Gorsuch, Embracing Originalism, Mustered No Support in Solo Dissent
"The contracts clause categorically prohibits states from passing 'any ... law impairing the obligation of contracts,'" Justice Neil Gorsuch wrote in a solo dissent in the case Sveen v. Melin. The framers, Gorsuch said, "were absolute. They took the view that treating existing contracts as 'inviolable' would benefit society by ensuring that all persons could count on the ability to enforce promises lawfully made to them."
June 12, 2018 at 02:02 PM
2 minute read
Neil Gorsuch testifies at his confirmation hearing in March. Photo: Diego M. Radzinschi/ NLJ made a vow first contracts clause case ruling Sveen v. Melin
"Of course, the framers knew how to impose more nuanced limits on state power. The very section of the Constitution where the contracts clause is found permits states to take otherwise unconstitutional action when 'absolutely necessary,' if 'actually invaded,' or 'wit[h] the consent of Congress.' But in the contracts clause the framers were absolute. They took the view that treating existing contracts as 'inviolable' would benefit society by ensuring that all persons could count on the ability to enforce promises lawfully made to them—even if they or their agreements later prove unpopular with some passing majority."
U.S. Supreme Court Justice Clarence Thomas.Sessions v. Dimaya ruling 5-4 Dimaya an amicus brief cited as support Read more: After the 'Epic' Ruling, Is #Gorsuchstyle a Thing of the Past? Gorsuch Renounces Ginsburg's 'Apocalyptic' Warnings in Landmark Labor Case Justice Ginsburg Scorns 'History Lesson' in This Gorsuch Dissent Justices Thomas and Gorsuch Call for Curbs on Federal Agency Power Clarence Thomas: Gorsuch Is a 'Good Man' 'You're a Bunch of Radicals,' Gorsuch Jokes at Federalist Society Dinner
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