In Gorsuch's Homage to Legislative Power, a Subtle Reproach of a Neutered Congress

In his concurrence to the ruling invalidating President Trump’s tariffs, Justice Neil M. Gorsuch made a forceful case for the sanctity of the legislative process — and an implicit critique of its current dysfunction.

“It can be tempting to bypass Congress when some pressing problem arises,” Justice Neil M. Gorsuch wrote. “But the deliberative nature of the legislative process was the whole point of its design.”Credit...Tierney L. Cross for The New York Times

Justice Neil M. Gorsuch’s concurring opinion released on Friday after the Supreme Court struck down President Trump’s tariffs concluded with a paean to Congress that read like a requiem for a bygone era of legislative power.

“Yes, legislating can be hard and take time,” wrote Justice Gorsuch, a Trump appointee who is part of the court’s conservative majority. “And yes, it can be tempting to bypass Congress when some pressing problem arises. But the deliberative nature of the legislative process was the whole point of its design. Through that process, the nation can tap the combined wisdom of the people’s elected representatives, not just that of one faction or man.”

It was a description of governing completely at odds with what is currently underway across the street from the Supreme Court at the Capitol, where Republicans controlling the House and the Senate have ceded their power to one man — Mr. Trump — on a variety of issues. In essence, they are acting as if they have no wisdom to tap, or no business doing so.

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“Not my lane has become the go-to reply among Republicans asked questions about any number of Mr. Trump’s actions. Mr. Johnson has used some iteration of the phrase to respond to questions about whether it was appropriate for Mr. Trump to accept the gift of a jet from Qatari leaders; whether he supported the ouster of the new director of the Centers for Disease Control and Prevention; and whether he would support Mr. Trump pardoning the convicted sex trafficker Ghislaine Maxwell, though he added such a move would give him “great pause.”

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https://www.nytimes.com/2026/02/21/us/politics/gorsuch-congress-trump-tariffs.html