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Over Ruled: The Human Toll of Too Much Law
America has always been a nation of laws. But today our laws have grown so vast and reach so deeply into our lives that it’s worth In our reverence for law, have we gone too far?
Over just the last few decades, laws in this nation have exploded in number; they are increasingly complex; and the punishments they carry are increasingly severe. Some of these laws come from our elected representatives, but many now come from agency officials largely insulated from democratic accountability.?
In Over Ruled, Neil Gorsuch and Janie Nitze explore these developments and the human toll so much law can carry for ordinary Americans. At its heart, this is a book of stories—about fishermen in Florida, families in Montana, monks in Louisiana, a young Internet entrepreneur in Massachusetts, and many others who have found themselves trapped unexpectedly in a legal maze.
Some law is essential to our lives and our freedoms. But too much law can place those very same freedoms at risk and even undermine respect for law itself. And often those who feel the cost most acutely are those without wealth, power, and status.
Deeply researched and superbly written, Over Ruled is one of the most significant books of the year. It is a must-read for every citizen concerned about the erosion of our constitutional system, and its insights will be key to the preservation of our liberties for generations to come.
Over just the last few decades, laws in this nation have exploded in number; they are increasingly complex; and the punishments they carry are increasingly severe. Some of these laws come from our elected representatives, but many now come from agency officials largely insulated from democratic accountability.?
In Over Ruled, Neil Gorsuch and Janie Nitze explore these developments and the human toll so much law can carry for ordinary Americans. At its heart, this is a book of stories—about fishermen in Florida, families in Montana, monks in Louisiana, a young Internet entrepreneur in Massachusetts, and many others who have found themselves trapped unexpectedly in a legal maze.
Some law is essential to our lives and our freedoms. But too much law can place those very same freedoms at risk and even undermine respect for law itself. And often those who feel the cost most acutely are those without wealth, power, and status.
Deeply researched and superbly written, Over Ruled is one of the most significant books of the year. It is a must-read for every citizen concerned about the erosion of our constitutional system, and its insights will be key to the preservation of our liberties for generations to come.
290 pages, Kindle Edition
First published January 1, 2024
606 people are currently reading
4209 people want to read
About the author
Neil Gorsuch
10 books67 followersNeil McGill Gorsuch, D.Phil. (University of Oxford, 2004; J.D., Harvard University, 1991; B.A., Columbia University, 1988) is the 101st Associate Justice of the Supreme Court of the United States. He was nominated by President Donald Trump to succeed Antonin Scalia and took the oath of office on April 10, 2017.
From 1995 to 2005, Gorsuch was in private practice with the law firm of Kellogg, Huber, Hansen, Todd, Evans & Figel. Gorsuch was Principal Deputy Associate Attorney General at the U.S. Department of Justice from 2005 to his appointment to the United States Court of Appeals for the Tenth Circuit by President George W. Bush on May 10, 2006, to replace Judge David M. Ebel, who took senior status in 2006.
Gorsuch is a proponent of textualism in statutory interpretation and originalism in interpreting the United States Constitution. Along with Justice Clarence Thomas, he is an advocate of natural law jurisprudence. Gorsuch clerked for Judge David B. Sentelle of the U.S. Court of Appeals for the D.C. Circuit from 1991 to 1992 and U.S. Supreme Court Justices Byron White and Anthony Kennedy from 1993 to 1994. He is the first Supreme Court Justice to serve alongside another Justice for whom he once had clerked (Kennedy).
From 1995 to 2005, Gorsuch was in private practice with the law firm of Kellogg, Huber, Hansen, Todd, Evans & Figel. Gorsuch was Principal Deputy Associate Attorney General at the U.S. Department of Justice from 2005 to his appointment to the United States Court of Appeals for the Tenth Circuit by President George W. Bush on May 10, 2006, to replace Judge David M. Ebel, who took senior status in 2006.
Gorsuch is a proponent of textualism in statutory interpretation and originalism in interpreting the United States Constitution. Along with Justice Clarence Thomas, he is an advocate of natural law jurisprudence. Gorsuch clerked for Judge David B. Sentelle of the U.S. Court of Appeals for the D.C. Circuit from 1991 to 1992 and U.S. Supreme Court Justices Byron White and Anthony Kennedy from 1993 to 1994. He is the first Supreme Court Justice to serve alongside another Justice for whom he once had clerked (Kennedy).
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Displaying 1 - 30 of 230 reviews
September 13, 2024
It’s pretty good. It’s predictably well-written and draws attention to the human cost of over-regulation. It’s very similar to Cass Sunstein’s book “Sludge”. My two gripes with this book are that 1) if you’ve read the first few chapters, you’ve read the whole book, and that’s because 2) it’s a book about a problem that doesn’t talk about any solutions. I wish Gorsuch dove more into what can actually be done about the presence of too many laws, and the book fell a bit flat for me on that point.
July 4, 2024
In this ground-breaking work, Justice Gorsuch explains why he's worked so diligently to reduce the US to a country with but one law "Might makes right."
It's heartening to know, as we watch him slowly strangle democracy for the sake of political power and favors, that he is doing it all for our own good.
It's heartening to know, as we watch him slowly strangle democracy for the sake of political power and favors, that he is doing it all for our own good.
August 10, 2024
Isn't it strange that the same people who argue for small government also want to regulate who can use which bathroom 😕
November 15, 2024
Over Ruled was not the book I thought it would be with a long series of case studies and challenging lists of citations. Justice Gorsuch did not employ endless legalese one might expect of a lawyer or a jurist. Even better, it was short and sweet.
