Supreme Court Justice Neil Gorsuch has issued a grave warning in his new book, Over Ruled: The Human Toll of Too Much Law, about the dangers of federal agencies acting in conflicting roles as both prosecutor and judge.

A member of the high court's conservative wing, Gorsuch argues that the expansive powers held by federal agencies undermine impartiality in the justice system, and he advocates for the overarching right to a public jury trial, as the Washington Examiner reports.

Critical View on Agency Authority

In his recently published book, Gorsuch criticizes the dual role that federal agencies play in creating, enforcing, and adjudicating laws. He highlights the potential conflicts of interest inherent in this setup.

“Here’s the thing, though. These days, federal agencies don’t just write and enforce legally binding rules. Often, they act as prosecutor and judge, too,” Gorsuch explains.

The book’s release follows a recent Supreme Court term that tackled the issue of administrative agency power. The Court moved to overturn the so-called Chevron doctrine and imposed limits on in-house adjudications at the Securities and Exchange Commission (SEC).

Impartiality Concerns and Success Rates

Gorsuch raises particular concern over the SEC's in-house adjudications, where administrative law judges (ALJs) are appointed by the agency. "Often [an ALJ] is just another agency employee. Tomorrow, he could be transferred to another post — perhaps writing rules or enforcing them," Gorsuch stated.

Statistics show that the SEC enjoys a 90% success rate in these in-house proceedings, compared to a 69% success rate in federal courts.

The Supreme Court's decision in favor of George Jarkesy, a hedge fund manager and conservative radio host, spotlighted these concerns. The ruling granted Jarkesy the right to a jury trial, highlighting the importance of impartial adjudication.

The Human Toll of Federal Overreach

Gorsuch's book delves into the human cost of federal overreach, using the denial rates of the Social Security Administration as an example. From 2010 to 2019, the Social Security Administration denied over 60% of disability applications.

Adding to the concern, only about 1% of these cases were decided on their merits in federal court.

Gorsuch emphasizes that the lengthy and costly process of appealing agency decisions often deters individuals from seeking justice.

"Admittedly, if you are unhappy with an agency’s treatment of your case, and if you persist through all of its internal review processes, and if you have enough time and money, you can usually bring your complaint to federal court for review before an independent judge. But what are the chances of being able to endure and afford all that?" Gorsuch questions.

Long-Term Impact of Rising Laws and Regulations

Nominated to the Supreme Court by President Donald Trump in 2017, Gorsuch is approaching his seventh year on the bench. He reminds readers of the unprecedented level of laws and regulations citizens face today.

From 1970 to the present, the number of federal crimes has doubled. Gorsuch points out that beyond this increase in federal crimes, additional regulations created by federal agencies have complicated the legal landscape further.

"From 1970 to present, we’ve seen maybe a doubling in the number of federal crimes on the books … and that’s just the tip of the iceberg because federal agencies have been busy, too," Gorsuch remarks.

Taking the Message on Tour

To promote his book, Gorsuch will embark on a tour with stops at the Nixon and Reagan presidential libraries. The book's release date is set for Aug. 6.

“Some professors say that there are now so many federal laws on the books, crimes, that every American over the age of 18 commits one felony a day,” he notes.

Gorsuch's book, Over Ruled: The Human Toll of Too Much Law, underscores his view that federal agencies' dual roles erode the impartiality of the justice system. His insights are timely, given the recent Supreme Court decisions that challenge administrative power.