Neil Gorsuch: “We better be. Senator, a wise old judge... taught me that the test of the rule of law is whether the Government can lose…”

The habitual drunkard laws on which the government relies here differ dramatically from [the federal] unlawful user provision on every single metric the government invites us to consider.

Once a case is settled that adds to the determinacy of the law.

The district court grappled with none of the history and law surrounding similar cases in the past before ordering Dellinger to be reinstated.

[T]he decision whether to let private plaintiffs enforce a new statutory right poses delicate questions of public policy.