Gorsuch explains at the start that it is a book of stories and what wonderful, yet concerning, stories they are. They amplify what happens when the little guy is at odds with the legislators, the administrative state’s rules and enforcement, and the courts, and even the Supreme Court.
He reviews the acceleration of administrative law- laws erected by the executive branches’ numerous agencies which have grown to over 300,000 infractions that come with fines or jail time or both. Over a couple of centuries, agencies have been given deference to fill in the blanks when legislation lacks the detail required to implement a policy, program, or law. Gorsuch notes that these agencies were also given the responsibility for enforcement and adjudication with no separation of powers. A citizen confronted with an all-powerful administrative agency also faces an entity with a judicial win rate of nearly 100%.
How is a regular citizen supposed to defend themselves? Many times, after years of decisions in lower courts, The Supreme Court becomes the last vestige of hope for justice.
Among many stories, Gorsuch reports:
• The trials of a fisherman with a catch that was first too big, then too small.
• A magician and hair braider that infringed on association rules to kill competition.
• Police arrived, cuffed the innocent, and lower courts found them guilty.
The stories shock our sensibilities. Why is the government involved at all in matters that seem so trivial?
With so many laws it is easy to understand why waves of government lawyers are vested to inject themselves in our lives. No one should be surprised by a visit from law enforcement for an infraction that might seem without sensibility.
The book’s subtitle is apt: The Human Toll of Too Much Law.
Over Ruled is a quick read and easy to understand and helps show how the three branches of government may have given the unelected administrative state too much unchecked power that puts ordinary citizens at risk. -Tom L.
Gorsuch explains at the start that it is a book of stories and what wonderful, yet concerning, stories they are. They amplify what happens when the little guy is at odds with the legislators, the administrative state’s rules and enforcement, and the courts, and even the Supreme Court.
He reviews the acceleration of administrative law- laws erected by the executive branches’ numerous agencies which have grown to over 300,000 infractions that come with fines or jail time or both. Over a couple of centuries, agencies have been given deference to fill in the blanks when legislation lacks the detail required to implement a policy, program, or law. Gorsuch notes that these agencies were also given the responsibility for enforcement and adjudication with no separation of powers. A citizen confronted with an all-powerful administrative agency also faces an entity with a judicial win rate of nearly 100%.
How is a regular citizen supposed to defend themselves? Many times, after years of decisions in lower courts, The Supreme Court becomes the last vestige of hope for justice.
Among many stories, Gorsuch reports:
• The trials of a fisherman with a catch that was first too big, then too small.
• A magician and hair braider that infringed on association rules to kill competition.
• Police arrived, cuffed the innocent, and lower courts found them guilty.
The stories shock our sensibilities. Why is the government involved at all in matters that seem so trivial?
With so many laws it is easy to understand why waves of government lawyers are vested to inject themselves in our lives. No one should be surprised by a visit from law enforcement for an infraction that might seem without sensibility.
The book’s subtitle is apt: The Human Toll of Too Much Law.
Over Ruled is a quick read and easy to understand and helps show how the three branches of government may have given the unelected administrative state too much unchecked power that puts ordinary citizens at risk. -Tom L.
October 4, 2024
This should be required reading for all Americans.
I learned a great deal about govermental bureaucracy, the inequality rampant in our legal system and the courage of Americans, or those seeking asylum, to fight back against governmental ineptitude, regardless of their financial ability to do so.
I learned a great deal about govermental bureaucracy, the inequality rampant in our legal system and the courage of Americans, or those seeking asylum, to fight back against governmental ineptitude, regardless of their financial ability to do so.
August 15, 2024
Cogent. Considering how comparatively well-written Gorsuch’s opinions are, this was as expected. Accessible and easy. A book based on lurid cases is more palatable when referencing the court system.
While I don’t agree philosophically with some parts, the authors’ reasoning is strong and therefore seems less political than it could’ve.
While I don’t agree philosophically with some parts, the authors’ reasoning is strong and therefore seems less political than it could’ve.
September 3, 2024
The book is story focused, about how normal people suffered from too much regulation, and how normal people suffering from the mistakes or misconduct sometimes doen't get the help they need because of dueling or mismatched regulation for thier issues.
I appreciate that the author was able to end on a hopeful note. That said, still a tremendous problem that has taken years of work to become as broken as it is.
I appreciate that the author was able to end on a hopeful note. That said, still a tremendous problem that has taken years of work to become as broken as it is.
August 12, 2024
Quick and easy listen. Good anecdotes on how over-regulating negatively affects well-meaning normals. Free of partisan and ideological potshots; he writes about how his disdain for bureaucracy has, at times, led him to dissent alongside Justices Ginsburg, Breyer, and Sotomayor.
September 11, 2024
The worse the society, the more law there will be. In Hell there will be nothing but law..."
—Grant Gilmore
Over Ruled was an interesting book, but I found the writing was a bit slow and dry at times...
Author Neil McGill Gorsuch is the 101st Associate Justice of the Supreme Court of the United States. He was nominated by President Donald Trump to succeed Antonin Scalia and took the oath of office on April 10, 2017.
Neil McGill Gorsuch :
The premise of the book is intriguing; as our Western societies have become more advanced socially and technologically, the amount of control the state has exerted over its populations has also grown. In many cases, this control has grown disproportionately. What is the ground-level effect of all this bureaucracy? That is the question this book seeks to answer.
Many people's lives have been negatively affected, small businesses have been closed, and organic economic development has been stifled, says the author.
