Supreme Court Associate Justice Neil Gorsuch lobbed a subtle jab at Congress over its increasing tendency to cede its own power, and in turn, offload responsibilities to the nation’s highest court during an interview published Wednesday in The New York Times.
The Times’ David French sat down with Gorsuch for a lengthy interview coinciding with the impending 250th anniversary of the signing of the Declaration of Independence, and at one point, pressed the justice who was appointed by President Donald Trump in 2017 on Congress having increasingly ceded its power, a phenomenon well documented by analysts and experts.
“I’m not going to ask you to cast shade, as the kids say, on another whole branch of government, but it strikes me as one of the reasons why the Supreme Court is so much in the center of the national conversation right now is that in many ways, the Congress has taken steps back,” French said.
“And a lot of your decisions have been: Wait a minute, this is something that Congress has to decide. That this is a role for Congress only.”
Congress’ ceding of power has come to a head under the second Trump administration. Despite the authority to establish tariffs, declare war and authorize spending resting solely with Congress, Trump has independently established global tariffs, launched a wildly unpopular war, and pulled back funding already allocated by lawmakers. Congress’ response has been mixed, having failed to check Trump’s authority to declare war or establish tariffs.
Gorsuch did not reject French’s characterization, and noted that many of the disputes had been settled by himself and his fellow justices. Were that trend to continue, or escalate, he said, it would “make a mockery” of the United States’ founding principles.
“I do think that it would be crazy to say we are a democracy or a republic, and yet simultaneously entertain the notion that nine old judges in Washington should govern us all. Now, you’d want nine wise old judges to decide the meaning of a law independently, without fear or favor to anyone, and vindicate your rights in a trial,” Gorsuch said.
“Absolutely, that makes perfect – but to rule everybody? To pass the laws? To amend the Constitution? That would make a mockery of the Declaration and of the Constitution. And so, yes, it is their responsibility.”