JOURNAL ARTICLE
Neil Gorsuch Has No One to Blame But Himself.
Published In: Bloomberg Opinion, 2024. P. N.PAG 1 of 3
Database: Business Source Ultimate 2 of 3
Authored By: Feldman, Noah 3 of 3
Abstract
The article examines Supreme Court Justice Neil Gorsuch’s book *Over Ruled*, which critiques the proliferation of laws but paradoxically relies on textualism—a legal theory that interprets statutes strictly by their words without regard to purpose or context. Using the 2015 Supreme Court case *Yates v. United States* as an example, the article highlights how prosecutors applied the Sarbanes-Oxley Act’s language literally to charge a fisherman for destroying fish, a use the Court ultimately rejected for ignoring the law’s intended focus on documents. The article argues that Gorsuch’s textualism enables prosecutorial overreach by encouraging charges based solely on literal wording, contrasting this with retired Justice Stephen Breyer’s pragmatic approach that emphasizes statutory purpose and context to avoid such issues.
Additional Information
- Source:Bloomberg Opinion. 2024/10, pN.PAG
- Document Type:Article
- Subject Area:Biography
- Publication Date:2024
- Accession Number:180362717
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