Neil Gorsuch: “The Constitution exists to protect our rights and our liberties, even when we might hold unpopular views.”

We readily acknowledge that different lower courts have taken different views of the discretionary function exception.

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.

[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.

Lower courts would be wise to take heed.