Gorsuch drops this quote in the book's intro:
He lays out the aim of the book in this short blurb:
The writing in the book proper begins with the true case of a fisherman who had his life virtually ruined by an overzealous government gaming inspection agent and the subsequent prosecution that resulted. The agent measured all of the fisherman's thousands of fish and cited ~70 as being below the 20" limit. The rest of the story is a complete SNAFU, and almost beyond belief.
Power corrupts, and absolute power corrupts; absolutely. In a theme that I've noticed emerge over and over again in my reading of social psychology, as well as my first-hand life experience: People love exerting power over others. In many cases, they will have the tiniest bit of control over you, but will leverage it for all its worth. Anyone who's ever been to a DMV has likely experienced this dark aspect of human nature for themselves. People love their petty power. And when you put those people in positions of dictating how others live their lives, predictable results ensue... As Ronald Reagan famously said: "The nine most terrifying words in the English language are 'I'm from the government and I'm here to help...'”
Personally speaking, I absolutely abhor people with petty power complexes, and will go far, far out of my way to avoid them - if at all possible.
The book contains many historical case studies forwarded by the author to buttress his thesis. In this example, he talks about the British Royal Navy:
Unfortunately, as briefly touched on above, I found the writing a bit dry here more often than not. I am extremely picky about how readable my books are, and this one fell a bit short for me...
Some more of what Gorsuch talks about includes:
• The expansion of laws
• Overzealous prosecution of minor infractions
• Governmental bureaucratic bloat
• Aaron Swartz
• Regulatory Capture
• Access to Justice Crisis
• COVID-19 winners and losers
• Foster children moved around frequently
• The steady creep of licensing requirements in small businesses; eyebrow threaders, cosmetologists, fortune tellers, monks who make coffins
• James M. Landis
• The necessity of political disagreement
******************
Over Ruled was a decent look into the topic, but not quite as lively as I hoped. It was still an interesting book.
3.5 stars.
—Grant Gilmore
Over Ruled was an interesting book, but I found the writing was a bit slow and dry at times...
Author Neil McGill Gorsuch is the 101st Associate Justice of the Supreme Court of the United States. He was nominated by President Donald Trump to succeed Antonin Scalia and took the oath of office on April 10, 2017.
Neil McGill Gorsuch :
The premise of the book is intriguing; as our Western societies have become more advanced socially and technologically, the amount of control the state has exerted over its populations has also grown. In many cases, this control has grown disproportionately. What is the ground-level effect of all this bureaucracy? That is the question this book seeks to answer.
Many people's lives have been negatively affected, small businesses have been closed, and organic economic development has been stifled, says the author.
Gorsuch drops this quote in the book's intro:
"Often enough, men and women going about their lives with no intention of harming anyone are getting thwacked, unexpectedly and at times haphazardly, by our multitude of statutes, rules, regulations, orders, edicts, and decrees. Almost always, one authority or another replies that, while the impact on the individual at hand is most regrettable, we should really focus on the greater good our laws and regulations seek to achieve and the collective social progress they promise."
He lays out the aim of the book in this short blurb:
"This isn’t an academic work or a legal brief. It is a book of stories— stories about real people, their struggles to make their way in a world awash with law, and the toll on their lives and families. You will not meet lawyers in these pages but fishermen and foster parents, an Amish community, hair braiders and monks, even a magician and the polydactyl descendants of Ernest Hemingway’s cat."
The writing in the book proper begins with the true case of a fisherman who had his life virtually ruined by an overzealous government gaming inspection agent and the subsequent prosecution that resulted. The agent measured all of the fisherman's thousands of fish and cited ~70 as being below the 20" limit. The rest of the story is a complete SNAFU, and almost beyond belief.
Power corrupts, and absolute power corrupts; absolutely. In a theme that I've noticed emerge over and over again in my reading of social psychology, as well as my first-hand life experience: People love exerting power over others. In many cases, they will have the tiniest bit of control over you, but will leverage it for all its worth. Anyone who's ever been to a DMV has likely experienced this dark aspect of human nature for themselves. People love their petty power. And when you put those people in positions of dictating how others live their lives, predictable results ensue... As Ronald Reagan famously said: "The nine most terrifying words in the English language are 'I'm from the government and I'm here to help...'”
Personally speaking, I absolutely abhor people with petty power complexes, and will go far, far out of my way to avoid them - if at all possible.
The book contains many historical case studies forwarded by the author to buttress his thesis. In this example, he talks about the British Royal Navy:
"Reflecting on these developments sometimes reminds us of Parkinson’s Law. In 1955, a noted historian, C. Northcote Parkinson, posited that the number of employees in a bureaucracy rises by about five percent per year “irrespective of any variation in the amount of work (if any) to be done.”
He based his amusing theory on the example of the British Royal Navy, where the number of administrative officers on land grew by 78 percent between 1914 and 1928, during which time the number of navy ships fell by 67 percent and the number of navy officers and seamen dropped by 31 percent. It seemed to Parkinson that in the decades after World War I, Britain had created a “magnificent Navy on land.” (He also quipped that the number of officials would have “multiplied at the same rate had there been no actual seamen at all.”)
Unfortunately, as briefly touched on above, I found the writing a bit dry here more often than not. I am extremely picky about how readable my books are, and this one fell a bit short for me...
Some more of what Gorsuch talks about includes:
• The expansion of laws
• Overzealous prosecution of minor infractions
• Governmental bureaucratic bloat
• Aaron Swartz
• Regulatory Capture
• Access to Justice Crisis
• COVID-19 winners and losers
• Foster children moved around frequently
• The steady creep of licensing requirements in small businesses; eyebrow threaders, cosmetologists, fortune tellers, monks who make coffins
• James M. Landis
• The necessity of political disagreement
******************
Over Ruled was a decent look into the topic, but not quite as lively as I hoped. It was still an interesting book.
