94% of cases in today’s justice system are resolved through plea agreements, which he raised concerns about for lacking restrictions on prosecutors and oversight by judges, without needing a jury.
Another case referenced in “Over Ruled” involves Florida fisherman John Yates, who was arrested in 2007 for allegedly destroying evidence after officials found undersized red snapper on his ship. Despite winning the case in a 5-4 Supreme Court ruling, the taxpayers ended up paying $11 million for prosecuting the case involving missing fish.
Gorsuch emphasized the need for civics education, as he lamented the decline in church attendance, social clubs, and deepening political divisions in America. As the country approaches the 250th anniversary of the Declaration of Independence, he pointed out the fundamental principles it embodies regarding individual rights, equality, and the government’s power derived from the consent of the governed.
“People have the ultimate power in this country,” Gorsuch stated, urging a return to civic education in schools to foster public understanding of government systems, separation of powers, legislative structures, and the responsibilities of the executive branch.
“There is still much work to be done in cultivating civilization and civic awareness,” Gorsuch concluded.