Neil Gorsuch: “Well, no, Senator, I am happy to say Shelby is a precedent of the U.S. Supreme 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.

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.

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…

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