Apart from pointing to habitual drunkard laws, the government has not even attempted to prove that any other specific historical principle might justify its prosecution in this case.
Neil Gorsuch: “Apart from pointing to habitual drunkard laws, the government has not even attempted to prove that any other specific…”
Editor's note · Context
Majority opinion in United States v. Hemani.
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Everything is an emergency. We've moved so much up to the federal level that needs to be done by states. And now through delegations of authority, through emergency legislation of all stripes, we've moved it over to the executive branch…
Courts should not be in the business of perpetuating administrative edicts designed for one emergency only because elected officials have failed to address a different emergency.
That Fourth Amendment test, which the Court invented in 1967, has no basis in the Constitution's text or history.
Our nation is not founded on a religion. It’s not based on a common culture even, or heritage. It’s based on those ideas. We’re a creedal nation.