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…”

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.

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

It asks us to believe that the very state in which the agency intends to store spent nuclear fuel indefinitely cannot be heard in court to complain about the agency's plans.

[o]ne can only hope the political branches and future courts will do their duty to honor this Nation's promises even as we have failed today to do our own.