“This overweening addiction to the courtroom as the place to debate social policy is bad for the country and bad for the judiciary. In the legislative arena, especially when the country is closely divided, compromises tend to be the rule the day. But when judges rule this or that policy unconstitutional, there’s little room for compromise: One side must win, the other must lose. In constitutional litigation, too, experiments and pilot programs — real-world laboratories in which ideas can be assessed on the results they produce — are not possible. Ideas are tested only in the abstract world of legal briefs and lawyers arguments. As a society, we lose the benefit of the give-and-take of the political process and the flexibility of social experimentation that only the elected branches can provide.”

—  Neil Gorsuch

Liberals’N’Lawsuits http://www.nationalreview.com/article/213590/liberalsnlawsuits-joseph-6 (February 7, 2005)

Adopted from Wikiquote. Last update June 3, 2021. History

Help us to complete the source, original and additional information

Do you have more details about the quote "This overweening addiction to the courtroom as the place to debate social policy is bad for the country and bad for the…" by Neil Gorsuch?
Neil Gorsuch photo
Neil Gorsuch 3
Associate Justice of the Supreme Court of the United States 1967

Related quotes

Antonin Scalia photo

“What secret knowledge, one must wonder, is breathed into lawyers when they become Justices of this Court, that enables them to discern that a practice which the text of the Constitution does not clearly proscribe, and which our people have regarded as constitutional for 200 years, is in fact unconstitutional? […] The Court must be living in another world. Day by day, case by case, it is busy designing a Constitution for a country I do not recognize.”

Antonin Scalia (1936–2016) former Associate Justice of the Supreme Court of the United States

Board of County Commissioners, Wabaunsee County, Kansas, v. Umbehr, 518 U.S. 668 http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=U20028&friend=oyez, No. 94-1654 (1996, dissenting); decided June 28, 1996.
1990s

Simone Weil photo

“If the countries were divided by a real opposition of interests, it would be possible to arrive at a satisfactory compromise. But when economic and political interests have no meaning apart from war, how can they be peacefully reconciled?”

Simone Weil (1909–1943) French philosopher, Christian mystic, and social activist

Source: Simone Weil : An Anthology (1986), The Power of Words (1937), p. 224
Context: What a country calls its vital economic interests are not the things which enable its citizens to live, but the things which enable it to make war; petrol is much more likely than wheat to be a cause of international conflict. Thus when war is waged it is for the purpose of safeguarding or increasing one's capacity to make war. International politics are wholly involved in this vicious cycle. What is called national prestige consists in behaving always in such a way as to demoralize other nations by giving them the impression that, if it comes to war, one would certainly defeat them. What is called national security is an imaginary state of affairs in which one would retain the capacity to make war while depriving all other countries of it. It amounts to this, that a self-respecting nation is ready for anything, including war, except for a renunciation of its option to make war. But why is it so essential to be able to make war? No one knows, any more than the Trojans knew why it was necessary for them to keep Helen. That is why the good intentions of peace-loving statesman are so ineffectual. If the countries were divided by a real opposition of interests, it would be possible to arrive at a satisfactory compromise. But when economic and political interests have no meaning apart from war, how can they be peacefully reconciled?

Rachel Maddow photo
Wilhelm Liebknecht photo
Lal Bahadur Shastri photo
Patri Friedman photo

“We do not live in a world that mainly suffers bad policies due to lack of ideas about better ones, or lack of elegant explanations supporting good policies, but one that suffers bad policies due to system and meta-system level incentives.”

Patri Friedman (1976) American libertarian activist and theorist of political economy

in Public Choice Ignorance Everywhere http://athousandnations.com/2010/11/09/public-choice-ignorance-everywhere/, November 2010

George William Curtis photo
John Ruskin photo
Jawaharlal Nehru photo
Hugh Gaitskell photo

Related topics