“Once this Court reads a doubtful statute as granting the executive branch a given power, that power may prove almost impossible for Congress to retrieve.” This argument closely tracks his observation during oral argument that, without a veto-proof supermajority, “Congress, as a practical matter, can’t get this power back once it’s handed it over to the President. It’s a one-way ratchet toward the gradual but continual accretion of power in the executive branch and away from the people’s elected Representative.”
> “If history is any guide, the tables will turn and the day will come when those disappointed by today’s result will appreciate the legislative process for the bulwark of liberty it is.”
He’s protecting Republicans from a future Democratic president.
"Gorsuch is a co-chair of the National Constitution Center, where I serve as CEO emeritus"
You will excuse me if I don't quite believe that circle jerk puff piece about Gorsuch all of sudden being some principled lover of Congress and wary of presidential overreach.
I don't know why Gorsuch voted against Trump on this one, but it sure isn't either the letter of the law as written or some worry about presidential power, because he has clearly not cared about either of those in the past.
“Once this Court reads a doubtful statute as granting the executive branch a given power, that power may prove almost impossible for Congress to retrieve.” This argument closely tracks his observation during oral argument that, without a veto-proof supermajority, “Congress, as a practical matter, can’t get this power back once it’s handed it over to the President. It’s a one-way ratchet toward the gradual but continual accretion of power in the executive branch and away from the people’s elected Representative.”
However, I gotta say I disagree with the author in the presumption that Heritage Foundation golden boy Neil Gorsuch (who has voted AGAINST campaign finance restrictions, separation of church and state, gay rights and workers’ rights) has any fears or regrets about the constitutional crisis that he and his SCOTUS colleagues have created for us.
I’m just not buying it, even if he doesn’t vote along with Trump’s darkest desires 100% of the time.
[OP] D-R-AZ | a day ago
Gifted Read:
https://www.theatlantic.com/ideas/2026/02/gorsuch-supreme-court-tariffs/686129/?gift=9raHaW-OKg2bN8oaIFlCoo23ufoKOcuh9-sv8tb4WsY&utm_source=copy-link&utm_medium=social&utm_campaign=share
Excerpt:
“Once this Court reads a doubtful statute as granting the executive branch a given power, that power may prove almost impossible for Congress to retrieve.” This argument closely tracks his observation during oral argument that, without a veto-proof supermajority, “Congress, as a practical matter, can’t get this power back once it’s handed it over to the President. It’s a one-way ratchet toward the gradual but continual accretion of power in the executive branch and away from the people’s elected Representative.”
kafka_lite | a day ago
Once you make a president immune to criminal law, there is de facto nothing left.
espinaustin | a day ago
Agreed, huge mistake.
delusiongenerator | a day ago
This seems based on the false premise that Gorsuch has a conscience.
espinaustin | a day ago
Gorsuch closes with this:
> “If history is any guide, the tables will turn and the day will come when those disappointed by today’s result will appreciate the legislative process for the bulwark of liberty it is.”
He’s protecting Republicans from a future Democratic president.
Marie-Pierre-Guerin | 9 hours ago
💯 this.
GreyBeardEng | a day ago
He should fear a dictatorship, because in a dictatorship he isn't needed. Dictatorships tend to murder their judges.
mamaBiskothu | 23 hours ago
They only murder judges that don't fall in line. For people without a conscience thats not a problem
burrowowl | a day ago
"Gorsuch is a co-chair of the National Constitution Center, where I serve as CEO emeritus"
You will excuse me if I don't quite believe that circle jerk puff piece about Gorsuch all of sudden being some principled lover of Congress and wary of presidential overreach.
I don't know why Gorsuch voted against Trump on this one, but it sure isn't either the letter of the law as written or some worry about presidential power, because he has clearly not cared about either of those in the past.
delusiongenerator | a day ago
I didn’t read this because it’s locked behind a paywall, but I’d imagine he fears being exposed as a corrupt idealogue.
[OP] D-R-AZ | a day ago
Gifted Read:
https://www.theatlantic.com/ideas/2026/02/gorsuch-supreme-court-tariffs/686129/?gift=9raHaW-OKg2bN8oaIFlCoo23ufoKOcuh9-sv8tb4WsY&utm_source=copy-link&utm_medium=social&utm_campaign=share
Excerpt:
“Once this Court reads a doubtful statute as granting the executive branch a given power, that power may prove almost impossible for Congress to retrieve.” This argument closely tracks his observation during oral argument that, without a veto-proof supermajority, “Congress, as a practical matter, can’t get this power back once it’s handed it over to the President. It’s a one-way ratchet toward the gradual but continual accretion of power in the executive branch and away from the people’s elected Representative.”
delusiongenerator | a day ago
Thanks for sharing.
However, I gotta say I disagree with the author in the presumption that Heritage Foundation golden boy Neil Gorsuch (who has voted AGAINST campaign finance restrictions, separation of church and state, gay rights and workers’ rights) has any fears or regrets about the constitutional crisis that he and his SCOTUS colleagues have created for us.
I’m just not buying it, even if he doesn’t vote along with Trump’s darkest desires 100% of the time.
FanDry5374 | a day ago
He's probably afraid that at some point the reich wing will collapse and the surviving citizens will come calling.
Typical_Response6444 | a day ago
I was able to read it