Justice Gorsuch Discusses Overcriminalization at Nixon Library

Supreme Court Justice Neil Gorsuch expressed concerns over the increasing complexity of federal criminal law during a speech in California on Friday. He warned that Americans' liberties are jeopardized when laws proliferate to the point where “there’s a law against everything.” Gorsuch emphasized the need for a more sensible approach to legislation, stating, “I am not looking to roll back to 1789... just asking for maybe a dose of common sense along the way.” In his remarks, Gorsuch referenced his book, "Over Ruled: The Human Toll of Too Much Law," which critiques the extensive web of federal regulations and the multitude of federal crimes that are difficult for citizens to navigate. He highlighted a notable case involving a conviction under a federal law concerning the destruction of evidence, where prosecutors controversially classified a fish as a “tangible object.” This case exemplifies the convoluted nature of current federal laws. Gorsuch also touched on a recent Supreme Court ruling regarding the January 6 Capitol riots, where a 6-3 majority limited the application of certain charges against the rioters. He posed a critical question about the implications of overcriminalization, urging that solutions must come from the public. In a related address at the Ronald Reagan Presidential Library, Gorsuch lamented the growing polarization in American politics, stressing the importance of dialogue and the ability to accept both victories and defeats in the political arena.