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Supreme Court Justice Neil Gorsuch Warns of Overregulation’s Impact on Ordinary Americans

 August 19, 2024

Supreme Court Justice Neil Gorsuch is raising concerns about the adverse effects of excessive federal regulations on the lives of average Americans.

In a recent interview on PBS’s Firing Line with Margaret Hoover, Gorsuch discussed how an overwhelming number of laws can harm those who find themselves unintentionally in violation of them, a take he highlighted in his new book, Over Ruled: The Human Toll of Too Much Law, as the Daily Wire reports.

The justice pointed out that federal law has expanded significantly over the years, with the number of regulations now so vast that even experts struggle to quantify them. “In just my lifetime, federal law has grown massively,” Gorsuch remarked, emphasizing that there are possibly over 300,000 regulations with criminal consequences.

This proliferation of laws, he warned, has led to situations in which ordinary people unknowingly commit felonies, simply due to the sheer volume of legal rules they must navigate daily.

The Yates Case: A Fisherman’s Legal Battle

To underscore his argument, Gorsuch recounted the story of John Yates, a fisherman who moved to Florida with his wife, Sandra, to pursue his passion for the sea.

Yates, who began as a deckhand, worked his way up to become a captain. One day, while at sea, a government agent boarded his boat to inspect his catch. Among the thousands of pounds of fish Yates had caught, the agent identified 72 red grouper that he claimed were undersized, measuring less than the 20 inches required by law.

He was then instructed to segregate the undersized fish, and he complied. However, several days later, when the agent returned to measure the fish, only 69 were found to be undersized.

Despite the minor discrepancy, Yates was charged under the Sarbanes-Oxley Act, a law originally intended to address financial crimes following the Enron scandal. The government alleged that Yates had intentionally destroyed the fish to avoid penalties, applying the law in a way that many, including Gorsuch, found to be an overreach.

Supreme Court Victory After Years of Struggle

Yates’s legal battle was long and arduous. Initially found guilty, he was sentenced and even spent Christmas in jail. The charges and conviction weighed heavily on Yates and his family, with Yates almost resigning himself to his fate. However, his wife, Sandra, encouraged him to continue fighting, believing that the charges were unjust.

The case eventually reached the U.S. Supreme Court, where Yates’s argument that the Sarbanes-Oxley Act should not apply to his situation was finally heard.

In a narrow 5 to 4 decision, the Court ruled in his favor, concluding that the government’s application of the law was overly broad and unjustified. Gorsuch, reflecting on the case, noted that Sandra Yates was disappointed that the decision was so close, but ultimately relieved by the outcome.

The Broader Implications of Legal Overreach

The Yates case, as described by Gorsuch, is emblematic of a broader problem where federal laws and regulations have expanded to such an extent that they often ensnare individuals in complex legal situations that they could never have anticipated.

Gorsuch cited a Harvard law professor’s estimate that the average American unknowingly commits three felonies a day due to the sheer volume of laws and regulations.

This proliferation of laws, according to Gorsuch, represents a significant burden on the average citizen, who may find themselves on the wrong side of the law without ever having intended to do anything wrong.

The consequences can be severe, as Yates’s case demonstrates, with people facing criminal charges for actions that, in many cases, seem far removed from the original intent of the laws being applied.

Gorsuch’s new book delves deeper into these issues, exploring how the legal system, originally designed to protect, can sometimes become a source of harm when laws are applied in ways that are overly punitive or disconnected from common sense.

His call for reform is based on the belief that the legal system should be fair, predictable, and accessible, rather than a maze of regulations that can trap the unwary.

Conclusion: A Call for Reform

Justice Neil Gorsuch’s discussion on Firing Line and his book, Over Ruled: The Human Toll of Too Much Law, bring to light the challenges posed by an ever-expanding body of federal law.

Through the story of John Yates, Gorsuch illustrates how overregulation can lead to unjust outcomes for ordinary people.

His call for a more streamlined and just legal system reflects a growing concern about the impact of excessive laws on the average American, highlighting the need for careful consideration of how laws are applied in practice.