3.5 stars.
August 15, 2024
Very informative of how laws have gotten out of control from lawmakers and into the hands of bureaucrats and why and how that is bad. Even if you are a lowly citizen living your life, you can be treated and charged for a crime you never heard of get applied to you — and go to prison!! By the time you appeal to courts and maybe even the Supreme Court — and even if you win there, your livelihood and life is already destroyed by the time you are cleared. Very sad.
August 16, 2024
This is a well written and almost fun book to read. I say "almost" because it discusses a major problem with America. So, while most chapters are riveting or nearly so, the fact of our loss of freedom over the years is depressing. However, we need to know the problem in order to fix it, and this is the hope of the book.
Read
August 4, 2024no stars, did not read but really, who wants to read a book by a -man- who is helping to reverse 50+ years of legal precedents.
September 11, 2024
blathers nonsense bc he’s upset ppl can’t be racist and homophobic in public anymore. keep erykah badus name out ur mouth. 😡
August 25, 2024
Reads more like a research paper, but with some compelling stories of over-lawed American citizens.
This book makes a powerful case that there is currently too much law (mostly federal) and we would be better off without it growing at the pace it has. There are few solutions offered or achievable if Americans don't change their course of individual isolation and lack of participation in our governing practices. The book tends to raise frustration with the state of our citizenry, but with no particular call to action.
Overall, it is an interesting and engaging read.
This book makes a powerful case that there is currently too much law (mostly federal) and we would be better off without it growing at the pace it has. There are few solutions offered or achievable if Americans don't change their course of individual isolation and lack of participation in our governing practices. The book tends to raise frustration with the state of our citizenry, but with no particular call to action.
Overall, it is an interesting and engaging read.
September 4, 2024
A book both sides of the isle should be able to agree upon. It’s up to the people to change things.
August 30, 2024
"Overruled" by Neil Gorsuch offers an analysis of the American justice system, critiquing its complexity and the burdensome nature of agency oversight on ordinary people. However, once you reach the end of chapter 4 you will see that the book is deeply flawed, with Gorsuch’s true motives becoming clear through his anti-mask, anti-woman, and anti-vaccine biases.
Gorsuch's decision to overturn *Roe v. Wade* in 2022, despite previously opposing such a move, exposes a glaring hypocrisy that damages his credibility. Furthermore, his rants in Chapters 4 and 5 about COVID-19 measures reveal his personal biases rather than a genuine concern for the rule of law. These digressions make "Overruled" more of a political manifesto than a serious examination of legal principles, reducing its value as a thoughtful critique of the justice system.
Gorsuch's decision to overturn *Roe v. Wade* in 2022, despite previously opposing such a move, exposes a glaring hypocrisy that damages his credibility. Furthermore, his rants in Chapters 4 and 5 about COVID-19 measures reveal his personal biases rather than a genuine concern for the rule of law. These digressions make "Overruled" more of a political manifesto than a serious examination of legal principles, reducing its value as a thoughtful critique of the justice system.
November 5, 2024
This was both a surprisingly easy and quick read as much as one that was at times a bit dull and lengthy with lots of lawyer jargon that did make it a bit rough to get through. With that being said and my personal believing in some if not all of judge Gorsuch’s ideas, I think this is a strong documentation and recollection on the American people’s history, struggles and advancements in the world of law sometimes for good and sometimes at the detriment of the actual local American people. I think this should be required reading for many high school student in government classes and it was extremely eye opening in some areas such as Americas strong euthanasia platforms of the twentieth century that I genuinely was ignorant of before picking this book up.
February 23, 2025
Excellent book by Neil Gorsuch about the explosion of laws and regulations in our country and how that has affected so many people.
Not long ago, all federal government statutes fit into one single volume. At this time it encompasses over 50 volumes and over 60,000 pages. It has become absolutely insane. And many of these rules and regulations are created by unelected bureaucrats, not Congress.
In this book, Gorsuch uses several real life examples of how people have gotten tied up and their lives turned upside down due to laws, rules, and regulations that in most cases make no sense at all.
Fortunately, many people seem to be coming to the realization that this insanity is not good for the country, and there are places where steps are being taken to try to alleviate the situation. We shall see.
Not long ago, all federal government statutes fit into one single volume. At this time it encompasses over 50 volumes and over 60,000 pages. It has become absolutely insane. And many of these rules and regulations are created by unelected bureaucrats, not Congress.
In this book, Gorsuch uses several real life examples of how people have gotten tied up and their lives turned upside down due to laws, rules, and regulations that in most cases make no sense at all.
Fortunately, many people seem to be coming to the realization that this insanity is not good for the country, and there are places where steps are being taken to try to alleviate the situation. We shall see.
March 15, 2025
It’s fine. Decent even. I can just only take so much of Gorsuch and this was not better than the other things I’ve read by them.
so I found myself frustratedly reading through this, which felt like justification for a world view I don’t agree with and perspectives from somebody that I wish had put more energy into looking at marginalized and less powerful populations. Neil’s libertarian ethos is great when you live in Colorado, surrounded by space, it’s less great when you live in a city with a million other people all trying to coordinate and make sure things happen smoothly.
so I found myself frustratedly reading through this, which felt like justification for a world view I don’t agree with and perspectives from somebody that I wish had put more energy into looking at marginalized and less powerful populations. Neil’s libertarian ethos is great when you live in Colorado, surrounded by space, it’s less great when you live in a city with a million other people all trying to coordinate and make sure things happen smoothly.
