Supreme Court Justice Neil Gorsuch shared his thoughts on President Biden’s proposals to reform the Supreme Court in a brief warning during an interview on Monday, describing it as potentially “dangerous.”
In a comprehensive interview with “America Reports” host Sandra Smith, Gorsuch discussed his latest book, “Over Ruled: The Human Toll of Too Much Law.” When asked about Biden’s suggestions for Supreme Court reforms, Gorsuch refrained from comment, stating, “You’re not going to be surprised that in a presidential election year I am not going to get into politics.”
However, Smith pressed him on concerns that Biden’s proposals might contravene the separation of powers.
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“I think that is a question all Americans have to ask,” Gorsuch answered.
“Too little law poses a risk to our freedoms and our dreams for equal treatment of all individuals. And perhaps too much law carries danger as well,” he added.
Gorsuch, appointed by Trump, cited James Madison, who warned against the pitfalls of excessive laws in the U.S.
“The greatest fear in a democracy is an overabundance of laws that ordinary Americans cannot comprehend. Madison pointed out that those with money and connections can navigate these complexities far better than the average citizen, placing everyone else at a disadvantage,” Gorsuch explained to Smith.
“This raises crucial questions about separation of powers today,” he continued. “In terms of federalism, as well as how much is handled by our legislative branch versus unelected officials.”
Smith also questioned Gorsuch regarding the declining trust in the Supreme Court, referencing polls indicating a majority of Americans support some reforms within the judicial branch.
WASHINGTON, DC – FEBRUARY 04: Supreme Court Justice Neil Gorsuch (L) and Supreme Justice Brett Kavanaugh attend the State of the Union address in the chamber of the U.S. House of Representatives on February 04, 2020 in Washington, DC. (Mario Tama/Getty Images)
Gorsuch emphasized his decision to refrain from political commentary during election years but acknowledged that criticism is “part of the territory.”
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“My role is to serve as a judge. I’m going to stay out of politics. During presidential election years, I focus on fulfilling my oath to the best of my ability,” he stated. “My responsibility is to adjudicate cases and controversies as impartially as possible for those who come before me. In every case, there are lives at stake… A wise old judge once told me your job is to make half the people unhappy 100% of the time. Someone has to win and someone has to lose. That’s just the nature of the job. Criticism is simply part of it.”
Gorsuch further defended the Supreme Court, telling Smith, “I believe we have a remarkable institution.”
“Every year, Americans file 50 million lawsuits. With a population of 340 million, that means roughly 1 in 7 people, and that’s not even counting minor infractions like parking tickets,” he noted.
Associate Justice Neil Gorsuch stands during a group photo at the Supreme Court in Washington, April 23, 2021. (Erin Schaff/The New York Times via AP, Pool, File)
“Nearly all of those cases are resolved at the trial court level without an appeal. One side wins and the other loses. The losing side, which I have represented many times while in private practice, accepts the outcome. While they might not like it, they feel heard and understood.
“That’s a testament to how definitive our legal system is in this country. When you take a step back to observe the bigger picture, you realize the rule of law here is exceptional and our independent judiciary is a true blessing.”
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Recently, Biden and Vice President Harris appealed to Congress to establish term limits and a code of conduct for the Supreme Court while also proposing restrictions on presidential immunity. Critics have termed this initiative “radical,” accusing Biden and Harris of trying to energize the left-wing base of the Democratic party despite previously identifying as “moderates.”
