Associate Justice of the Supreme Court of the United States since 2017 (born 1967)
Neil McGill Gorsuch (August 29, 1967) is an Associate Justice of the Supreme Court of the United States. Gorsuch is a proponent of textualism in statutory interpretation, originalism in interpreting the U.S. Constitution, and is an advocate of natural law philosophy.
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Despite my real concerns, though, I confess I remain an incorrigible optimist. America has overcome daunting odds time and again. At our nation's birth, almost no serious thinker in Europe thought a democracy could survive long without devolving into chaos or tyranny Yet almost 250 years later, here we stand. For much of our history, the promise of equal treatment under the law looked more like an unserious fiction than an earnest ambition. Yet while much remains to be done, we have made many strides to realize that promise, from the Civil War to the Civil Rights Act of 1964. World wars, terrorist attacks, political assassinations, economic depressions, the fall of other countries to communism and fascism, and so much more have tested our nation, too. Still, America remains the greatest beacon of liberty the world has ever known. The ideals embodied in our Declaration of Independence- that each of us enjoys certain inalienable rights, that all of us are created equal, that governments derive their just power from the consent of the governed- have inspired billions of people around the world and captured truths that resonate in every human heart. I would never bet against the American people.
In truth, the push and pull between national and local authorities that federalism allows has nothing to do with benefiting one party or another; it has more to do with the fact that no single government can always get it right. Protecting federalism means ensuring that when one government loses its way, another can help light the way back.
Numbers tell part of the story, but only a part. Today, the law touches our lives in very different ways than it once did. In the past, the rules that governed what happened in our homes, families, houses of worship, and schools were found less in law than in custom or were left to private agreement and individual judgement. Even in the areas of life where law has long played a larger role, its character has changed. Once, most of our law came from local and state authorities; now, federal law often dominates.
If you were to sit down to read through all of our criminal laws and regulations- or at least flip through them- you would find plenty of surprises, too. You would learn, for example, that it's a federal crime to "injure[]" a government-owned lamp in Washington, D.C., consult with a known pirate, or advertise wine by suggesting its intoxicating qualities. The truth is, we now have so many federal criminal laws covering so many things that one scholar suggests that "there is no one in the United States over the age of 18 who cnanot be indicted for some federal crime." In case you think that's an exaggeration, he adds: "That is not an exaggeration."
It's a state of affairs that sometimes makes it hard not to wonder how far we have left to travel to a world described by Lavrentiy Beria, the chief of Joseph Stalin's secret police, who was reputed to have bragged, "Show me the man and I'll show you the crime." Don't think it can happen here? Ask John Yates, who was convicted for an offense he'd probably never heard of, one that few would have imagined would apply to him, and one that robbed him and his family of the life they cherished.
Judicial decisions, as well, contain vital information about how all our laws and rules operate. Today, most of these decisions can be found on searchable electronic databases, but some come with high subscription fees. If you can't afford those, you may have to consult a library. Good luck finding what you need there: reported federal decisions now fill 5,000 volumes Each volume clocks in at about 1,000 pages, for a total of more than 5 million pages. Back in 1997, Thomas Baker, a law professor, found taht "the cumulative output of all the lower federal courts... amounts to a small, but respectable library that, when stacked end-to-end, runs for one-and-one-half football fields." One can only wonder how many football fields we're up to now.
Over the years, I have asked myself what I can do about the problem of too much law. Ultimately, I always circle back to the same answer: not much. As a judge, my job is to apply the law. I cannot change the underlying impulses that have led us to a society to regulate ever more, criminalize ever more, and punish ever more. The best I can do is share with you what I have seen from my unusual vantage in our legal system. Judges are not supposed to live "isolated from... society" but are encouraged to engage in a "wide range" of life's activities and "contribute to the law, the legal system, and the administration of justice." Many of my colleagues and predecessors have done just that, offering thoughtful books on an array of topics. It is in that same spirit that I offer this book.
But if any real and lasting change is possible, it will not come from judges like me. It will come from people whose stories are recounted here. As Havel witnessed during the fall of communism, many of the deepest changes in his own society came from "unknown... people who wanted no more than to be able to live within the truth, to play the music they enjoyed, to sing the songs that were relevant to their lives, and to live freely in dignity and partnership... They had been given every opportunity to adapt to the status quo... Yet they decided on a different course."
From the ordinary public meaning of the statute’s language at the time of the law’s adoption, a straightforward rule emerges: An employer violates Title VII when it intentionally fires an individual employee based in part on sex. It doesn’t matter if other factors besides the plaintiff ’s sex contributed to the decision. And it doesn’t matter if the employer treated women as a group the same when compared to men as a group. If the employer intentionally relies in part on an individual employee’s sex when deciding to discharge the employee—put differently, if changing the employee’s sex would have yielded a different choice by the employer—a statutory violation has occurred. Title VII’s message is “simple but momentous”: An individual employee’s sex is “not relevant to the selection, evaluation, or compensation of employees.” (Price Waterhouse v. Hopkins, 490 U. S. 228, 239 (1989) (plurality opinion)). The statute’s message for our cases is equally simple and momentous: An individual’s homosexuality or transgender status is not relevant to employment decisions. That’s because it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.
The consequences of the law’s focus on individuals rather than groups are anything but academic. Suppose an employer fires a woman for refusing his sexual advances. It’s no defense for the employer to note that, while he treated that individual woman worse than he would have treated a man, he gives preferential treatment to female employees overall. The employer is liable for treating this woman worse in part because of her sex. Nor is it a defense for an employer to say it discriminates against both men and women because of sex. This statute works to protect individuals of both sexes from discrimination, and does so equally. So an employer who fires a woman, Hannah, because she is insufficiently feminine and also fires a man, Bob, for being insufficiently masculine may treat men and women as groups more or less equally. But in both cases the employer fires an individual in part because of sex. Instead of avoiding Title VII exposure, this employer doubles it.