According to Newsweek, Supreme Court Justice Neil Gorsuch has critiqued bureaucratic overreach in his latest literary work, "Over Ruled."
This focuses on the consequences of inadequate judicial review through the lens of two pivotal Supreme Court cases.
Appointed by former President Donald Trump, Justice Gorsuch is renowned for his conservative stances and a clear skepticism towards the extensive powers of bureaucracy and government agencies. "Over Ruled," released recently on a Tuesday, is an extension of his judicial philosophy, questioning the current trajectory of the American legal framework.
The book delves into two specific Supreme Court case studies involving individuals whose lives were significantly impacted by what Gorsuch perceives as systemic failures. One of these cases involves a former Marine Corps recruit, Kevin George, who was denied service-related benefits due to a preexisting mental health condition. Despite the rule under which he was dismissed being later overturned, George's plea for reconsideration was ignored.
The other case concerns Pankajkumar Patel, an immigrant residing in Georgia who faced a hurdle in attaining lawful permanent residency. His application was compromised when he accidentally marked himself as a U.S. citizen on a driver’s license renewal form, a mistake that the court did not accept as innocuous. Gorsuch dissented in both decisions, showcasing his disagreement with the majority's standpoint, which led to his broader argument against bureaucratic power.
Gorsuch's staunch disapproval of the excess of bureaucratic influence surfaces prominently in his discussions. He argues that such deference to bureaucratic authority undermines core democratic values and the rule of law, representing a stark deviation from the American promise of self-governance and respect for individual rights.
While exploring these issues, Gorsuch highlights the imbalance in power between bureaucratic agencies and the judiciary, coining the term "Rule by Nobody." This reflects a system where an anonymous authority makes decisions without proper accountability.
Justice Neil Gorsuch underscores the deep-seated issues in the judicial review process, using phrases like "how toothless judicial review has become" to articulate the extent of the problem. He makes a compelling case about the dangers these flaws pose not just to the governance structure but, more importantly, to individual dignity and freedoms.
His strong philosophy is further illustrated as he debates that society's overwhelming reliance on so-called bureaucratic expertise could be eroding fundamental freedoms and respect for individual uniqueness and rights. This perspective aligns with his voiced concerns in his judicial dissent and public statements, highlighting the potential consequences of disparaged judicial effectiveness.
Gorsuch expresses a provocative viewpoint that the deference given to bureaucratic agencies conflicts with core individual rights, emphasizing:
But maybe our society's increasing deference to claims of bureaucratic expertise threatens something even more vital than our promise of democratic self-government or rule-of-law values: our nation's respect for the individual—for the dignity that exists within each of us, whatever our quirks, warts, and failings—and our conviction that the individual inalienable rights may not be bargained away, even in the name of efficient public administration.
"Over Ruled" seems geared to ignite discussion and review of these crucial aspects of American law, potentially influencing legal precedent and policy debates. Justice Gorsuch’s elaborations extend beyond mere critique, posing significant inquiries about the future trajectory of U.S. jurisprudence and government operation. His insights are particularly relevant as they invite professionals and citizens alike to re-evaluate the balance of power within the governing framework.
The book, which resonates with themes of excessive governmental reach and judicial passivity, serves as a fundamental call to action for reassessment and realignment of bureaucratic and judicial roles. It potentially sets the stage for a new phase of legal and societal reform, reflecting Justice Gorsuch's longstanding judicial principles and constitutional interpretations.
In conclusion, as Gorsuch vividly describes in "Over Ruled," the issues surrounding judicial review and bureaucratic encroachment are significant, meriting a broad reevaluation to preserve the foundational elements of democracy and respect for individual rights.
