Gorsuch, Breyer talk regulatory reform, Peanut the squirrel

Justice Neil M. Gorsuch and retired Justice Stephen G. Breyer Jr. highlighted problems with the federal government’s regulatory system in a joint address Thursday evening at an annual Federalist Society gala where the Peanut the squirrel case was mentioned.

Justice Amy Coney Barrett and Justice Brett M. Kavanaugh were also in attendance where more than 1,000 Federalist Society members and supporters dined at the Washington Hilton at the Society’s Antonin Scalia Memorial Dinner.

Justice Gorsuch, a Trump appointee, said he missed working with Justice Breyer, a Clinton appointee, on a daily basis, acknowledging that “of course, we would disagree.” Justice Breyer retired in 2022 and President Biden replaced him with Justice Ketanji Brown Jackson.

Justice Gorsuch said “Steve is one of the leading experts” on regulatory reform.

“The most powerful among us benefit from an overwhelming administrative state,” Justice Gorsuch said.

But “both of us have seen so many cases … in which ordinary Americans have been swallowed up by laws,” the justice added. “It is really a problem that has emerged in our lifetime.”

Justice Breyer echoed the sentiment, saying “there were problems with regulation in 1982. There are problems with regulation today.”

Even Peanut, an internet-famous squirrel who went viral ahead of Election Day after New York officials euthanized him, got a shout out in reference to everyday Americans being affected by regulation.

Mark Longo had his pet squirrel Peanut and pet raccoon Fred seized from his New York home last month after the New York State of Department of Environmental Conservation. They were later killed in rabies tests.

Ahead of the seizure, the state had received several complaints about the Longos housing the wild animals without license.

Peanut became a rallying cry on social media for too much big government.

“Can we make the world safe for … Peanut and ordinary Americans across the country?” Justice Gorsuch said.

During the dinner, Justice Gorsuch highlighted information from his new book “Over Ruled, The Human Toll of Too Much Law.”

He wrote his second book since joining the high court with a former law clerk, Janie Nitze, where the two review several cases on how too much law has interfered with Americans’ freedom. The book was published in August.

His first book, “A Republic, If You Can Keep It,” was published in 2019.

Justice Breyer said that each and every case can make a difference to someone.

“The institution has to be independent,” he said of the judiciary. “No judge is going to be unaware of what people think generally during his or her time, so it is hard to have an institution that is independent.”

“People try to do the best with what they have,” Justice Breyer said.