Hearings on Judge Neil Gorsuch’s nomination to the Supreme Court began March 20, and some legal experts suggest that his positions on over-criminalization and statutory vagueness make him potentially friendly to criminal defendants.
Gorsuch’s speeches and opinions reveal a judge inclined to construe criminal statutes narrowly and to hold the prosecution to its burden of proving every element of an offense. But equally important to understanding Gorsuch’s overarching philosophy of interpreting criminal law will be distilling his approach to a developing issue in white-collar prosecutions — the need to properly define core offense elements when prosecutions are stretched to reach actors and acts outside of a criminal statute’s heartland.
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