Neil Gorsuch: “The ball is back in Congress' court”

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.

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…

The Court should ditch those precedents, which he says are indefensible in theory and unworkable in practice.

That Fourth Amendment test, which the Court invented in 1967, has no basis in the Constitution's text or history.