In this episode of Badlands Book Club, CannCon and Ashe in America tackle Chapter 4 of Overruled by Justice Neil Gorsuch and Janie Nitze, titled “Sword of Damocles.” The hosts dive into the story of racing legend Bobby Unser, who survived a deadly snowstorm only to be charged as a federal criminal for straying onto protected land. They explore how this case, and dozens like it, illustrate the explosive growth of federal criminal law, the erosion of mens rea standards, and the weaponization of vague regulations.

Ashe and CannCon highlight shocking examples of ordinary Americans criminalized for minor infractions, from orchid collectors to schoolchildren charged over harmless pranks. The conversation also touches on the Supreme Court’s weakening of the rule of lenity, the explosion of plea bargains replacing jury trials, and the unchecked power of bureaucracies to write laws ordinary citizens can’t even locate, let alone understand. Drawing parallels to the January 6 prosecutions, they warn about a justice system that has become an engine of coercion rather than accountability. This is a sobering, detailed look at the hidden architecture of modern tyranny, one regulation at a time.