In his new book Over Ruled, Supreme Court Justice Neil Gorsuch issued a warning about two cases.
He believes these raise bureaucratic concerns that pose a threat to American society.
Bureaucratic Overreach
Gorsuch, a conservative justice, was appointed to the Supreme Court by former President Donald Trump.
He sounded the alarm about what he sees as bureaucratic overreach, in the new book published on Tuesday.
Recent Decisions
On the court, Gorsuch has situated himself as a justice who is wary of bureaucracy and federal agencies.
He wrote about two recent Supreme Court decisions involving Pankajkumar Patel and Kevin George in the book.
“Toothless Judicial Review”
Gorsuch claims that they could be a threat to the nation because they show “how toothless judicial review has become.”
The first case, involved George who was a Marine Corps recruit who left the military.
Overturned Ruling
George left following medical advice as doctors decided that serving would exasperate a preexisting mental illness, according to Gorsuch.
He was refused service-related benefits under a ruling which was subsequently overturned.
“Clear and Unmistakable Error”
Because the rule was correctly applied, even if it was later found to be illegal, the agency declined to reconsider the earlier decision when George applied again.
In 2022, the Court upheld the decision, stating that cases that had already been decided do not apply to the regulatory change caused by a “clear and unmistakable error.”
Patel Case
Patel arrived in the United Stated in 1992 and obtained a work visa that allowed him to stay and live in Georgia.
He then applied for lawful permanent residency but was turned down because the agency found that he “falsely represented” himself.
Driver’s License Issue
This “false representation” was due to him checking a box that said he was a U.S. citizen when he renewed his driver’s license.
A judge nonetheless ruled that he misrepresented himself, despite the fact that he claimed that it was an unintentional error.
Upholding the Decision
Additionally there was no need to lie about it because Georgia law permits non-citizens to obtain a license.
In May 2022 however, the court upheld that decision which Gorsuch took issue with.
“Disaster”
Gorsuch wrote in a part of his book named “Rule by Nobody” that numerous Americans may not see the “current state of affairs” as a “disaster.”
He stated however that both George and Patel “might disagree.” Notably, he opposed both of them.
Gorsuch’s Opinion
Gorsuch stated: “But maybe our society’s increasing deference to claims of bureaucratic expertise threatens something even more vital than our promise of democratic self-government or rule-of-law values.”
“Our nation’s respect for the individual—for the dignity that exists within each of us, whatever our quirks, warts, and failings.”
Proposed Supreme Court Reforms
“Our conviction that the individual inalienable rights may not be bargained away, even in the name of efficient public administration,” Gorsuch wrote.
Recently Gorsuch has faced criticism over his warning regarding President Joe Biden’s plans for Supreme Court reform.
These proposed changes include term limits on justices, an enforceable ethics code and a constitutional amendment to block the court’s presidential immunity ruling.
