Neil Gorsuch: “Background circumstances”

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.

The Court should ditch those precedents, which he says are indefensible in theory and unworkable in practice.

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.

Congress has also delegated to them vast legislative and judicial powers.