November 13, 2024
Over Ruled by Neil Gorsuch is a great introduction to our increasingly complex system of law in the United States and how it damages everyday citizens. Even in our politically divided country, there are points in this book on which all Americans should be able to agree are unjust and should demand reform.
November 28, 2024
It’s a dangerous thing to read and recommend a book that agrees with your priors. But this book’s message is powerful and important, and I recommend it.
October 3, 2024
A book that every American should read. An easy read (as far as Supreme Court Justice go) and eye opening as to the state of our federal and state governments. Overall, it’s a message that needs to be sent loud and clear to everyone.
November 30, 2025
The ideas on the administrative state in this book are so important to preserving our democracy. Every American should read it, you don’t need to be a lawyer to read this book.
We start here: what is the purpose of law? John Locke wrote that the PURPOSE of law should be to preserve, enlarge freedom and not restrain it.
This is a book about the runaway administrative state. Under our Constitution, the framers intended for laws to be made in LEGISLATURES, because they are directly accountable to the People. Justice Gorsuch points out the absurdity of many of these laws and the threat to our freedom from the administrative state and advocates for lawmaking to be returned to the legislatures.
No one knows the number of federal crimes currently on the books. But here are some statistics that should scare you to death:
*There’s NO AMERICAN over the age of 18 who can’t be indicted for a federal crime
**1 of 47 adults is under some sort of correctional supervision
***The average American breaks 3 felony laws DAILY
****70% of Americans have committed an IMPRISONABLE offense
*****In 2015, Congress put in place about 100 new laws while federal agencies passed over 5,000 new or proposed laws.
Examples of the runaway administrative state include lots of examples on COVID-19 policy and the absurdity of state and federal agencies making law. State agencies surveilled church parking lots. If you were caught breaking the rules you were fined. Military members who refused the COVID-19 vaccine were threatened with discharge. Large corporations like Costco and Home Depot were allowed to open but small businesses, schools, and churches were forced to close. Federal agencies required TODDLERS in Headstart to wear masks during Covid. Covid policy was absolutely disordered and arbitrary in this country, and its impact on American society cannot be measured but it includes the rise in suicide, drug overdoses, depression, reduced learning, etc.
Justice Gorsuch’s position is that Americans are accepting of the administrative state in part because we no longer trust one another. (40% think it’s OK to use violence to shut down speech that they don’t like. 50% think those who support the other political party are a threat.)
We must do more to tackle the administrative state. President Obama recognized the threat on a federal level and he ordered a review of all of the federal rules/regulations. President Trump also recognized the threat, ordering his administration to eliminate 2 regulations for every 1 implemented. This is certainly a step in the right direction. But according to Justice Gorsuch, not enough is being done to combat the rise in the administrative state and to return lawmaking to where it belongs, the state and federal legislatures.
I thoroughly enjoyed this book. No need to have a law degree to read this one, it’s very well written. Just today, I saw a story in the news that portrayed what Justice Gorsuch writes about here: in New York, a man with a pet squirrel was taken into custody for 5 hours, his home was raided, and the squirrel was taken into custody and put to death. This just happened today, so I’m not sure where this case is going to go. But with everything that’s going on in the state of New York, these state agencies decided to focus the power on the state on a man whose only offense was having a pet squirrel. I agree with Justice Gorsuch. The tens of thousands of laws put in place by state agencies are a threat to our democracy. We must demand that politicians address it.
We start here: what is the purpose of law? John Locke wrote that the PURPOSE of law should be to preserve, enlarge freedom and not restrain it.
This is a book about the runaway administrative state. Under our Constitution, the framers intended for laws to be made in LEGISLATURES, because they are directly accountable to the People. Justice Gorsuch points out the absurdity of many of these laws and the threat to our freedom from the administrative state and advocates for lawmaking to be returned to the legislatures.
No one knows the number of federal crimes currently on the books. But here are some statistics that should scare you to death:
*There’s NO AMERICAN over the age of 18 who can’t be indicted for a federal crime
**1 of 47 adults is under some sort of correctional supervision
***The average American breaks 3 felony laws DAILY
****70% of Americans have committed an IMPRISONABLE offense
*****In 2015, Congress put in place about 100 new laws while federal agencies passed over 5,000 new or proposed laws.
Examples of the runaway administrative state include lots of examples on COVID-19 policy and the absurdity of state and federal agencies making law. State agencies surveilled church parking lots. If you were caught breaking the rules you were fined. Military members who refused the COVID-19 vaccine were threatened with discharge. Large corporations like Costco and Home Depot were allowed to open but small businesses, schools, and churches were forced to close. Federal agencies required TODDLERS in Headstart to wear masks during Covid. Covid policy was absolutely disordered and arbitrary in this country, and its impact on American society cannot be measured but it includes the rise in suicide, drug overdoses, depression, reduced learning, etc.
Justice Gorsuch’s position is that Americans are accepting of the administrative state in part because we no longer trust one another. (40% think it’s OK to use violence to shut down speech that they don’t like. 50% think those who support the other political party are a threat.)
We must do more to tackle the administrative state. President Obama recognized the threat on a federal level and he ordered a review of all of the federal rules/regulations. President Trump also recognized the threat, ordering his administration to eliminate 2 regulations for every 1 implemented. This is certainly a step in the right direction. But according to Justice Gorsuch, not enough is being done to combat the rise in the administrative state and to return lawmaking to where it belongs, the state and federal legislatures.
