Neil Gorsuch: “We divide power in a way that was quite unique. Federalism. You can think of separation of powers as having a horizontal…”

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.

Our nation is not founded on a religion. It’s not based on a common culture even, or heritage. It’s based on those ideas. We’re a creedal nation.

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.