The Gorsuch-Menashi Doctrine

‘Never . . . never . . . never’ is the way John Adams put the rule against one branch of government doing the work of another.

Via Wikimedia Commons
Justice Neil Gorsuch at the Supreme Court on April 10, 2017. Via Wikimedia Commons

Constitutional cognoscenti will be keeping an eye out in coming seasons for the emergence of what the Sun intends to call the Gorsuch-Menashi Doctrine. That would be the idea that courts may not violate the principle of separated powers by appointing prosecutors to pursue a case, even where the executive branch has decided not to do so. It’s deciding a case, not prosecuting it, that is the job of the judiciary.

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