Neil Gorsuch: “Well, Justice Black used to think so.”

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.

When confronted with coercive prosecutorial tactics designed to induce defendants to take plea deals, the Court has often condoned those practices or let them pass in silence.

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.