Neil Gorsuch: “Lower courts would be wise to take heed.”

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

If human nature and history teach us anything, it is that civil liberties face grave risks when governments proclaim indefinite states of emergency.

We readily acknowledge that different lower courts have taken different views of the discretionary function exception.

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.