I thoroughly enjoyed this book. No need to have a law degree to read this one, it’s very well written. Just today, I saw a story in the news that portrayed what Justice Gorsuch writes about here: in New York, a man with a pet squirrel was taken into custody for 5 hours, his home was raided, and the squirrel was taken into custody and put to death. This just happened today, so I’m not sure where this case is going to go. But with everything that’s going on in the state of New York, these state agencies decided to focus the power on the state on a man whose only offense was having a pet squirrel. I agree with Justice Gorsuch. The tens of thousands of laws put in place by state agencies are a threat to our democracy. We must demand that politicians address it.
September 20, 2024
“Our nation’s founding values, too, center on individuals and their inalienable rights. Our government and laws were meant to serve them, not the other way around.” With this introductory comment, Gorsuch explains why personal stories are so useful in explaining how our government works - or doesn’t. The framers of the Constitution made the separation of powers and federalism bedrocks of our system of government. America has always been a national of laws, but today the laws have become so complex and so bound up in the administrative state that it is difficult to discern what the law is how it is applied. “At the dawn of our republic, James Madison contemplated the dangers to individual freedom, equal treatment of persons, and respect for law itself when a nation’s laws are allowed to grow ‘so voluminous that they cannot be read, or so incoherent that they cannot be understood . . . or undergo such incessant changes that no man, who knows what the law is today, can guess what it will be tomorrow.” Some of the cases Gorsuch shares are so incredible, so excessive in their reach, and so confusing that I found them laugh out loud funny. Sadly, they weren’t the least bit amusing to the American citizens who were on the wrong end of the administrative stick. Many of the ordinary U.S. citizens caught up in the administrative state lost their business, their homes, and, in some cases, their lives due to administrative overreach. Many of our administrative departments create the laws or rules, serve the laws on alleged offenders, and then judge the offenders in courts where often the rules of law are applied without the protections provided under the Constitution. In effect, the legislative, executive, and judicial branches all in one place. “Anyone wanting to find the federal laws and rules that govern them must consult (at a minimum) the U.S. Code and the Code of Federal Regulations. Both sets of books are behemoths, unmanageable for any single person to read, though the latter is worse—more than 120,000 pages worse. Still, at least they are written down in a series of published volumes. The same isn’t true of guidance documents, which are scattered everywhere from blog posts to internal reference manuals.” After reading “Over Ruled” it became clear to me that the excessive bureaucracy unleashed under President Wilson needs to be reined in. This isn’t a Republican issue or a Democratic issue, but is an issue that is fundamental to our Constitution and form of government.
October 19, 2024
Mind-blowing. A must read for anyone who wishes to really understand how bloated and gross our current system of laws, created by unelected bureaucrats, has become.
September 5, 2024
Good book by Gorsuch on excessive regulations and their high costs. There are many regulations that hinder us every day. They are often hidden but tax us nonetheless. Check it out.
February 16, 2025
I read Justice Gorsuch’s book “A Republic If You Can Keep It” and I enjoyed it very much so when I saw he had written this book I immediately put it on my “want to read” list. Unlike many who will read this because they lean conservative, and others who will pretend to read it and give it a poor review because they are liberal, I often read books written about Supreme Court Justices from both sides of the political spectrum. I find that it helps me to understand their perspective of the law so I can read through the spin in the media whenever SCOTUS reaches controversial decisions.
That said, this is a book of stories of real people. People whose lives have been turned upside down because of our explosion of laws. Some laws were passed by Congress. Many of these laws come from unelected bureaucrats, agency officials, who were never elected and are unaccountable to the electorate.
Less than 100 years ago, all our federal government statutes fit into a single volume. In 2018 the U.S. Code encompassed 54 volumes and over 60,000 pages. The length of bills has increased tremendously too. The Civil Rights Act of 1964 was 28 pages. The Consolidated Appropriations Act of 2021 was 5000 pages.
Federal agencies write new rules and regulations implementing and interpreting Congress’s laws. These rules and regulations are written by unelected bureaucrats in accordance with their own interpretations of Congress’s intent. (There are only 542 elected federal officials while there are approximately 3 MILLION federal government employees.) In most situations, federal rules and regulations are treated as law. Regulations are published in the Code of Federal Regulations which began in 1936 thanks in part to Justice Louis Brandeis. In 1936, the Federal Register was 16 pages long. In the last several years, the Federal Register has grown by more than 70,000 pages ANNUALLY. It is now approximately 200 volumes and over 188,000 pages.
Again, these federal rules were not directly passed by Congress. They are rules and interpretations of the laws that were passed by Congress by unelected bureaucrats. If a person is accused of violating any of these rules, they must fight the government agency making the accusation. They must hire lawyers (and often accountants) to prove their case. Gorsuch writes, “Maybe those with considerable means can get the legal help they need, but most individuals are left to navigate by themselves – and good luck with that.” The adjudication of cases is, in most situations, handled by the very agency that is making the accusation. Most cases never, ever make it to an impartial jury. The agency accusing you has an obvious bias in its favor to try to maintain its rules and that agency will adjudicate your case.
This book describes a number of real cases where real people had their lives totally upended by accusations of rule violations of the federal code. It’s about “fishermen in Florida, families in Montana, monks in Louisiana, a young internet entrepreneur in Massachusetts” and others who have suddenly found themselves trapped in a legal maze. Gorsuch writes, “The truth is, we now have so many federal criminal laws covering so many things that one constitutional scholar suggests that ‘there is no one in the United States over the age of 18 who cannot be indicted for some federal crime’”
It’s obvious that our government bureaucracy and regulations are out of control and our federal government needs to be streamlined. This book is eye opening look into how our government bureaucracy works. Well worth reading.
