Justice Neil Gorsuch laments excessive regulation: ‘A glut of laws’

Justice Neil Gorsuch noted in 2019 that criminal laws have expanded so much that almost anyone can be arrested for something.

In a new book, Gorsuch explains how the proliferation of criminal penalties has given prosecutors the power to destroy lives, leading to a shift from jury trials to plea bargains.

According to the book, there are over 5,000 federal statutory crimes and at least 300,000 federal agency regulations with criminal sanctions.

The vastness of federal law, with the U.S. Code spanning 54 volumes and approximately 60,000 pages, makes it difficult for even experts to keep up.

Civil liberties lawyer Harvey Silverglate suggests that the average busy professional may unknowingly commit several federal crimes daily due to the complexity of the laws.

Prosecutors can easily find ways to bring charges against individuals thanks to the numerous potential violations in state and federal law.

Former President Donald Trump faced 34 felony convictions for paperwork violations related to hush money payments to a porn star, illustrating the issue of applying multiple charges for the same conduct.

The book also mentions the case of Hunter Biden, where federal gun charges were initially dropped under a diversion agreement but later prosecuted for three felonies related to the same gun purchase.

Aaron Swartz, a computer programmer, faced excessive charges and pressure from prosecutors, ultimately leading to his suicide before trial.

About 97% of federal felony convictions and 94% of state felony convictions are based on plea agreements, showing the declining role of jury trials in the criminal justice system.

Justice Neil Gorsuch emphasizes the importance of juries as a check on prosecutorial power, citing the framers’ belief in juries as essential for ensuring justice.

Jacob Sullum is a senior editor at Reason magazine.