The Case went the other way with a 7-2 decision but Justice Gorsuch’ dissent is a thing of beauty, a gift we hope keeps on giving.
Anthony Perry asks us to tweak a congressional statute—just a little—so that it might (he says) work a bit more efficiently. No doubt his invitation is well meaning. But it’s one we should decline all the same. Not only is the business of enacting statutory fixes one that belongs to Congress and not this Court, but taking up Mr. Perry’s invitation also seems sure to spell trouble. …
Mr. Perry’s is an invitation I would run from fast. If a statute needs repair, there’s a constitutionally prescribed way to do it. It’s called legislation. To be sure, the demands of bicameralism and presentment are real, and the process can be protracted. But the difficulty of making new laws isn’t some bug in the constitutional design: it’s the point of the design, the better to preserve liberty.
It makes for a decent start, wouldn’t you say?
Complete SCOTUS Decision on the Jump.
16-399_5436 Gorscuh first Dissent