That said, this is a book of stories of real people. People whose lives have been turned upside down because of our explosion of laws. Some laws were passed by Congress. Many of these laws come from unelected bureaucrats, agency officials, who were never elected and are unaccountable to the electorate.
Less than 100 years ago, all our federal government statutes fit into a single volume. In 2018 the U.S. Code encompassed 54 volumes and over 60,000 pages. The length of bills has increased tremendously too. The Civil Rights Act of 1964 was 28 pages. The Consolidated Appropriations Act of 2021 was 5000 pages.
Federal agencies write new rules and regulations implementing and interpreting Congress’s laws. These rules and regulations are written by unelected bureaucrats in accordance with their own interpretations of Congress’s intent. (There are only 542 elected federal officials while there are approximately 3 MILLION federal government employees.) In most situations, federal rules and regulations are treated as law. Regulations are published in the Code of Federal Regulations which began in 1936 thanks in part to Justice Louis Brandeis. In 1936, the Federal Register was 16 pages long. In the last several years, the Federal Register has grown by more than 70,000 pages ANNUALLY. It is now approximately 200 volumes and over 188,000 pages.
Again, these federal rules were not directly passed by Congress. They are rules and interpretations of the laws that were passed by Congress by unelected bureaucrats. If a person is accused of violating any of these rules, they must fight the government agency making the accusation. They must hire lawyers (and often accountants) to prove their case. Gorsuch writes, “Maybe those with considerable means can get the legal help they need, but most individuals are left to navigate by themselves – and good luck with that.” The adjudication of cases is, in most situations, handled by the very agency that is making the accusation. Most cases never, ever make it to an impartial jury. The agency accusing you has an obvious bias in its favor to try to maintain its rules and that agency will adjudicate your case.
This book describes a number of real cases where real people had their lives totally upended by accusations of rule violations of the federal code. It’s about “fishermen in Florida, families in Montana, monks in Louisiana, a young internet entrepreneur in Massachusetts” and others who have suddenly found themselves trapped in a legal maze. Gorsuch writes, “The truth is, we now have so many federal criminal laws covering so many things that one constitutional scholar suggests that ‘there is no one in the United States over the age of 18 who cannot be indicted for some federal crime’”
It’s obvious that our government bureaucracy and regulations are out of control and our federal government needs to be streamlined. This book is eye opening look into how our government bureaucracy works. Well worth reading.
August 4, 2025
justice gorsuch does a very compelling job of arguing that the liberties we enjoy as an american electorate are in peril by the creation of many laws by unelected bureaucrats. to his credit, he convincingly demonstrates that the governmental structure we operate within today is far from the one the founders envisioned. without a doubt, there is much to be gleaned from the anecdotes that gorsuch draws on. i really enjoyed this book and learning more about his philosophy of government.
i enjoyed gorsuch's detailed explanation of federalism and the benefits of it across the spectrum ie how federalism allows for local areas to experiment new policy that can later be tried on a larger scale if proven successful, breeds stronger ties to local communities, and a highlights more effectively the issues local communities face rather than a faraway elite creating laws for us they do not fully understand nor try to.
i enjoyed the stories of how regular people are hurt from large amorphous regulatory bodies (from monks' coffin creations, amish history, catholic foster care, fishermen, immigrants, asylum seekers, hair braiders, eyebrow threaders and more!).
that being said, there was a lot to criticize too.
i couldnt help but notice that some of the problems gorsuch writes about could be remedied with more law rather than less. for example, the problem of yates and his being arrested was not due to the fact that there was too much law. rather, more accurately, the relevant law wasn't well defined enough to encompass conduct it meant to punish. ironically then, this issue could have been solved if congress added law i.e. a stipulation that "tangible objects" does not extend to fish / the case at hand.
with regard to federalism, he brings up how there are benefits to allowing states to test varying policies before a national government steps in. he uses the example of covid and vaccine/mask mandates arguing that there was a constitutional overreach of executive power and people trusted "the experts" instead of trusting each other / elected officials to respond. surely, there is some merit to this argument. that being said, the question that i believe gorsuch fails to answer at every turn is: at what cost?
gorsuch never stops to consider how much higher the death toll would have been if the federal government did not respond as quickly as it did to implement vaccine mandates and social distancing guidance. he doesn't address how gridlock in congress could have stymied any effective response during a worldwide pandemic. he goes through the facts that millions of americans were forced to stay inside, children lost social experiences, suicides increased, and loneliness skyrocketed. all of these are horrible truths yet he does not even once stop to acknowledge that the consequences could have been much worse had the administrative state not taken action to mitigate risks in the first place.
for that reason, he loses some credibility. he did not adequately bring up counterarguments to his position, let alone address them.
all in all, enjoyable read! i just wish gorsuch went into more detail on the purported benefits of having a large regulatory state.
i enjoyed gorsuch's detailed explanation of federalism and the benefits of it across the spectrum ie how federalism allows for local areas to experiment new policy that can later be tried on a larger scale if proven successful, breeds stronger ties to local communities, and a highlights more effectively the issues local communities face rather than a faraway elite creating laws for us they do not fully understand nor try to.
i enjoyed the stories of how regular people are hurt from large amorphous regulatory bodies (from monks' coffin creations, amish history, catholic foster care, fishermen, immigrants, asylum seekers, hair braiders, eyebrow threaders and more!).
that being said, there was a lot to criticize too.
