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SCOTUS Justices Gorsuch, Breyer Debate Regulatory Impact at Federalist Society Gala

 November 16, 2024

At a recent Federalist Society event, Supreme Court Justice Neil Gorsuch voiced concerns about the complexities of regulatory laws.

During a discussion with retired Justice Stephen Breyer, Gorsuch criticized the size and power of the administrative state, as Just the News reports.

The conversation took place in Washington, D.C., under the auspices of the Federalist Society gala. Gorsuch and Breyer, both influential figures in American law, shared their insights into the burgeoning size of federal regulations.

Extensive Reach of Federal Regulations

Gorsuch pointed out the extensive nature of current federal regulations, which now span over 70,000 pages.

He expressed concerns about the annual addition of approximately two million words of new law by Congress.

According to Gorsuch, this overwhelming growth tends to benefit the most powerful segments of society while placing a heavy burden on ordinary citizens.

He emphasized, "The most powerful among us benefit from an overwhelming administrative state," highlighting the imbalance created by excessive regulations.

Real-World Impacts of Regulatory Practices

The discussion then turned to a specific and recent example of regulatory actions affecting individuals.

Gorsuch cited the controversial case involving the euthanization of two pet animals in New York, which raised public outcry and questions about regulatory overreach.

P’Nut the Squirrel and Fred the Racoon were seized by the New York Department of Environmental Conservation to be tested for rabies. Despite being found rabies-free, both animals were euthanized and decapitated, leading to a heated debate on the necessity of such actions.

Gorsuch used this example to illustrate how regulatory decisions can sometimes lead to unfortunate outcomes that resonate poorly with the public.

Gorsuch's Take on Regulatory Reform

In his remarks, Gorsuch advocated for regulatory reform, drawing parallels to the successful deregulation of the airline industry. He argued that similar reductions in other areas could potentially ease burdens on the public and enhance efficiency.

“Both of us have seen so many cases … in which ordinary Americans have been swallowed up by laws. It is really a problem that has emerged in our lifetime,” Gorsuch remarked, indicating a shared concern with Breyer over the years.

The dialogue underscored a crucial aspect of regulatory impact, with both justices acknowledging the deep and sometimes harsh implications of current legal frameworks on everyday Americans.

Humor Amid Legal Discussions

A lighter moment occurred when Gorsuch referenced an online aspect of the pet owner's life. He humorously speculated about the "sordid side" of P'Nut's background, mentioning the owner’s OnlyFans account, which is a content subscription service often associated with adult material.

“[It] may contain a website that’s called ‘just for fans,’” Gorsuch quipped, adding, “I don’t know the details. I’m not aware of any allegation that P’nut was involved in any of those acts.”

His comments injected a moment of levity into an otherwise serious discussion on regulatory challenges.

The interchange between Gorsuch and Breyer at the gala provided a comprehensive look at the issues posed by an expansive administrative state, highlighting the need for thoughtful consideration of how laws affect both the individual and societal levels.