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Opinion: Justice Gorsuch’s Warning to Biden Should Warn Us All—About the Supreme Court

5 56
06.08.2024

Shan Wu is a former federal prosecutor who served as counsel to Attorney General Janet Reno

As part of promoting his new book, Overruled, in which he criticizes excessive government regulation, Justice Neil Gorsuch was asked on Fox News about his views of the proposed reforms to the Supreme Court proposed by President Biden. In response, Gorsuch warned Americans to “be careful” about making changes to the judiciary.

We should take that warning seriously, not because reforms to the Supreme Court threaten an independent judiciary, but because the fact that Gorsuch felt free to issue it shows the real dangers of an unchecked Supreme Court.

Two disclosures here. As I have previously stated, I once interviewed for a judicial clerkship with Justice Thomas when he was still on the D.C. Circuit Court of Appeals. I had been taken with his personal story of accomplishment and found him to be personable and charismatic. Justice Gorsuch and I once worked at the same law firm where I found him to be an extremely kind-hearted colleague and an exceptionally sharp legal mind and writer. These two justices are a generation apart and have very different histories.

For one thing, Thomas was literally silent during oral arguments for a decade before breaking his silence with a joke, followed by another year of silence. Gorsuch, has been an aggressive questioner from the start, perhaps reflecting his time in private practice as a civil litigator. But whatever their difference in the courtroom, their actions outside the courtroom reflect a troubling state of mind among the........

© The Daily Beast


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