i couldnt help but notice that some of the problems gorsuch writes about could be remedied with more law rather than less. for example, the problem of yates and his being arrested was not due to the fact that there was too much law. rather, more accurately, the relevant law wasn't well defined enough to encompass conduct it meant to punish. ironically then, this issue could have been solved if congress added law i.e. a stipulation that "tangible objects" does not extend to fish / the case at hand.
with regard to federalism, he brings up how there are benefits to allowing states to test varying policies before a national government steps in. he uses the example of covid and vaccine/mask mandates arguing that there was a constitutional overreach of executive power and people trusted "the experts" instead of trusting each other / elected officials to respond. surely, there is some merit to this argument. that being said, the question that i believe gorsuch fails to answer at every turn is: at what cost?
gorsuch never stops to consider how much higher the death toll would have been if the federal government did not respond as quickly as it did to implement vaccine mandates and social distancing guidance. he doesn't address how gridlock in congress could have stymied any effective response during a worldwide pandemic. he goes through the facts that millions of americans were forced to stay inside, children lost social experiences, suicides increased, and loneliness skyrocketed. all of these are horrible truths yet he does not even once stop to acknowledge that the consequences could have been much worse had the administrative state not taken action to mitigate risks in the first place.
for that reason, he loses some credibility. he did not adequately bring up counterarguments to his position, let alone address them.
all in all, enjoyable read! i just wish gorsuch went into more detail on the purported benefits of having a large regulatory state.
July 11, 2025
As Justice Gorsuch makes abundantly clear, too many laws, too much bureaucracy, too many administrative experts intruding into ever more personal liberty is enervating. It is also outrageous, stultifying, and destructive of all that makes our American exceptionalism actually exceptional. We are far down that path.
This is not a legal treatise. Gorsuch writes with clarity and focus for the general audience – those who did not go to law school, although I do not doubt that law school graduates will also find the book interesting and thought-provoking. We are becoming what our founders feared – what Mr. Franklin warned of (“Nice little republic ya got there – be a shame if something happened to it!” ... I paraphrase...). The anecdotes and case histories that he utilizes throughout are compelling, infuriating, often heart-breaking for the sheer lack of societal necessity of the outrages committed in the name of law, and for the betrayal of our Constitutional norms of personal freedom, inherent rights and liberty from government intrusion that are fundamental to our system.
Gorsuch does not prescribe specific correctives, other than a restoration of citizen knowledge of, and familiarity with, our history and foundational American principles as expressed in the Declaration and as institutionalized in the Constitution. He is optimistic, and cites several examples of organizations and individuals so engaged, and signs of some retrenchment from the extremes of suffocating administration and government intrusion. I hope he is right. Certainly being made aware of the problem and its extent is a big step, and this book contributes mightily to that endeavor. It is must reading.
This is not a legal treatise. Gorsuch writes with clarity and focus for the general audience – those who did not go to law school, although I do not doubt that law school graduates will also find the book interesting and thought-provoking. We are becoming what our founders feared – what Mr. Franklin warned of (“Nice little republic ya got there – be a shame if something happened to it!” ... I paraphrase...). The anecdotes and case histories that he utilizes throughout are compelling, infuriating, often heart-breaking for the sheer lack of societal necessity of the outrages committed in the name of law, and for the betrayal of our Constitutional norms of personal freedom, inherent rights and liberty from government intrusion that are fundamental to our system.
Gorsuch does not prescribe specific correctives, other than a restoration of citizen knowledge of, and familiarity with, our history and foundational American principles as expressed in the Declaration and as institutionalized in the Constitution. He is optimistic, and cites several examples of organizations and individuals so engaged, and signs of some retrenchment from the extremes of suffocating administration and government intrusion. I hope he is right. Certainly being made aware of the problem and its extent is a big step, and this book contributes mightily to that endeavor. It is must reading.
December 18, 2024
Justice Gorsuch’s second book expands on his great respect for the US Constitution and American Democracy. Whereas the first book focused primarily on historical developments in Constitutional law, this book focused on the real experiences of ordinary Americans by featuring anecdotes from Justice Gorsuch’s experience in the Circuit Court of Appeals and Supreme Court.
This book is not going to provide any profound legal insights to any reader that is already familiar with contemporary constitutional debates such as chevron deference or major questions doctrine. The book instead focuses on the importance of civics and the illiberal danger of our nation’s rapidly expanding executive branch and administrative laws. The book’s stories about individual Americans harmed by our current system provides a profoundly human face to Justice Gorsuch’s legal philosophy.
Justice Gorsuch is often considered “non-institutionalist” because of his willingness to follow the text of the law as he best understands it regardless of its inconvenient or inefficient consequences (e.g. McGirt vs Oklahoma). This book highlights that where most Americans see only consequences and efficiency, Justice Gorsuch sees real Americans behind every case that reaches his court who deserve clear laws that are decided by a democratic process.
This book is not going to provide any profound legal insights to any reader that is already familiar with contemporary constitutional debates such as chevron deference or major questions doctrine. The book instead focuses on the importance of civics and the illiberal danger of our nation’s rapidly expanding executive branch and administrative laws. The book’s stories about individual Americans harmed by our current system provides a profoundly human face to Justice Gorsuch’s legal philosophy.
Justice Gorsuch is often considered “non-institutionalist” because of his willingness to follow the text of the law as he best understands it regardless of its inconvenient or inefficient consequences (e.g. McGirt vs Oklahoma). This book highlights that where most Americans see only consequences and efficiency, Justice Gorsuch sees real Americans behind every case that reaches his court who deserve clear laws that are decided by a democratic process.
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